Bryan Carter/Lowells court papers

[kernow999]

Re: Bryan Carter/Lowells court papers

I am now getting a bit jumpy about this as it appears i have to submit a defence to the court before the 12 day deadline for the DCA to respond to my CCA request.
If i defend on the assumption that they cannot provide the correct paperwork then they sent it after i have filed what would happen then ??

Issue date of court docs was 20th Nov
I AOS`d on 24th Nov - recieved on 25th Nov
Lowells had the CCA delivered on 5th Dec

I think i have to file by the 18th Dec

Any advise guys
do i try to approach DCA with a payment offer ??

[Gorang]

Re: Bryan Carter/Lowells court papers

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.

I think i have to file by the 18th Dec

33 days after the issue date, but if you are worried about the date to submit then just give the court a call to confirm the date

I still have NOT found that reply I have been looking for

Lowells had the CCA delivered on 5th Dec

Then their 12 days will be up on end of play 17th Dec

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,

After re-reading the thread I notice that you say Lowell defaulted the account

How do you know this??
Is this what is showing on your credit file??

Did shop direct ever send you a Default Notice???
Is there anything on your credit files by shop direct???

You say it was defaulted for £366 by Lowell but there is now a balance of £575
Again where did you get this info from, was it your credit file???

Did you ever receive a DN (Default Notice) from anyone??
Did you ever receive a NOA (Notice of assignment) from anyone??
I suspect that this is not Statute Barred but just to check when did you make your last payment to the account??

do i try to approach DCA with a payment offer ??

Do you actually owe the money??

Have recieved court papers from Northampton for a Shop direct debt which i intend to defend.

What do you intend to use as a defence??
What grounds do you think there is to base a defence on??

We will need these answers before we can advise you of which route to take

Because if we only have lack of DN and NOA to use as a defence then they are VERY light arguments, and will not be strong enough on their own to form a total defence

[kernow999]

Re: Bryan Carter/Lowells court papers

Hi Gordon
Thanks for the advise

Have rang the court and have until 23 rd to submit defence

The info given is all from my credit report, i dont remember a NOA being issued - we just got threatening letters from lowlifes but nothing to say they definately own this debt and they definately defaulted the account, which also shows on my credit report. Shop direct did not default me.

My defence will be based upon the fact that i have no proof that lowlifes actually own this debt and have failed to respond to my CCA request within the timeframe allowed.

Having never attempted this before i am wondering how best to word my defence so any advice/examples would be greatfully recieved.

Many thanks

[Gorang]

Re: Bryan Carter/Lowells court papers

Sorry but this

My defence will be based upon the fact that i have no proof that lowlifes actually own this debt

gets contradicted with this

The info given is all from my credit report, i dont remember a NOA being issued - we just got threatening letters from lowlifes but nothing to say they definately own this debt and they definately defaulted the account, which also shows on my credit report. Shop direct did not default me.

As it shows on your credit file that they have the debt now, and all they will do for any court hearing is print off a NOA

and have failed to respond to my CCA request

Lowells had the CCA delivered on 5th Dec

There is still time for a response from them as the 12 days are just up now



Can you answer for me

I suspect that this is not Statute Barred but just to check when did you make your last payment to the account??

Do you actually owe the money??

Also reminder me again please

when the account was opened???
and
HOW it was opened??
and
was the last payment you made to the account over 6 years ago???

[kernow999]

Re: Bryan Carter/Lowells court papers

Hi
The account was opened in July 2007, online. Its difficult to tell when the last payment was made but it has not been for at least 2 yrs and i think longer but definatly not a long as 6 yrs ago.
I can wait until the 23rd to defend to give the post time to deliver the CCA reply but thats it time is up then.
Do you think no CCA reply is a strong enough defence ?

many thanks

[FlamingParrot]

Re: Bryan Carter/Lowells court papers

Hi
The account was opened in July 2007, online. Its difficult to tell when the last payment was made but it has not been for at least 2 yrs and i think longer but definatly not a long as 6 yrs ago.
I can wait until the 23rd to defend to give the post time to deliver the CCA reply but thats it time is up then.
Do you think no CCA reply is a strong enough defence ?

many thanks

The problem I see here is that the account is post April 2007 and, if opened online, you'd have agreed to the terms by ticking a box, which, from Jan 2005 onwards, it's the equivalent of a signature.

There would have been no requirement for them to send a printed agreement for you to sign so there probably wasn't one, but there would have been an internet agreement that you'd have agreed to. They could produce evidence of that in court.

Have you got any other grounds to dispute this account such as the amounts, charges, etc.?