Brian Carter/Lowells/3 dongle Court Claim

[Jelllybaby]

Ok so after my partner received a court claim I've read these forums and want to fight this on his behalf. The 3 dongle was one of those that was free for x months then they start charging you. It was some years ago (but defiantly within the last 6 years).

Do you think we have a chance of the court dismissing this claim? No contract was ever signed, does this matter?



http://imageshack.com/a/img631/8360/L7cnW0.jpg

Hopefully you can see the court claim on one of the above links.

Any advice greatly appreciated. Going to acknowledge the claim and send the template letter from sticky thread to BC tomorrow.

[FlamingParrot]

Re: Brian Carter/Lowells/3 dongle Court Claim

Hi and welcome to LB

Rather generic particulars of claim: "provide finance and/or services and/or goods..."

Knowing the dynamic duo we are dealing with, it is possible they may not be able to get their hands on any paperwork to evidence their claim. ray:

Your first step would be to acknowledge the claim, which you can do online. :typing: See here for full instructions.

You'd then send a CPR request to Mr Carter ( see here ).

[Jelllybaby]

Re: Brian Carter/Lowells/3 dongle Court Claim

Thank you that's exactly what I was hoping for. So when I send the request should I mention the words "agreement" or "contract" and I don't believe there were either? I'm sure it was all based on the small print when taken out online.

If the court finds in their favour do the costs increase if I defend?

[FlamingParrot]

Re: Brian Carter/Lowells/3 dongle Court Claim

Thank you that's exactly what I was hoping for. So when I send the request should I mention the words "agreement" or "contract" and I don't believe there were either? I'm sure it was all based on the small print when taken out online.

You can only ask for the documents mentioned on the particulars of claim which in this case would be the agreement (as that's the word they use) and the notice of assignment. :thumb:

If the court finds in their favour do the costs increase if I defend?

No, this would be allocated to small claims where costs are not awarded against the losing party, however, if they were able to produce the documents, you could look at settling the claim to avoid a CCJ, it would be a shame to have one on record for such a small amount, which would be there for six years. :mmph:

[Jelllybaby]

Re: Brian Carter/Lowells/3 dongle Court Claim

Brilliant thank you. Yep will be avoiding that at any cost. Will update when I hear back from BC then!

[Jelllybaby]

Re: Brian Carter/Lowells/3 dongle Court Claim

Hey, so Mr Carter has stated this matter will "most properly" be allocated to small claims track, stating part 31 will not apply. So I sent the reminder letter and one again Mr Carter has replied refusing an extension or provide information.

Is time to draft the defence... I need help with this shall I start with a draft of similar case from another thread? And I have 14 days from acknowledging service right?

[nemesis45]

Re: Brian Carter/Lowells/3 dongle Court Claim

Hey, so Mr Carter has stated this matter will "most properly" be allocated to small claims track, stating part 31 will not apply. So I sent the reminder letter and one again Mr Carter has replied refusing an extension or provide information.

Is time to draft the defence... I need help with this shall I start with a draft of similar case from another thread? And I have 14 days from acknowledging service right?

Yes have a look at some other threads with similar "themes" make a draft and post it here and we'll go through it with you.

nem

[Jelllybaby]

Re: Brian Carter/Lowells/3 dongle Court Claim

Hey,

So I think I have to file the defence pretty soon, I received the claim on 6th October.

I think the following defence is closest to what I need:

DEFENCE
1. I received the claim XXXXXXXX from the Northampton County Court on 06/10/2015.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Mobile Telecoms Agreement regulated under the Consumer Credit Act 1974.
4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The particulars of claim fail to state when the agreement was entered into.
6. The Claimants statement of case states that the account was assigned from THREE MOBILE to LOWELL PORTFOLIO on 25/01/2013. The Defendant does not recall receiving notice of this assignment.
7. It is denied that THREE MOBILE served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
8. On the 15/10/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW LEGAL. I requested the Claimant provide copies of the Agreement, The Default Notice and The Notice of Assignment.
9. BW LEGAL has not sent any of these documents to me.
10. The Claimant has failed to comply with section 78 (1) Consumer Credit Act 1974 and by virtue of section 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
11. On 15/10/15 and 27/10/15 I sent a formal request asking the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), however, I received a reply from BW LEGAL on 02/11/15 stating that their client is unwilling to grant an extension.
12. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.


Any and all feedback welcome!

[Jelllybaby]

Re: Brian Carter/Lowells/3 dongle Court Claim

I will edit to include the following:

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

[nemesis45]

Re: Brian Carter/Lowells/3 dongle Court Claim

Hey,

So I think I have to file the defence pretty soon, I received the claim on 6th October.

I think the following defence is closest to what I need:

DEFENCE
1. I received the claim XXXXXXXX from the Northampton County Court on 06/10/2015.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim appears to be for a Mobile Telecoms Agreement regulated under the Consumer Credit Act 1974 Telecoms accounts are not CCA Regulated contracts ( leave this in only if the claimant has it in the POC)

4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from THREE MOBILE to LOWELL PORTFOLIO on 25/01/2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that THREE MOBILE served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. There is no DN for telecoms A Demand For Immediate Payment or Final Demand is used. **** If the POC states a DN was sent leave in.

8. On the 15/10/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW LEGAL.

8 (b)) I requested the Claimant provide copies of the Agreement, The Default Notice and The Notice of Assignment.

9. BW LEGAL has not sent any of these documents to me.

10. The Claimant has failed to comply with section 78 (1) Consumer Credit Act 1974 and by virtue of section 78 (6) Consumer Credit Act 1974 cannot enforce the agreement. Not Applicable to Telecoms contracts as not CCA Regulated. ( if mentioned in the POC leave in)

11. On 15/10/15 and 27/10/15 I sent a formal request asking the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), however, I received a reply from BW LEGAL on 02/11/15 stating that their client is unwilling to grant an extension.

12. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.


Any and all feedback welcome!

Ok a few points to look at and formatted for you.
Give me a nudge [MENTION=55034]nemesis45[/MENTION] if you need help.

nem

[Jelllybaby]

Re: Brian Carter/Lowells/3 dongle Court Claim

I thought that was so I took them out then after seeing some other defences with them in put them back in! Doh! Il edit out and post my defence. Thanks for your help I will post the outcome!

[nemesis45]

Re: Brian Carter/Lowells/3 dongle Court Claim

I thought that was so I took them out then after seeing some other defences with them in put them back in! Doh! Il edit out and post my defence. Thanks for your help I will post the outcome!

OK !!

[Jelllybaby]

Re: Brian Carter/Lowells/3 dongle Court Claim

It's taken this long lol but just received the letter of discontinuance! woohoo! So glad I tried now thanks for all your help!

[MIKE770]

Re: Brian Carter/Lowells/3 dongle Court Claim

well done