JD Williams lowell finance and bryan carter court summons

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Hi Everyone
Ok I think i found what this claim is relating to and it was in dispute if it is simply be which is part of jd williams group so i presume although it doesnt say simply be on the claim form it must be this catalogue. I have had plenty of demands from lowell group referring to jd williams but i have ignored them because i didnt know what it related to and I have been so ill over the last few years if they are not banging on my door or issuing me a court claim then i admit i just ignore them especially when you are battling away permenantly to save your home from repossession lettters from debt collectors get put to one side i am afraid. not that i dont take my responsibilities seriously and i certainly do not try to avoid paying what i owe them but when they wont accept a reasonable proposal of payment then continue to charge me a late fee even when i have been paying them all i could afford and its making no dent in the amount i owe then i just stopped paying the £10 a month because it was pointless. my bill was going up not down. the last payment of £10 i made was in november 2011 direct transfer online from my bank. nothing has been paid since. i can not find the original bills but i am searching for them as we speak. so i will know the amount i owed when i stopped paying them.
so should i put this in my defence and state that paid all i could afford each month and i tried to get them to agree these repayments of £10 a month and for them to freeze the account and stop applying charges but they would not agree. ( my brain is half working today and bits of information keep coming to me i just need clarification if i am on the right lines here because I thought that if the account is in dispute does that not mean that it has to be referred back to the original company and other third parties can not take me to court. Please advise if this is the case because i have a feeling that i am right on this one. thank you kind regards maria.

[CleverClogs]

Re: JD Williams lowell finance and bryan carter court summons

Hi Everyone once again another update i telephoned northampton today to inform them of the letter i recieved from bryan carter agreeing to another 28days on top of the original 28 days the guy on the phone told me that the court had not agreed this extention and bryan carter had not contacted them to agree it either. (so on the ball bryan carter lot arent they??? NOT!! i WONDER IF THEY ARE DOING THAT ON PURPOSE SO I THINK I HAVE MORE TIME TO SUBMITT MY DEFENCE WHEN IN FACT THE COURT KNOWS NOTHING ABOUT IT THEREFORE I GET A JUDGEMENT BY DEFAULT ENTERED AGAINST ME?? JUST A THOUGHT MAYBE THIS IS A DEVIOUS WAY OF OBTAINING A JUDGEMENT)??

It does look as if Bwyan Carter is playing at Silly Buggers. :tinysmile_hmm_t2:

[ODC]

Re: JD Williams lowell finance and bryan carter court summons

It does look as if Bwyan Carter is playing at Silly Buggers. :tinysmile_hmm_t2:

He is a slippery customer. However the letter he sent would be good enough to convince a reasonable judge that he was being a smart ass

[mystery1]

Re: JD Williams lowell finance and bryan carter court summons

Hi Everyone once again another update i telephoned northampton today to inform them of the letter i recieved from bryan carter agreeing to another 28days on top of the original 28 days the guy on the phone told me that the court had not agreed this extention and bryan carter had not contacted them to agree it either. (so on the ball bryan carter lot arent they??? NOT!! i WONDER IF THEY ARE DOING THAT ON PURPOSE SO I THINK I HAVE MORE TIME TO SUBMITT MY DEFENCE WHEN IN FACT THE COURT KNOWS NOTHING ABOUT IT THEREFORE I GET A JUDGEMENT BY DEFAULT ENTERED AGAINST ME?? JUST A THOUGHT MAYBE THIS IS A DEVIOUS WAY OF OBTAINING A JUDGEMENT)??
ANY WAY THE GUY SAID THAT THE FINAL DAY IS THE 12TH OF NOVEMBER FOR THE FIRST EXTENTION OF TIME. SO I GOT PLENTY OF TIME TO FILE MY DEFENCE ANYWAY. THANK YOU AGAIN ANY ADVICE ON WHAT I SHOULD PUT ON MY DEFENCE WOULD BE GREAT THANK YOU MARIA:tinysmile_twink_t2:

The guy at the court is a prize dickhead. It is not up to Carter to inform the court and the court doesn't have a say in the matter either !


