WON! Bryan Carter Lowell County Court Form. discontinued.

[Legal]

Re: Bryan Carter Lowell County Court Form

Ok, things are a bit clearer to me now about the dates. No, as stated i did not open this account. Would it be a good idea to SAR Shop direct then? Should i include the £10 in cash?

[FlamingParrot]

Re: Bryan Carter Lowell County Court Form

Ok, things are a bit clearer to me now about the dates. No, as stated i did not open this account. Would it be a good idea to SAR Shop direct then? Should i include the £10 in cash?

If you know you never had an account with ShopDirect, it would be a waste of time and money to send them a SAR. Also they would have 40 days to respond to a SAR. The £10 fee is sent as a cheque or PO, it's never wise to send cash through the post.

If you know this is a debt you never had, then you could just put a bare denial in your defence, as PT has written elsewhere:

Now just to qualify a point, if the claim is for money relating to for example a debt that you never had ie they got the wrong person, then you would put forward a simple bare denial as the debt isnt yours,

[Legal]

Re: Bryan Carter Lowell County Court Form

If you know you never had an account with ShopDirect, it would be a waste of time and money to send them a SAR. Also they would have 40 days to respond to a SAR. The £10 fee is sent as a cheque or PO, it's never wise to send cash through the post.

If you know this is a debt you never had, then you could just put a bare denial in your defence, as PT has written elsewhere:

Meaning i don't even need to be waiting for their cpr or prove it letter right? Can i use this defense format? obviously it will be edited according to my needs or just wait to see what they provide anyway.

"The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, includes penalties charges, which are unlawful at Common Law, under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

Accordingly, the inclusion of penalty charges in the purported Notice of Assignment, renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate. Consequently, the alleged assignment remains equitable and therefore conferred no legal right upon Claimants, to issue a Court claim in respect of monies allegedly owed.

It is therefore averred that the Defendant does not know the case that has to be met and the Particulars of Claim neither disclose any cause of action with any reasonable prospect of success and/or are an abuse of the process of this Court and, in compliance with the Civil Procedure Rules can and should be struck out pursuant to part 3.4 of the same. Furthermore, the Defendant contends that the Claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the Administration of Justice Act 1970.

Regarding that which is denied, on the XX XXXX XXXX, a request was made under section 78, running account credit, of the Consumer Credit Act 1974, to obtain a copy of a credit agreement that the alleged debt refers to. It was sent by recorded delivery to the Claimant, with the statutory £1.00 fee enclosed. It was received on the XX XXX XXXX. The Claimant had twelve working days from receipt of the request, in which to furnish a credit agreement, as stipulated in Regulation 2 of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983.

In response to the request, a letter dated the xx xxxx xxxx, with an accompanying document was received from the Claimants. It is denied that the document furnished is a copy of a credit agreement as averred by the Claimant. The Claimant has provided an application form which is not a credit agreement within the meaning of sections 60 and 61 of the Consumer Credit Act 1974. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, the Claimants are in default of said request under section 78(6)(a) of the Consumer Credit Act 1974.

The Defendant further avers in respect of that which is denied, that the document furnished is a breach of section 59(1) of the Consumer Credit Act 1974.

The Defendant denies that there has been any failure to make payment in accordance with the alleged contract. The Claimant has failed to produced a copy of a credit agreement in the requisite timescale or at all, and in the absence of such an agreement, which conforms to sections 60 and 61 of the Consumer Credit Act 1974, the Defendant avers that no agreement has ever existed for there to have been any failure to make said payment.

The Claimant, possessing no legal right claim monies allegedly owed, have acted unlawfully in issuing a Default Notice and registering said Notice with Credit Reference Agencies. Such conduct is a breach of the Data Protection Act 1998 and amounts to defamation. Furthermore, the Defendant avers, that the Default Notice is wholly unenforceable, given that the amount claimed regarding that which is denied, contains penalty charges, which are unlawful at Common Law, under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

The Claimants have not established any legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons."

