Bryan Carter please please help

[alshaz1982]

Re: Bryan Carter please please help

still not had a reply from them :/

[alshaz1982]

Re: Bryan Carter please please help

ok had reply this afternoon.... this is what i had sent...

Dear Sirs,

Claim No:....

LOWELL PORTFOLIO I LTD v Me

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.


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

Yours sincerely

[alshaz1982]

Re: Bryan Carter please please help

and this was what i had back from them....

we write further to your letter of 24 October

we reconfirm 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.

our client is not agreeable for an extension for you to file a defence.
we recommend you seek independent legal advice

your sincerely...


OK SO ANY HELP AT ALL NOW PLEASE??? i dont get what this means or what to do please?

thanks so much folks really appreciate it...

[MIKE770]

Re: Bryan Carter please please help

usual nonsense template reply from Farter

[nemesis45]

Re: Bryan Carter please please help

and this was what i had back from them....

we write further to your letter of 24 October

we reconfirm 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.

our client is not agreeable for an extension for you to file a defence.
we recommend you seek independent legal advice

your sincerely...


OK SO ANY HELP AT ALL NOW PLEASE??? i dont get what this means or what to do please?

thanks so much folks really appreciate it...

CPR31.14 Applies until the claim is allocated to the SCT, see template in forum library and send
that.

nem

[alshaz1982]

Re: Bryan Carter please please help

just looking. i cant see where im supposed to be to find template??
also do i have to write anything online yet for my defence or anything??? times running out on me :/

[Kati]

Re: Bryan Carter please please help

just looking. i cant see where im supposed to be to find template??
also do i have to write anything online yet for my defence or anything??? times running out on me :/

You've already sent the reply (and BC has just re-sent his first letter with an adaptation from post #11) ... I wouldn't bother replying again


Your defence is due on the 8th November (http://www.timeanddate.com/date/date...aw=&ad=33&rec=) so have a play around with this and see what you can get from it

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.

[alshaz1982]

Re: Bryan Carter please please help

ok so once ive done my defence what happens??? do they not HAVE to provide me the documents at all then?? really worried cos i basically admitted on the phone to them a few weeks ago that i owed it and theyll use the recording against me ??

[Kati]

Re: Bryan Carter please please help

Once you've got your draft defence sorted, post it up on here for the others to look at

Don't worry about the phone call atm ... they can't use it against you like that (admission would have to be in writing :nod xx

[Amethyst]

Re: Bryan Carter please please help

£120 a month is excessive for a £715 bill and BC know that.

Once you have your defence in you will, eventually after a couple more short forms, be offered mediation and you can use that to negotiate with BC if you want to - for a sensible monthly amount that you can afford ( £20 ?) At that point after the defence is in you are in a better position as BC have to find the paperwork to back up their claim. If they do find the paperwork then you can either negotiate with BC directly to pay by installments at an affordable amount,, under what's called a tomlin order ( basically the agreement is put in writing and lodged with the court and the case put on hold for if you fail to keep up the payments ) or you can just let it go through the court system and ask the court to order installments of an affordable amount ( you'd submit your income and expenditure to them so they wouldn't order more than affordable ) and have the CCJ.

Of course if BC don't have any paperwork they can discontinue the claim and it all goes away.

Basically, the defence isn't all or nothing, it is a step in the process of getting an outcome you are happy with.

[alshaz1982]

Re: Bryan Carter please please help

i remember i joined orange online so theres deffo not going to be any paperwork for sure...

- - - Updated - - -

nothing ive signed anyway

[alshaz1982]

Re: Bryan Carter please please help

OK, so do I post this as my online defence??? it look ok? anything else I need to add please???

1.I received the claim ............. from the Northampton County Court
on 06/10/2015.
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 18/10/2015 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.

[nemesis45]

Re: Bryan Carter please please help

Good morning,
Is there no other defence apart from the non compliance with CPR 31.14?
nem

[alshaz1982]

Re: Bryan Carter please please help

I don't really know what to put? without 'admitting' it????????

[nemesis45]

Re: Bryan Carter please please help

I don't really know what to put? without 'admitting' it????????

Was there any dispute on the account, e.g. Orange failing to cancel the service when requested to do so.

nem