http://www.justice.gov.uk/courts/pro...es/part15#15.5

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

M1

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Hi there everyone sorry i havent posted for a while I have been waiting to see if Bryan carter got back to me with the documents i requested on the 16th of october. As of todays date it has been 29 days since I made the request. They did write back to me on the 22nd of October informing me that they would get the documents i requested but not within the fourteen days that i had given them.
Therefore it is now over 28 days so where should i go from here ? I still have no documents as proof of their claim against me so how do i do my defence do i wait longer until a few days before my 28 days runs out of my extended time or inform the court that i requested the documents with in fourteen days and it has now been 29 days and can not file my defence without them and they are in breach of what ever cpr rule it is?? sorry i dont know the law that well i just want to get i right and not look stupid to the court. Supposedly i have 28 days from the 12th of november now to submit my defence. But Because bryan carter agreed to giving me the extra 28 days to file my defence, does that also entitle bryan carter another 28 days to produce the documents i requested or did they still have to compy with the fourteen day rule. i am so confused here please advise thankyou maria

[FlamingParrot]

Re: JD Williams lowell finance and bryan carter court summons

Therefore it is now over 28 days so where should i go from here ? I still have no documents as proof of their claim against me so how do i do my defence do i wait longer until a few days before my 28 days runs out of my extended time or inform the court that i requested the documents with in fourteen days and it has now been 29 days and can not file my defence without them and they are in breach of what ever cpr rule it is?? sorry i dont know the law that well i just want to get i right and not look stupid to the court. Supposedly i have 28 days from the 12th of november now to submit my defence. But Because bryan carter agreed to giving me the extra 28 days to file my defence, does that also entitle bryan carter another 28 days to produce the documents i requested or did they still have to compy with the fourteen day rule. i am so confused here please advise thankyou maria

Bryan Carter seem to be doing the same with a number of people on here. :mad2:

Did you inform the court when they agreed to a 28 day extension? I've just posted on a similar thread: http://www.legalbeagles.info/forums/...604#post386604

And there's also this one in a similar situation: http://www.legalbeagles.info/forums/...ty-Court/page3

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Hi Flaming Parrot
thank you for your reply yes i phoned the court and told them and the guy said that was fine just file my defence by the new date. i asked if bcarter had informend them he said no. i told him i would send him an email copy of the letter from bryan carter agreeing the extension and he said not to bother. he would make a note that i had rang and that was it basically. It is just bothering me now because i dont know were i stand do i just wait forever just in case they send all the docs to me.Or because bryan carter have not sent the docs to me within the 14 days that i gave them in my letter on the 16th of october in which they told me it would take longer than 14 days but didnt tell me how much longer. It has now been 30 days in which they have had the time to get the docs to me so even longer than 28 days. So they have not complied with the CPR 31.14 and i told them in my letter that if they didnt comply within the time scale then i would write to court and ask them to have the claim struck out or stayed. I have an old letter here that i sent to court about capital one a few years back and wondered if i should send them this as my defence and see what happens.
The letter basically states the following:-

Northampton County Court
claim number **********
between
Bryan carter
and
me

Defence

1. I am at a considerable disadvantage in preparing my defence in that the claimant has failed to disclose any documents that are mentioned in its statementof case or will otherwise be relying on in court.

2. On the 16th of october 2013 I made a request to the claimant for disclosure of documents mentioned in its statement of case persuant to CPR31.14 To date the claimant has failed to provide the said documents.

3. I recieved a letter from the claimant dated the 22nd of october 2013 stating that because it was a claim for under £5,000 it would be allocated to the small claims track therefore as this was a simple contractual matter Part 31 of the CPR rules did not apply.

4. The calimant stated that they could supply the documents but not within of 14 days, however did not state a date when the claimant would be able to supply the documents.

5. Although the claim is for a sum which is less than £5,000 and will in all likelihood be allocated to the small claims track for determinatioon upon my delivering a defence at the time making my CPR321.14 request I had not delivered my defence and the case had not been allocated a track . In consequence the provisions of CPR27.2(1)b were of no effect at the time that i made my request and so it was unreasonable for the claimant not to comply with my request.
6. It has now been over 28 days since i made my CPR 31 request and have not heard anything from Bryan Carter since their response to my letter dated the 22nd of October 2013. I feel that if the claimant had been in possession of the said documents they would have beeen readily available and to hand, and not take longer than 28 days to acquire them and furnish me with the said documents.
7. therefore I feel that Bryan Carter have no intention of responding to my request because I am of the opinion that the said documents do not exist.
8. As a result I would respectfully request the court consider using its powers to either strike out the claim or stay it until such time as the Claimant responds to my CPR 31.14 request .
9. As i am a litigant in person it would unfairly prejudice me if the Claimant will not disclose the documents that he seeks to rely on.
10. In light of the above it is not admitted that i am indebted to the claimant as alleged or at all.

What do you think should i send this and would i be within my rights to send this? your advice is very much appreciated madmaria:tinysmile_hmm_t2:

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Any thoughts on the above thankyou maria

[mystery1]

Re: JD Williams lowell finance and bryan carter court summons

I wouldn't send that. When is the last date for filing a defence ?