[Legal]

Re: Bryan Carter Lowell County Court Form

Received a reply from BC - seems like his standard response but puzzled by a line in the letter. It states

"In any event the Notices of Default and Assignment left the control of the Claimant when they were despatched to you"

No idea what that means. He has stated that he will be requesting the documents and this will not be within 7 days, he hasn't requested for more time. Oh and he has generously recommended i seek independent legal advice, how generous of him.

[FlamingParrot]

Re: Bryan Carter Lowell County Court Form

Meaning i don't even need to be waiting for their cpr or prove it letter right? Can i use this defense format? obviously it will be edited according to my needs or just wait to see what they provide anyway.

I note you have copied the defence above from CAG, however, I'd say if you really never had an account with ShopDirect, most of that stuff would be irrelevant and would only confuse matters. You wouldn't have received a NoA for an account you never had, nor would you be referring to penalty charges, etc.

Received a reply from BC - seems like his standard response but puzzled by a line in the letter. It states

"In any event the Notices of Default and Assignment left the control of the Claimant when they were despatched to you"

No idea what that means.

It means they are arguing the creditor wouldn't have kept copies of them, which is a bit inaccurate in this case, because the claimant (Lowell) is a debt purchaser, therefore they wouldn't have issued you with a DN, however, the original creditor should have. You would normally also have received a letter from both the original creditor and the DCA stating the account had been sold. Again, only the letter sent by Lowell would have been 'under the claimant's control'.

has stated that he will be requesting the documents and this will not be within 7 days, he hasn't requested for more time. Oh and he has generously recommended i seek independent legal advice, how generous of him.

They wouldn't, would they? It's up to YOU to request an extension of the maximum 28 days allowed under the CPR. :thumb:

As things stand now, when is your defence due?

[Amethyst]

Re: Bryan Carter Lowell County Court Form

I'd just simplify it, a lot,.... I'm sure someone will word it better, but it can really be simple. The Judge doesn't want to read a pile of irrelevant waffle, basically so factual, short, compliant with CPR 16. As the account isn't yours I don't see the point mucking about with applications for an extension etc. You KNOW the debt is not yours so tell the court that.


Defence

The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all.

The Defendant has not entered into any agreement to receive finance and/or services and/or goods from Shop Direct, or any of it's subsidiaries, and as such has not received any finance and/or services and/or goods from Shop Direct and does know of any debt owed to Shop Direct.

The Defendant has sent the Claimant a request for documents mentioned in the statement of case under CPR 31.14, and has requested a copy of the alleged credit agreement as allowed for under the Consumer Credit Act but to date has received nothing.

The Defendant puts the Claimants to strict proof of their claim.



???

[Legal]

Re: Bryan Carter Lowell County Court Form

I note you have copied the defence above from CAG, however, I'd say if you really never had an account with ShopDirect, most of that stuff would be irrelevant and would only confuse matters. You wouldn't have received a NoA for an account you never had, nor would you be referring to penalty charges, etc.

It means they are arguing the creditor wouldn't have kept copies of them, which is a bit inaccurate in this case, because the claimant (Lowell) is a debt purchaser, therefore they wouldn't have issued you with a DN, however, the original creditor should have. You would normally also have received a letter from both the original creditor and the DCA stating the account had been sold. Again, only the letter sent by Lowell would have been 'under the claimant's control'.

They wouldn't, would they? It's up to YOU to request an extension of the maximum 28 days allowed under the CPR. :thumb:

As things stand now, when is your defence due?

Hi,

Because i have never dealt with something like this before, i'm kind of all over the place and not knowing what to do. I received another letter today in regards to my CCA request, they've said i should wait for a reply from Lowell and putting the claim on hold for 14 days. They still havent responded to my prove it letter.

Does sending a CPR 31.15 extend my timeline from 28 days to put in my defense?? I received the claim on 30/11, acknowledged the claim online on 2nd December which means i have until Dec 28th to enter my defense but i don't really want to wait that long to enter it because no matter what they provide me with or don't provide me with, i didn't open the account. I think i might use Amethyst Defense, looks good to me.

I haven't requested a CPR 31.15, should i bother to do so?

