Bryan Carter please please help

[alshaz1982]

basically ive had a county court claim letter last week about a debt i had with Orange a couple of years back.... i had taken a phone out for my daughter.. i tried to sign up for online services but it just told me constantly there was an error so i rang orange to be told theyd get their tech guys to look into it... couple of weeks went by and i still couldnt sign up for online bills etc... so of course i was being charged for paper bills!!! i rang them several times over a few weeks to be told theyd look into it but never heard back from them so tbh i just stopped paying the bill because why should i pay when i cant actually use the full service of being able to check my usage etc online???
anyway now a few years later and Lowell have sent my debt of £715 to Bryan carter who have sent me a CCJ form.... i STUPIDLY rang them today to try and sort a payment arrangement because i was scared what would mean to have ccj etc....
what do i do now? on phone they said £120 a month but i just cant afford that at all... i realise ive basically admitted the debt by ringing them....
what do i do???? really panicking now. i feel so lost. dreading baliffs or something turning up.

[FlamingParrot]

Re: Bryan Carter please please help

basically ive had a county court claim letter last week about a debt i had with Orange a couple of years back.... i had taken a phone out for my daughter.. i tried to sign up for online services but it just told me constantly there was an error so i rang orange to be told theyd get their tech guys to look into it... couple of weeks went by and i still couldnt sign up for online bills etc... so of course i was being charged for paper bills!!! i rang them several times over a few weeks to be told theyd look into it but never heard back from them so tbh i just stopped paying the bill because why should i pay when i cant actually use the full service of being able to check my usage etc online???
anyway now a few years later and Lowell have sent my debt of £715 to Bryan carter who have sent me a CCJ form....

Hi and welcome

Lowell have bought a lot of mobile contracts, none of them with any paperwork. We've had a few cases here where they've ended up discontinuing the claims because they are not able to come up with the evidence to start with.

You need to start by acknowledging service of the claim and saying you intend to defend it in full, see here for full details: http://www.legalbeagles.info/forums/...313#post499313 You must do that within 14 days, otherwise they can request default judgment :scared: which is what they are always aiming for. :Cry:

You then need to send a CPR request to Mr Carter ( see here ). Note that you can only request documents mentioned on the particulars of claim, which would probably be just the contract and notice of assignment, although a few may also mention a default notice.

It would help if you could type up the particulars of the claim. :typing:

[FlamingParrot]

Re: Bryan Carter please please help

i STUPIDLY rang them today to try and sort a payment arrangement because i was scared what would mean to have ccj etc....
what do i do now? on phone they said £120 a month but i just cant afford that at all... i realise ive basically admitted the debt by ringing them....

Telephone conversations are not legally binding, which is why it's advisable to keep it all in writing. Just because you rang them, it doesn't stop you from defending the claim through the court system. If somewhere down the line Mr Carter manages to get hold of the documents he'd need to appear in court and win, you could always agree a repayment offer at that stage. Once your defence is submitted, there is an option for mediation where a settlement can be agreed.

Lowell and Carter will be relying on Orange to supply them with the paperwork and Orange will be in no rush to dig it up, having sold the debt years ago.

With regards to admitting the debt, if it was just a couple of years ago that this all took place, it wouldn't be statute barred anyway, and the limitation clock would have stopped at the time the claim was issued. :ohwell:

what do i do???? really panicking now. i feel so lost. dreading baliffs or something turning up.

Relax and don't panic! :ranger:

Bailiffs can only be sent once they have obtained judgment, and even then it's not automatic, they'd still have to go back to the court to apply for a warrant and you would be given at least 7 clear days' notice. Since were are just at the claim stage, this is still a very long way away.

[alshaz1982]

Re: Bryan Carter please please help

i did the ackn of service yesterday and put defend in full but then there was a box to type in defence was unsure what to put....
right this is the exact wording in claim form..
the claim is for 541.64 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods
the debt was assigned to/purchased by lowell on 22/09/2014 and notice served pursuant to the law of property act 1925

PARTICULARS
RE-Orange
A/c No .............

and the claimant claims 541.64
the claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per Annum from the date of the assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 43.33

p.s the issue date on form is 6th october so i think ive gotta hurry up?????