M1

[MIKE770]

Re: JD Williams lowell finance and bryan carter court summons

Hi Flaming Parrot
thank you for your reply yes i phoned the court and told them and the guy said that was fine just file my defence by the new date. i asked if bcarter had informend them he said no. i told him i would send him an email copy of the letter from bryan carter agreeing the extension and he said not to bother. he would make a note that i had rang and that was it basically. It is just bothering me now because i dont know were i stand do i just wait forever just in case they send all the docs to me.Or because bryan carter have not sent the docs to me within the 14 days that i gave them in my letter on the 16th of october in which they told me it would take longer than 14 days but didnt tell me how much longer. It has now been 30 days in which they have had the time to get the docs to me so even longer than 28 days. So they have not complied with the CPR 31.14 and i told them in my letter that if they didnt comply within the time scale then i would write to court and ask them to have the claim struck out or stayed. I have an old letter here that i sent to court about capital one a few years back and wondered if i should send them this as my defence and see what happens.
The letter basically states the following:-

Northampton County Court
claim number **********
between
Bryan carter
and
me

Defence

1. I am at a considerable disadvantage in preparing my defence in that the claimant has failed to disclose any documents that are mentioned in its statementof case or will otherwise be relying on in court.

2. On the 16th of october 2013 I made a request to the claimant for disclosure of documents mentioned in its statement of case persuant to CPR31.14 To date the claimant has failed to provide the said documents.

3. I recieved a letter from the claimant dated the 22nd of october 2013 stating that because it was a claim for under £5,000 it would be allocated to the small claims track therefore as this was a simple contractual matter Part 31 of the CPR rules did not apply.

4. The calimant stated that they could supply the documents but not within of 14 days, however did not state a date when the claimant would be able to supply the documents.

5. Although the claim is for a sum which is less than £5,000 and will in all likelihood be allocated to the small claims track for determinatioon upon my delivering a defence at the time making my CPR321.14 request I had not delivered my defence and the case had not been allocated a track . In consequence the provisions of CPR27.2(1)b were of no effect at the time that i made my request and so it was unreasonable for the claimant not to comply with my request.
6. It has now been over 28 days since i made my CPR 31 request and have not heard anything from Bryan Carter since their response to my letter dated the 22nd of October 2013. I feel that if the claimant had been in possession of the said documents they would have beeen readily available and to hand, and not take longer than 28 days to acquire them and furnish me with the said documents.
7. therefore I feel that Bryan Carter have no intention of responding to my request because I am of the opinion that the said documents do not exist.
8. As a result I would respectfully request the court consider using its powers to either strike out the claim or stay it until such time as the Claimant responds to my CPR 31.14 request .
9. As i am a litigant in person it would unfairly prejudice me if the Claimant will not disclose the documents that he seeks to rely on.
10. In light of the above it is not admitted that i am indebted to the claimant as alleged or at all.

What do you think should i send this and would i be within my rights to send this? your advice is very much appreciated madmaria:tinysmile_hmm_t2:

Note:- Small Claims up to £10,000 now.

[MIKE770]

Re: JD Williams lowell finance and bryan carter court summons

Note:- Small Claims up to £10,000 now.

Also Part 31.14 they can ignore it seems BUT you request on a later date if they refuse, later proceedings under a different CPR request, as I was informed in the similair circumstances?

others will respond also and maybe confirm?

[FlamingParrot]

Re: JD Williams lowell finance and bryan carter court summons

Also Part 31.14 they can ignore it seems BUT you request on a later date if they refuse, later proceedings under a different CPR request, as I was informed in the similair circumstances?

others will respond also and maybe confirm?

What happens is that Part 31 does not apply to small claims, however, the reason you send a CPR 31.14 request for a claim under £10k is because the claim wouldn't have been allocated yet at that stage.

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Hi everyone thankyou for your replies but i am still confused as to what i should be doing right now.

i dont know how to word my defence because the account was in dispute at the time it defaulted I thought if an account was in dispute then if they pass your account on to another party then that party could not take you to court is that correct???

and if it turns out that the other party can actually can take me to court then what do i do about this cpr 31.14 if they dont disclose and send the proof they have of my account then how can i put together a defence if they dont send me anything back before the court date then what do i do then???
The final date is the 4th of december.
i am really confused please advise thankyou madmaria

[mystery1]

Re: JD Williams lowell finance and bryan carter court summons

i dont know how to word my defence because the account was in dispute at the time it defaulted I thought if an account was in dispute then if they pass your account on to another party then that party could not take you to court is that correct???

