Bryan Carter/Lowells court papers

[kernow999]

Hi All
Great website - nice to know there are some good guys out there !!

Can anyone please help !!

Have recieved court papers from Northampton for a Shop direct debt which i intend to defend.
Having never attempted this sort of thing before i have been doing my homework and have prepared a CCA request to send to Lowells and a CPD31.14 for Bryan carter, Can anyone advise what a CPD letter is and if it is worth doing ??
I have Replied to the court (AOS) with my intention to contest this matter.

Is there anything else that i could/should be doing ??

Any advise would be very welcome

[pt2537]

Re: Bryan Carter/Lowells court papers

Hi there and welcome to the site.

Can i ask, how old is the account? how did you open it? were your orders placed via the telephone? online? or in writing?

This is quite important, so if you could clarify then we can point you in the right direction

[kernow999]

Re: Bryan Carter/Lowells court papers

Hi , sorry didnt expect such a speedy reply, Account was opened on 30/06/07 by ordering something online.
The account was defaulted by Lowells on 07/06/10 for £366 and shows a current balance on Experian of £575, although BC are claiming £ 859.11
In the meantime I have attached a letter from Bryan Carter recieved today in response for a CRP 31 request.

Im unsure what to do next as this letter seems to imply that they dont need to send me copies of any original agreements if there were any, also how do i determine if they have a legal right to this debt.

i have CCA d Lowells but not recieved a reply yet.

Thanks

[Gorang]

Re: Bryan Carter/Lowells court papers

Do you still have the summons??
Can you post up the exact wording in the POC box??

[kernow999]

Re: Bryan Carter/Lowells court papers

Do you still have the summons??
Can you post up the exact wording in the POC box??

Hi
The POC box says

" THIS CLAIM IS FOR 575.86 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND / OR GOODS.

THIS DEBT WAS ASSIGNED TO /PURCHASED BY LOWELL PORTFOLIO 1 LTD ON 14/06/2010 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

PARTICULARS
Re; SHOP DIRECT - VERY - LITTLEWOODS/ADDITIONS
ACT No ...................

AND THE CLAIMANT CLAIMS 575.86

THE CLAIMANT ALSO CLAIMS INTEREST PURSUANT TO S69 COUNTY COURT ACT 1984 FROM 14/06/2010 TO DATE AT 8% PER ANNUM AMOUNTING TO 158.25"

[kernow999]

Re: Bryan Carter/Lowells court papers

Havent recieved a reply to my CCA from Lowells yet is there any more i can do at the moment guys ??

[jumper999]

Re: Bryan Carter/Lowells court papers

Could send them this....and see what others have to say too.

Ref:

Dear Sir/Madam

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such you entered into default on **DATE**.

The document that you are obliged to send me is a true copy of the executed agreement. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into default of said request.

This time limit has expired.

As you are no doubt aware sections 77/78 state:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter.

I look forward to hearing from you in writing.

Yours faithfully

[kernow999]

Re: Bryan Carter/Lowells court papers

Sounds good to me Jumper999 as soon as the 12 days are up i will fire this at them and see what happens
Thanks for the help

[FlamingParrot]

Re: Bryan Carter/Lowells court papers

Sounds good to me Jumper999 as soon as the 12 days are up i will fire this at them and see what happens
Thanks for the help

That is an account in dispute letter normally sent when you get a DCA chasing you for a disputed account on the grounds that they haven't replied to a CCA request, however, from what I see here, court papers have been issued, so the main point here is to avoid default judgment. :incourt:

I don't think that letter would achieve that purpose. I've not read the whole thread, can you confirm the following:

• When is your defence due?
• Did you actually have this account? Looks like the Dynamic Duo Lowell/BC are issuing lots of claims for catalogue debts people had no knowledge of.

[kernow999]

Re: Bryan Carter/Lowells court papers

Defence is due in the next few days and i am wondering if lowells will not reply until after this date on purpose
We did have an account with the original OC but how do we know if lowells acually own this debt ?

[Gorang]

Re: Bryan Carter/Lowells court papers

Defence is due in the next few days and i am wondering if lowells will not reply until after this date on purpose

If your defence is due to be submitted in the next few days, and they still have not complied with your request, then you can phone and ask them to consent to a 28 day extension, due to they have not complied with your request yet, if they agree to a 28 day extension, then ask them to email you with conformation that they agree to the 28 day extension, also ask when they expect the documents

Also can you post up the email here so it can be checked please, as there has been a few cases lately that they have sent a conformation email, but it has NOT been a clear agreement to the 28 day extension.

If they do not agree to a 28 day extension then please post here again and we can advise another course of action, but do NOT let your date lapse for your defence to be submitted

What date is your defence due in????
and just so we can confirm that you have the date correct, can you tell us what you base that date on please (better being safe than sorry)

You said above that you sent a CPR request
What date did BC receive it??
Have they gave you any sort of reply to the request yet??

also you sent a CCA to Lowell
What date did Lowell receive it??
Have they replied with anything yet??

[kernow999]

Re: Bryan Carter/Lowells court papers

Hi Gorang
No news from Lowells today, The response from BC is posted in this thread (post No3)
The Court papers are dated 20th Nov and I AOS d the court on the 24th Nov so i think i have until the 24th Dec.
The CCA request to Lowells and CPR request to BC was sent on 29th Nov but i dont know when they recieved it.

Appreciate the help - ps is it a coincident that BC is also short for BLOODY CRIMINALS !!!

[Gorang]

Re: Bryan Carter/Lowells court papers

No news from Lowells today, The response from BC is posted in this thread (post No3)

Sorry I forgot about the letter in the attachment

Yeah they say they won't comply with the CPR 31.14 request due to it WILL be allocated to small track therefore CPR 31.14 doesn't apply, there is a letter to that response in a thread somewhere, as I remember seeing it somewhere, saying that as the claim has not been allocated then it does apply for now

I will go hunting for that letter to send

The CCA request to Lowells and CPR request to BC was sent on 29th Nov but i dont know when they recieved it.

Did you not send the requests via recorded or special delivery so you could get a conformation of delivery from Royal Mails track and trace and be able to print off the sigs that signed for them??

[Roy Clayton]

Re: Bryan Carter/Lowells court papers

Tried the same tactics with me and claimed either part 18 or 27 of CPR applied. Its clear what you want so I would just let the Judge know they are being obstructive. Read my threads for a full Lowell game plan its all standard.

[Gorang]

Re: Bryan Carter/Lowells court papers

I will go hunting for that letter to send

I am still hunting for that thread with a response letter in it

Its now bugging me as I seen it 5 to 7 days ago but can I find it again..........