Court and Bryan Carter help please

[Amethyst]

Re: Court and Bryan Carter help please

As to be expected I suppose.

So starting point for your defence is http://www.legalbeagles.info/forums/...t-Court-Claims - if you want to go through and use that as a basis for your defence and post it up here for someone to cast eyes over it that would be good xx

[Franko102]

Re: Court and Bryan Carter help please

Defence draft

1: The defendant received a claim reference:Xxxxxxxxxxfrom the Northampton County Court on 13th October 2015.

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

3: This claim is for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has previously entered into an agreement with the Claimant for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable the defendant to properly assess their 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/purchased from Shop Direct to Lowell Portfolio I Ltd. on 22/03/2010. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Shop Direct 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 16/10/2015 & 23/10/2015, the defendant sent a request via recorded Royal Mail post for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors LLP acting on behalf of the claimant,Lowell portfolio I ltd. The defendant requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Bryan Carter Solicitor LLP. has failed to send the defendant any of the requested documents despite two separate requests dated 16/10/15 and 23/10/15 via recorded post.

10. On the 16/10/2015 and 23/10/2015 The defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd. pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1)Consumer Credit Act 1974 and by virtue of
s 78 (6)Consumer Credit Act 1974 cannot enforce the agreement.

12: The defendant has asked the Claimant for agreement to extend the time period on two separate occasions to allow for filing a defence pending receipt of documents (as allowed under CPR 15.5), the claimant declined and informed the defendant via letters received dated 21/10/2015 & 27/10/14 from Bryan Carter Solicitors LLP acting on behalf of the claimant.

13. 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.

14. The defendant request the court orders the Claimants to provide the necessary documentation in order for the defendant to fully plead the case else the Claim should stand struck out.

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

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

17. The defendant contend any debt is statute barred pursuant of section 5 of the Limitations Act 1980.

Statement of Truth

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



Signed …………………………………………

Dated ...............................................

I believe this is also statute barred too as the original account start date was 3/11/2008 according to my credit report. Lowell update this default on my file 06/03/10.

Thanks again folks.

[Franko102]

Re: Court and Bryan Carter help please

Hi, Would someone be kind enough to cast their eyes over my defence please?
I'm not due to submit it until the 15/11/15, also Is it best to submit a few days before as to date no documents have been provided to me by BC or Lowell?
Many thanks.

[Amethyst]

Re: Court and Bryan Carter help please

Morning Franko, yes a couple days before the deadline is a good idea, but leave it till about the 10th, in case any docs turn up. All I'd do with the defence is switch around para 16 and 17 and add ' in that no contact has been made for a period exceeding six years.' on the end of the limitations sentence.

[nemesis45]

Re: Court and Bryan Carter help please

[QUOTE=Franko102;589165]Defence draft

1: The defendant received a claim reference:Xxxxxxxxxxfrom the Northampton County Court on 13th October 2015.

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

3: This claim is for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4: It is denied that the Defendant has previously entered into an agreement with the Claimant for provision of credit ***** The claimant has inherited all the rights and benefits of the original agreement by purchasing the debt.

4: The Claimants statement of case fails to give adequate information to enable the defendant to properly assess their 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/purchased from Shop Direct to Lowell Portfolio I Ltd. on 22/03/2010. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Shop Direct 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 16/10/2015 & 23/10/2015, the defendant sent a request via recorded Royal Mail post for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors LLP acting on behalf of the claimant,Lowell portfolio I ltd. The defendant requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Bryan Carter Solicitor LLP. has failed to send the defendant any of the requested documents despite two separate requests dated 16/10/15 and 23/10/15 via recorded post.

10. On the 16/10/2015 and 23/10/2015 The defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd. pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1)Consumer Credit Act 1974 and by virtue of
s 78 (6)Consumer Credit Act 1974 cannot enforce the agreement.

12: The defendant has asked the Claimant for agreement to extend the time period on two separate occasions to allow for filing a defence pending receipt of documents (as allowed under CPR 15.5), the claimant declined and informed the defendant via letters received dated 21/10/2015 & 27/10/14 from Bryan Carter Solicitors LLP acting on behalf of the claimant.

13. 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.

14. The defendant request the court orders the Claimants to provide the necessary documentation in order for the defendant to fully plead the case else the Claim should stand struck out.

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

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

17. The defendant contend any debt is statute barred pursuant of section 5 of the Limitations Act 1980.

Statement of Truth

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



Signed …………………………………………

Dated ...............................................

I believe this is also statute barred too as the original account start date was 3/11/2008 according to my credit report. Lowell update this default on my file 06/03/10.

Thanks again folks.[/QUOTE
The statute barred claim: The start date (inception) of the account is irrelevant in regard to the status of the debt.
The date of the last contractual payment + 1 month would be a reasonable prospect for the start of the 6 year period.
Lowell are lately claim the date the creditor says the account fell into default is the relevant date. You need to clarify this
before submitting the defence.

nem

[Franko102]

Re: Court and Bryan Carter help please

Thanks Nem, how would I find out the original default date as I can not find this on my credit file. I can only see the Lowell default I presume when they purchased the debt?