[Legal]

Re: Bryan Carter Lowell County Court Form

I'd just simplify it, a lot,.... I'm sure someone will word it better, but it can really be simple. The Judge doesn't want to read a pile of irrelevant waffle, basically so factual, short, compliant with CPR 16. As the account isn't yours I don't see the point mucking about with applications for an extension etc. You KNOW the debt is not yours so tell the court that.


Defence

The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all.

The Defendant has not entered into any agreement to receive finance and/or services and/or goods from Shop Direct, or any of it's subsidiaries, and as such has not received any finance and/or services and/or goods from Shop Direct and does know of any debt owed to Shop Direct.

The Defendant has sent the Claimant a request for documents mentioned in the statement of case under CPR 31.14, and has requested a copy of the alleged credit agreement as allowed for under the Consumer Credit Act but to date has received nothing.

The Defendant puts the Claimants to strict proof of their claim.



???

Thank you very much for this. I've edited it with the dates documents were requested

Defence

The Defendant denies that she is liable to the Claimant as alleged in the Particulars of Claim, or at all.

The Defendant has not entered into any agreement to receive finance and/or services and/or goods from Shop Direct, or any of it's subsidiaries, and as such has not received any finance and/or services and/or goods from Shop Direct and does not know of any debt owed to Shop Direct.

Regarding that which is denied, the Defendant has sent the Claimant a request for documents mentioned in the statement of case under CPR 31.14 on Monday, 02nd December 2013 which was received by the Claimant on Tuesday, 03rd December 2013. The Defendant has also requested a copy of the alleged credit agreement as allowed for under the Consumer Credit Act on Wednesay, 04th December 2013 which was received by the Claimant on Thursday, 05th December 2013 but to date has received nothing. The Defendant also sent a proof it letter on Monday 02nd December 2013 which was received by the Claimant on Tuesday, 03rd December 2013, the Claimant has failed to respond to this letter.

The Defendant puts the Claimants to strict proof of their claim.

[Legal]

Re: Bryan Carter Lowell County Court Form

I still haven't heard from Bryan nor have i heard from Lowell, their 14days to provide documentations already went by as of yesterday or does the 5 days postal rule apply to them too? I posted on the 4th to Lowell and although from Bryan's response on the 6th that it will take more than 7days to get me the required documents, it will be 2weeks tomorrow. Should i stop playing the waiting game and just enter my defense now?

[Legal]

Re: Bryan Carter Lowell County Court Form

I entered my defense online last night. Awaiting the next step

[Legal]

Re: Bryan Carter Lowell County Court Form

I received a reply from court yesterday stating they've received my defense and will notify the claimant. If they wish to proceed, they will need to notify them within 28days, otherwise the claim becomes stayed until the claimant tells to court they want to proceed.

[Legal]

Re: Bryan Carter Lowell County Court Form

Received a letter from Bryan this morning, attached to it was a letter response they have sent to the court informing them of their wish to proceed with the claim. My letter also states

"The claimant agrees in principal to mediation. We should also be grateful to hear from you in relation to without prejudice negotiations and you may contact us on ....."

What sort of rubbish is that? They fail to produce any documentation while still keeping my £1 and they want to talk about negotiating? Wish i could take off my shoe and slap him with it but i might get slapped with an assault charge lol.

I'm guessing i don't have to do anything but wait for further instructions from court.

[Legal]

Re: Bryan Carter Lowell County Court Form

I need help on how to proceed.

Received a letter from Bryan stating that his client is willing to stop court proceeding if i agree to a month installment or better still pay it all off within 28days. Of course, this will never happen on my part. But what do i do now? Do i just remain silent?

[Legal]

Re: Bryan Carter Lowell County Court Form

Where do i stand if this goes to court?

[Legal]

Re: Bryan Carter Lowell County Court Form

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I really wish i could have counter sued them because this is giving me mini stress episodes.....i'm not a person that gets stressed easily!

I need to know if i need to send them some sort of "f*** you letter", obviously not in those words. If i need to remind them that they have failed to comply with my crp.31 request and that their client has also failed to comply with my cca request.