Hi please can someone advise

[Debt girl]

Re: Hi please can someone advise

Thank you both so much will get straight on to it will keep you posted

[Debt girl]

Re: Hi please can someone advise

Hi all I did what was advised and set the defence in to the court by recorded delivery on the 24 June today I have received this from Bryan carter
lowell portfolio v myself
claim no XXXXXXXX
our client Lowell portfolio
account no XXXXXXXXX
we are writing to formally confirm our clients intention to proceed with this matter
we will send notification to the court shortly but before we do our client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses and if necessary mediate the court encourages this type of negotiation between parties
my defence was based on the fact that my cpr 31 14 request was not adhered to. Please can you advise what I need to do next or is this just scare tactics from Bryan Carter many thanks

[nemesis45]

Re: Hi please can someone advise

Standard reply Debt Girl.


A defence based solely on non compliance with CPR31.14 is not enough.
The no compliance with CCA request is more relevant.
You will need to look further into beefing up the defence.

nem

[Debt girl]

Re: Hi please can someone advise

Nem please can you advise n how to beef up defence thought cca did not apply as it was o mobile contract

[FlamingParrot]

Re: Hi please can someone advise

Hi all I did what was advised and set the defence in to the court by recorded delivery on the 24 June today I have received this from Bryan carter
lowell portfolio v myself
claim no XXXXXXXX
our client Lowell portfolio
account no XXXXXXXXX
we are writing to formally confirm our clients intention to proceed with this matter
we will send notification to the court shortly but before we do our client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses and if necessary mediate the court encourages this type of negotiation between parties
my defence was based on the fact that my cpr 31 14 request was not adhered to. Please can you advise what I need to do next or is this just scare tactics from Bryan Carter many thanks

Nem please can you advise n how to beef up defence thought cca did not apply as it was o mobile contract

You have already submitted your defence and they have decided to proceed, if you were to amend your defence you'd have to make an application to the court. Is there anything in particular you feel you'd need to say? Otherwise you'll just have to wait till you receive the N180 small claims directions questionnaire. If it goes all the way to trial, the court will order them to supply the documents but you are correct, the CCA request doesn't apply to a mobile contract but they should supply a copy of said contract.

[nemesis45]

Re: Hi please can someone advise

Nem please can you advise n how to beef up defence thought cca did not apply as it was o mobile contract

Sorry my mistake DG. I'll take a look through and get back to you.

A defence based on CPR31.14 is not going to be successful!

The POC details a agreement to supply goods services I'm hoping against hope this was an agreement to by a phone as well as mobile services?? A lot of thinking to do on this!!
nem

nem

[Debt girl]

Re: Hi please can someone advise

Thanks both for the replies will wait to hear from you nem many thanks again

[Debt girl]

Re: Hi please can someone advise

I did have a phone with this contract and later added a phone for my daughter which was supposed to be on a capped tariff but never was I had to phone them every month to tell them this hence the massive bill I don't know wether to give up and just make them an offer of monthly payments with Bryan Carters helpful and friendly team does anyone have any thoughts on this they have not supplied myself with any paper work as requested really don't want a ccj on my credit file as after a period of illness really trying to sort my finances out and also can I write to Bryan Carter with an offer thanks in advance

[nemesis45]

Re: Hi please can someone advise

I did have a phone with this contract and later added a phone for my daughter which was supposed to be on a capped tariff but never was I had to phone them every month to tell them this hence the massive bill I don't know wether to give up and just make them an offer of monthly payments with Bryan Carters helpful and friendly team does anyone have any thoughts on this they have not supplied myself with any paper work as requested really don't want a ccj on my credit file as after a period of illness really trying to sort my finances out and also can I write to Bryan Carter with an offer thanks in advance

OK the failure to maintain the capping of the 2nd phone should have been taken up at formal complaint level with the provider.
Was this disputed at all??

nem

[Debt girl]

Re: Hi please can someone advise

This was disputed every month and I was told they didn't cap phones so I told them in this case I had been missold a contract and in the end it was capped at 15 pounds with a five pound excess so it never should have been anymore then 20 pounds a month but it often was the problem now being I would not have any paperwork to prove this

- - - Updated - - -

Also it has been 4 years since I would have had any contact with them

[nemesis45]

Re: Hi please can someone advise

This was disputed every month and I was told they didn't cap phones so I told them in this case I had been missold a contract and in the end it was capped at 15 pounds with a five pound excess so it never should have been anymore then 20 pounds a month but it often was the problem now being I would not have any paperwork to prove this

- - - Updated - - -

Also it has been 4 years since I would have had any contact with them

That's a shame!! You can be truthful in stating in your defence that the account
was in dispute when it closed and sold on. the amount claimed by Lowell is
exaggerated.

If you want to make an offer to pay by instalments it must be reasonable and
above all affordable and sustainable for you.

nem

[Debt girl]

Re: Hi please can someone advise

Thanks nem think I will make an offer

[FlamingParrot]

Re: Hi please can someone advise

Thanks nem think I will make an offer

If you are going to settle, you should do so via a Tomlin order to avoid a CCJ.

[nemesis45]

Re: Hi please can someone advise

See if they will settle first without resorting to a Consent order, if you make the slightest slip up with an order is place the claimant can get summary judgement very quickly.

It's always worth a try to do it this way..

If you do go for the ( Consent/Tomlin order please let us see the draft order before you sign it..

Remember the offer must be reasonable and sustainable for a considerable period of time.

nem