No. If they have a right to assign it then they can. The way some people appear to define dispute is "i don't want to pay ner ner ner " A s77/8/9 default is not a dispute on the agreement. What are you disputing ?

and if it turns out that the other party can actually can take me to court then what do i do about this cpr 31.14 if they dont disclose and send the proof they have of my account then how can i put together a defence if they dont send me anything back before the court date then what do i do then???
The final date is the 4th of december.

You can apply for an unless order, that is, they disclose or the claim is struck out. It is not so easy to get on an amount clearly destined for the small claims track as some judges will ignore the fact the claim is currently trackless. It would put you at risk of costs but it would perverse to say on one hand that the application is denied because it will be small claims (with it limited costs) and then order huge costs for filing an application ! It is still a risk though. Firstly phone Carter up and ask where the documents are. If he signed the claim form you could ask if he has ever seen them and if not ask how he can have an honest belief in the truth of his statement of truth.

Or you can work with what you have. http://www.legalbeagles.info/forums/...280#post383280

M1

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Hi Everyone I have just copied this down below for reference this just goes to show how my brain does not work at times and i completely overlooked this post and the advice, this is what makes me look like a complete fool, so I apologise for going on and on and not acting on the advice given. I have put the answers to the questions from Flaming Parrots post after the quote!

Originally Posted by FlamingParrot
Not quite! You have to think about your defence. Of course BC may well decide to drop it now you've stated your intention to defend, but you can't bank on it. With regards to defences, I'm going to quote something that PT2537 :yo: has written elsewhere:

The best advice i can offer on that is to sit down and think careful about the limbs of your case, maybe even identify the issues in bullet point form.

1) Assignment- Has valid notice been given, is there an assignment
2) has the s78 request been complied with
3) was there ever a signed agreement, if not then how did the account open, what happened, where did the agreement come into your possession from? was it a magazine? newspaper etc
4) was there a notice of sums in arrears
5) was there a default notice?
6) is there any telephone harassment

etc.

And most importantly, you need to consider key points like did you actually have the loan or credit card which the creditor has sued you for. As remarkable as it may seem, some times creditors do make errors and sue the wrong person.

that would at least give you structure to the issues, and you can then expand on the facts. The important thing however, is not to start waffling about things that don't apply, say the claim does comply with rule 16 then don't say it doesn't in your defence as it will make you look stupid, if you never signed an agreement then don't cry because the creditor hasn't given you a copy but stop and think about it, if you never signed it then he never had it so can never give it!!!!!!

1, As far as I am aware i have never had sight of a valid notice of assignment
2,The S78 has not been complied with or even confirmed that they recieved my request.
3.As far as i am aware and if it is simply be catalogue which i am sure it must be because JD Williams own simply be which i did not know before last month as on the letters i have recieved in the past simply be is not mentioned or referred to in any way. Therefore i applied for the account online when i made my first order and i am not aware that i actually signed an agreeement in paper form thereafter.
4.There was a notice of sums in arrears from JDWilliams but not simply be
5. There was a default notice by JD Williams but not simply be.
6. Yes definately lots of telephone harrassment they would phone up to ten times a day or three or four times one after the other. i also think that one of their debt collecting companies has a answer phone message and when you listen it doesnt say who they are and you end up phoning them on a premium rate number or there are the silent calls too. they started ringing at 8am and ended at 9pm. On checking my records they have had umpteen debt collectors and solicitors they have passed this debt to all of which are guilty of telephone harrassment, first of all it was JD Williams then it went to Candid (DAL), then Reliable collections ltd, then Buchanan Clark and Wells, then lowelll portfolios, then Hamptons Legal, then Fredrickson International, then finally Bryan Carter.
7. If it turns out to be Simply be catalogue then i did have an account with them but when i got into financial difficulties i asked them like all my other creditors to accept a token payment for six months then review and in the mean time freeze the interest and not to charge me the £40 a month arrears fee. but they refused and carried on charging me so i stopped payment because i wasnt getting anywhere with £5 a month and at the time i didnt have the strength in me to argue. i just gave up so that is how it all came about if as i said it is simply be which i am pretty sure now that it is. (This is where i get the account was in dispute from because by now the original balance will have loads of these £40 charges on plus interest which i tried to avoid by being honest with them.

So that is a summary of the facts so far so could you help me in wording my defence if I put all this in my defence. sorry being thick again. and do i send it back sooner rather than later?? thank you once again for all your help maria