lowell/bryan carter court claim

[Helprequired1]

Hi all .. i wondered if anyone could help me urgently.. I've received a court claim for from bryan carter claiming I owe lowell 151.99. I acknowledged the claim and contested jurisdiction on the grounds that they haven't provided me with any proof that I owe the balance.. The court wrote back to me stating that a copy of my defence is being served on the claimant. The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally he claimant will inform the court hat he wishes to proceed. The court will then inform you of what will happen..... what do I need to do next? I'm not used to all this legal stuff.

[nemesis45]

Re: lowell/bryan carter court claim

Hi Welcome to LB
Jurisdiction has nothing to do with the actual claim, this is the geographical
areas of the court system i.e. England & Wales, Scotland and Northern Ireland.
Please answer the following points so more complete advice can be given.
1. What are the particulars of the claim (POC)

2. What is the debt arising from Credit Card/Catalogue/Loan etc.?

3. When did you receive the claim.

4. Are you saying that when you acknowledge service of the claim you at the same time stated that your defence was that you had no proof of the balance.

I'm afraid you may have jumped the gun more than a little here, the process is that one would formally ask for evidence that the claimant had the right to issue the claim.

One of the first actions should to request sight of the documents mentioned in the POC e.g. an agreement, a default notice, a notice of assignment this is done under the provisions of Civil Procedure Rule 31.14 and is sent to the claimants solicitor.

If this debt arises from an agreement Regulated under the Consumer Credit Act 1974 (as amended) the next action should be to request a copy of the agreement mentioned in the POC. This goes direct to the claimant together with the £1 statutory fee , the claimant has 12 + 2 Working Days to supply the agreement.

When did you actually send the AOS and the defence, please can you tell me exactly what the defence was.

nem

[Helprequired1]

Re: lowell/bryan carter court claim

Thanks for your reply.. It was for an orange mobile phone contract. It states that I opened the account on the 7/5/2008 and was an 18 month contract however lowell are claiming I defaulted on this on the 10th Jan 2012 that's well over the contract date .. This is also stated on my credit file I have written to lowell asking for proof of evidence.. i acknowledged the claim and put in defence on the 14th July.. Bryan carter have written back saying we are seeking our clients further instructions regarding you request for evidence however it s our understanding that it is the original creditor to provide it's customers with agreements at the point of contract ect ect.. However this was years ago I have no paperwork from that long ago.. so I need to send a cpr to Bryan carter?

[FlamingParrot]

Re: lowell/bryan carter court claim

Hi all .. i wondered if anyone could help me urgently.. I've received a court claim for from bryan carter claiming I owe lowell 151.99. I acknowledged the claim and contested jurisdiction on the grounds that they haven't provided me with any proof that I owe the balance.. The court wrote back to me stating that a copy of my defence is being served on the claimant. The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally he claimant will inform the court hat he wishes to proceed. The court will then inform you of what will happen..... what do I need to do next? I'm not used to all this legal stuff.

If you live in England and Wales there is no reason to contest jurisdiction, that refers to the geographical area and scope of the various courts, for example, a magistrates court wouldn't have jurisdiction over consumer credit matters or the county court over criminal matters. However, it looks like the court has ignored that argument and accepted your defence.

Could you post up what they said on the particulars of claim, either scan and remove personal details or just type up the particulars on the form. :typing:

Do you recognise this debt? The relatively small amount would suggest it could be a mobile phone contract. Or maybe a home shopping/catalogue account.

[nemesis45]

Re: lowell/bryan carter court claim

Thanks for your reply.. It was for an orange mobile phone contract. It states that I opened the account on the 7/5/2008 and was an 18 month contract however lowell are claiming I defaulted on this on the 10th Jan 2012 that's well over the contract date .. This is also stated on my credit file I have written to lowell asking for proof of evidence.. i acknowledged the claim and put in defence on the 14th July.. Bryan carter have written back saying we are seeking our clients further instructions regarding you request for evidence however it s our understanding that it is the original creditor to provide it's customers with agreements at the point of contract ect ect.. However this was years ago I have no paperwork from that long ago.. so I need to send a cpr to Bryan carter?

Well something is wrong on that default date it seems, well out of the contact period, did you formally cancel the contract at the end i.e. in writing and get a final account from Orange?

nem

[Helprequired1]

Re: lowell/bryan carter court claim

Poc... This claim is for 151.99 the amount due under an agreement between the original creditor and the defendant to provide goods. This debt was assigned to/purchased by lowell portfolio.. and the claimant claims 151.99 the claimant also claims statutory Interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum.. It was an old orange account but I never had it up to and defaulted on it in Jan 2012 as bryan carter has stated and also shows on my credit file.. i don't understand the amount of 151.99 for over 11 months of £35 per month.. It doesn't make sense

[Helprequired1]

Re: lowell/bryan carter court claim

Hi nemesis yes this is what I don't understand.. i cancelled the contract when I upgraded to a new phone they sent me out a pay as you go sim card and for the phone I'd cancelled.. turns out I was supposed to set up the payg sim which no one informed me they sent me a bill and I called them and asked them again to cancel the contract which they did. But I moved from the address do I wouldn't of had any bills or notice of assignments ect I just don't understand how they've got that figure for 11 months over the cancel date

[nemesis45]

Re: lowell/bryan carter court claim

Poc... This claim is for 151.99 the amount due under an agreement between the original creditor and the defendant to provide goods. This debt was assigned to/purchased by lowell portfolio.. and the claimant claims 151.99 the claimant also claims statutory Interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum.. It was an old orange account but I never had it up to and defaulted on it in Jan 2012 as bryan carter has stated and also shows on my credit file.. i don't understand the amount of 151.99 for over 11 months of £35 per month.. It doesn't make sense

When did you cease payments completely?
An " agreement" to supply goods?? Would this be a purchase of a phone, or other equipment or just a straight
forward agreement for phone service including provision of a phone?

nem

[Helprequired1]

Re: lowell/bryan carter court claim

It was just a straight forward phone and service agreement.. should I send an SAR to orange? I'm unsure what my next steps would be

[nemesis45]

Re: lowell/bryan carter court claim

It was just a straight forward phone and service agreement.. should I send an SAR to orange? I'm unsure what my next steps would be

Yes certainly SAR to Orange or whatever name they now go under.

When did payments cease completely.

nem

[Helprequired1]

Re: lowell/bryan carter court claim

Sorry.. i ceased payments the contract should haveended which would have been Nov 09 I'm unsure of the exact date I payed though this is what I need to find out but I've not received any conformation from lowell/bryan carter and I've alley orange and they say that account is closed/written off as it's been purchased by lowell

[Helprequired1]

Re: lowell/bryan carter court claim

Sorry predictive text.. i ceased payment when the contract ended.. and I've called orange.. i shall send an SAR to orange then ASAP

[Helprequired1]

Re: lowell/bryan carter court claim

Would I also need to send any specific requests to lowell or bryan carter?

[Helprequired1]

Re: lowell/bryan carter court claim

Hi all I have sent a cpr request and bc seem to be refusing to send me any proof.. does the cpr request still apply if I've already entered my defence?

[FlamingParrot]

Re: lowell/bryan carter court claim

Hi all I have sent a cpr request and bc seem to be refusing to send me any proof.. does the cpr request still apply if I've already entered my defence?

Not if the claim is allocated to small claims because Part 31 of the CPR does not apply to small claims, however, they will still be instructed by the court to supply you with the paperwork at least 14 days before the hearing date if it gets that far.