[nemesis45]

Re: Bryan Carter please please help

i did the ackn of service yesterday and put defend in full but then there was a box to type in defence was unsure what to put....
right this is the exact wording in claim form..
the claim is for 541.64 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods
the debt was assigned to/purchased by lowell on 22/09/2014 and notice served pursuant to the law of property act 1925

PARTICULARS
RE-Orange
A/c No .............

and the claimant claims 541.64
the claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per Annum from the date of the assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 43.33

p.s the issue date on form is 6th october so i think ive gotta hurry up?????

You don't need to file a defence no, just the acknowledgment and intention to defend.

nem

[Kati]

Re: Bryan Carter please please help

i did the ackn of service yesterday and put defend in full but then there was a box to type in defence was unsure what to put....

no need to file a defence yet ... just tick "defend in full"

right this is the exact wording in claim form..
the claim is for 541.64 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods
the debt was assigned to/purchased by lowell on 22/09/2014 and notice served pursuant to the law of property act 1925

PARTICULARS
RE-Orange
A/c No .............

and the claimant claims 541.64
the claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per Annum from the date of the assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 43.33

so ... in your CPR request you can ask for the agreement and the notice of assignment.

p.s the issue date on form is 6th october so i think ive gotta hurry up?????

you get 33 days from date of issue (28 + 5 for service) which takes you to 8th November for your defence deadline - http://www.timeanddate.com/date/date...aw=&ad=33&rec= - don't worry ... you'll get lots of help here xx

- - - Updated - - -

beat me to it @nemesis45 xx

[nemesis45]

Re: Bryan Carter please please help

no need to file a defence yet ... just tick "defend in full"
so ... in your CPR request you can ask for the agreement and the notice of assignment.
you get 33 days from date of issue (28 + 5 for service) which takes you to !0th November for your defence deadline - http://www.timeanddate.com/date/date...aw=&ad=33&rec= - don't worry ... you'll get lots of help here xx

- - - Updated - - -

beat me to it @nemesis45 xx

Hi Kati,
There's been a couple of instances of unsuitable defences being done on the spur of
the moment causing great difficulty when one starts digging into the facts.

nemxx

[FlamingParrot]

Re: Bryan Carter please please help

i did the ackn of service yesterday and put defend in full but then there was a box to type in defence was unsure what to put....

I hope you didn't put anything in as a defence just yet. ray:

right this is the exact wording in claim form..
the claim is for 541.64 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods
the debt was assigned to/purchased by lowell on 22/09/2014 and notice served pursuant to the law of property act 1925

PARTICULARS
RE-Orange
A/c No .............

and the claimant claims 541.64
the claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per Annum from the date of the assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 43.33

OK, so in your CPR request you can request a copy of the agreement and the notice of assignment as those are the only documents mentioned as I'd expected. :thumb:

p.s the issue date on form is 6th october so i think ive gotta hurry up?????

Why would you have to hurry up? You had 14 days to acknowledge and you've already done that. That gives you a further 14 days to submit your defence, i.e. a total of 28 days plus 5 days allowed for service, making 33 days from the 6th of October. That means your defence is due on the 8th of November: http://www.timeanddate.com/date/date...aw=&ad=33&rec= :ranger:

[alshaz1982]

Re: Bryan Carter please please help

Request for documents mentioned in a statement of case under CPR 31.14

On 09/10/2015 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 13/10/2015.
1. Agreement / Contract
3. Assignment
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. Therefore enclosing £1

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

- - - Updated - - -

^^^^^ thats what ive printed off (with claim number and date and my address above it). hope thats right :/

[FlamingParrot]

Re: Bryan Carter please please help

Request for documents mentioned in a statement of case under CPR 31.14

On 09/10/2015 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 13/10/2015.
1. Agreement / Contract
3. Assignment