[Franko102]

Re: Court and Bryan Carter help please

More post received but this time from Lowell.
Lowell have sent me a letter following my CCA request with the postal order with this:
Important- please read.
You recently wrote to our old address please send any future correspondence to Lowell finance ltd. po box 1411 Northampton NN2 1BQ.

The question is do I now send another CCA to this address or do nothing at all. The particulars of claim on my paperwork from the court also is for Lowell portfolio I Ltd. and not Lowell financial ltd. their address is different too.
Any advice on this beagles?
Cheers 😀

[nemesis45]

Re: Court and Bryan Carter help please

Thanks Nem, how would I find out the original default date as I can not find this on my credit file. I can only see the Lowell default I presume when they purchased the debt?

The default date showing on CRA files under Lowell will be the default date registered by the original creditor when a debt is sold a new default date cannot be registered.

[MIKE770]

Re: Court and Bryan Carter help please

More post received but this time from Lowell.
Lowell have sent me a letter following my CCA request with the postal order with this:
Important- please read.
You recently wrote to our old address please send any future correspondence to Lowell finance ltd. po box 1411 Northampton NN2 1BQ.

The question is do I now send another CCA to this address or do nothing at all. The particulars of claim on my paperwork from the court also is for Lowell portfolio I Ltd. and not Lowell financial ltd. their address is different too.
Any advice on this beagles?
Cheers 

By telephone: 0333 556 5550* By email: Post@lowellgroup.co.uk By mail: Lowell Financial, PO Box 1411, NORTHAMPTON, NN2 1BQ *Calls from a landline will be charged at a local rate; mobile charges may vary. We aim to answer all emails within two working days and all correspondence within five working days. Seems to be their new Solicitors address in Northampton??

[Franko102]

Re: Court and Bryan Carter help please

Morning Franko, yes a couple days before the deadline is a good idea, but leave it till about the 10th, in case any docs turn up. All I'd do with the defence is switch around para 16 and 17 and add ' in that no contact has been made for a period exceeding six years.' on the end of the limitations sentence.

Thanks 👍

[Franko102]

Re: Court and Bryan Carter help please

Hi folks, a quick update for you on my current case. I submitted a defence on the 6th Nov and I've had a letter back from the court informing me that they will forward my defence to the claimant who have 28 days to decide what they would
Like to do. Meanwhile I have received a letter from Lowell saying that they have received my recent correspondence regarding MY former shop direct account now purchased by Lowell (previous letters say that I wrote to an old address and I should write to their new one) They say that they must advise that my case is currently being dealt with by one of their external partners fredrickson international and that I should contact them directly regarding my query asking for proof of credit agreement ect.
We would advise you, however that we have requested a copy of the credit agreement, statements from shop direct on my behalf. These documents will be forwarded to fredrickson upon receipt.
Their address is then enclosed. (Another Weybridge Surrey one lol)
They finish by saying; we hope the above meets your approval but if you have further queues please do not hesitate to contact us on the number above or via email where an advisor will be happy to help.

What's the best course of action now beagles please. Do I make contact with another shower of sh#*te or do I just ignore and wait for the next 28 days?

Oh finally the amount owed has now increased to £554.70 whereas before it was £434.
Thanks again for your help and comments beagles.

[nemesis45]

Re: Court and Bryan Carter help please

By telephone: 0333 556 5550* By email: Post@lowellgroup.co.uk By mail: Lowell Financial, PO Box 1411, NORTHAMPTON, NN2 1BQ *Calls from a landline will be charged at a local rate; mobile charges may vary. We aim to answer all emails within two working days and all correspondence within five working days. Seems to be their new Solicitors address in Northampton??

Yes Lowell Solicitors Ltd., supposedly taking on all litigation for the group.

nem

[nemesis45]

Re: Court and Bryan Carter help please

Freds is just another part of the Lowell Group now, managing and collecting for Lowell.
This is going nowhere until the agreement is produced, but if you need explanation of the
extra £120 write to Freds. (Don't Phone).

nem

[Franko102]

Re: Court and Bryan Carter help please

Thanks nem.
I'll certainly send a letter to the newest of my friends (Fred&#128512 how would the court view all of these companies being fired at the defendant in the lead up to a potential hearing? I feel this is getting silly with all these companies stating that u must make
Contact for further correspondance. I thought I read the claimant was Lowell portfolio I ltd. I have now gone to Bryan Carter solicitors to Lowell financial to Lowell group and now Frederick international. Where does the chain end. 😩 And are they allowed to keep adding charges when a debt is being disputed?

[nemesis45]

Re: Court and Bryan Carter help please

Thanks nem.
I'll certainly send a letter to the newest of my friends (Fred&#128512 how would the court view all of these companies being fired at the defendant in the lead up to a potential hearing? I feel this is getting silly with all these companies stating that u must make
Contact for further correspondance. I thought I read the claimant was Lowell portfolio I ltd. I have now gone to Bryan Carter solicitors to Lowell financial to Lowell group and now Frederick international. Where does the chain end.  And are they allowed to keep adding charges when a debt is being disputed?

If it was a company outside the Lowell Group chasing the same debt it would be frowned upon Franco as it is it's " all in the family ".

nem