Just nit-picking a little here, :sorry: but this could be referred to as "Notice of Assignment" and it should be item 2. :thumb:

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. Therefore enclosing £1

You don't need to enclose a £1 fee with the CPR request, that only goes with the CCA request which you are not sending because it's a mobile contract, so that sentence should be removed.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely


^^^^^ thats what ive printed off (with claim number and date and my address above it). hope thats right :/

Other than the bits above, it is. :thumb:

[alshaz1982]

Re: Bryan Carter please please help

ok so have just received this...
We write further to your recent letter requesting disclosure pursuant to part 31.14 of the civil procedure rules.
this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.

it is the police of orange (the original creditor) to issue terms and conditions at the start of your contract and statements throughout the duration of the agreement and, in this regard we ask you to refer to your own record.
we confirm our client is not agreeable to an extension for filing your Defence.
we recommend you seek independent legal advice..

WHAT DO I DO NOW PLEASE??
:/

[FlamingParrot]

Re: Bryan Carter please please help

ok so have just received this...
We write further to your recent letter requesting disclosure pursuant to part 31.14 of the civil procedure rules.
this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.

it is the police of orange (the original creditor) to issue terms and conditions at the start of your contract and statements throughout the duration of the agreement and, in this regard we ask you to refer to your own record.
we confirm our client is not agreeable to an extension for filing your Defence.
we recommend you seek independent legal advice..

WHAT DO I DO NOW PLEASE??
:/

That's just Mr Carter's standard template response, and this is our standard template response: http://www.legalbeagles.info/forums/...385#post410385 :thumb:

it is the police of orange (the original creditor) to issue terms and conditions at the start of your contract and statements throughout the duration of the agreement and, in this regard we ask you to refer to your own record.
we confirm our client is not agreeable to an extension for filing your Defence.
we recommend you seek independent legal advice..

This is also part of his template where he just inserts the name of the creditor, whoever that may be. Mr Carter has absolutely no way of knowing what the policy of Orange, or anyone else, would have been, how could he possibly know? Just waffle! :blah: :blah: :blah:

Bear in mind you still need to file your defence even if you don't receive any documents, in which case you'd just file a generic defence stating that fact. Keep an eye on the calendar. :clock:

[alshaz1982]

Re: Bryan Carter please please help

ok really sorry. i dont understand what i need to send them back and what do i write as my defence on the system thingy please??? (sorry for being a bit thick)

[FlamingParrot]

Re: Bryan Carter please please help

ok really sorry. i dont understand what i need to send them back

The letter below:

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim No: xxxxxxx

LOWELL v ALSHAZ

Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I am unable to lodge my defence at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Your Name

and what do i write as my defence on the system thingy please??? (sorry for being a bit thick)

You don't need to file that yet, from what I can see above (thanks to [MENTION=49370]Kati[/MENTION]), it's not due till the 10th of November (if the date printed on the claim was the 8th of October): http://www.timeanddate.com/date/date...aw=&ad=33&rec=

[FlamingParrot]

Re: Bryan Carter please please help

ok really sorry. i dont understand what i need to send them back and what do i write as my defence on the system thingy please??? (sorry for being a bit thick)

Although not due for another couple of weeks, the following should be a starting point. You may want to take a look and post up your draft before submitting it (when the time comes). :typing:

1. I received the claim ###### from the Northampton County Court on xx/xxxx/2015.
2. Each and every allegation in the Claimants statement of case is denied.
3. This claim appears to be for a telecommunications contract with Orange.
4. The Claimant's 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 alleged contract was entered into.
6. The Claimant's statement of case states that the alleged account was assigned from Orange to Lowell Portfolio I Ltd on the 22nd of September 2014. The Defendant does not recall receiving any notice of assignment.
7. On xx/xxxx/2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provide copies of the Agreement.
8. Bryan Carter Solicitors has not sent any of these documents to me.
9. 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.
10. 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.
11. It is denied that the Claimant is entitled to the relief as claimed or at all.