Morning all,

Looking for some advice. Earlier this week, I had a Claim Form through from Lowell/Bryan Carter

Name of the Claimant: Lowell Portfolio I Ltd

Date of issue: 24/09/2015

Date of def ---- 4pm mon 26th

Particulars of Claim

1.HIS CLAIM IS FOR 1375.89, THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND / OR SERVICES AND / OR GOODS.

2.THIS DEBT WAS ASSIGNED TO / PURCHASED BY Lowell Portfolio I Ltd, ON 20/12/2012 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

PARTICULARS RE- JD Williams A/C No 

 AND THE CLAIMANT CLAIMS 1375.89

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 ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YER AND A MAXIMUM OF 1000 AMOUNTING TO 110.08

Value of claim 1485.97 + 70.00 Court Fee + 80.00 Legal representative's costs = 1635.97

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? catalogue?

When did you enter into the original agreement before or after 2007? opening 2010

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned, debt purchaser issued

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my knowledge

Did you receive a Default Notice from the original creditor? not to my knowledge

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Not aware of debt

Was there a dispute with the original creditor that remains unresolved? Not aware of debt

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? not aware of debt

.........

I have sent a CCA request and a CPR 31.14 request to both Lowell/Carter (both sent to each, but addressed to Lowell, with Bryan Carter CCd, fee in the CCA envelope as postal order to Lowell) on 30th.

I acknowledged on MCOL (but claimed I was contesting jurisdiction, as I thought I had to do that to get it transferred to local court)

Received a response today from Bryan Carter

We write further to your recent letter of 30 September 2015, requesting disclosure pursuant to Part 31.14 of the Civil Procedure Rules.

We confirm 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 original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm our client is not agreeable to an extension for filing your Defence.

As you will be aware a Claim was issued in this matter on or around 30 September 2015 and we are in receipt of your Acknowledgement of Service. We note your intention to file a defence.

We recommend you seek independent legal advice.

As this is not allocated to small claims track yet,

surely 31.14 stands?

Also, I've no idea what to do with respect to defence

- I've seen some very good examples, but no idea how to modify these for my circumstances.

Any info/pointers to further reading would be appreciated.

Edit In reading through other posts,

I see that the interest should have been claimed under the county courts act,

but in my PoC is listed as the "County Act"... does this make any difference?

std reply from carter if you read other claims by him.

have you moved in recent times?

you had your def date calc'd wrong.

plenty of time to read up on that [holding /no paperwork def prob]

you can poss go back on mcol and change juris?

dx

std reply from carter if you read other claims by him.

Yes, but should I respond to it ?

have you moved in recent times?

Just over a year ago.

you had your def date calc'd wrong.

Er... You've marked it as monday the 25th? 25th is a sunday?

4 weeks after claim is 22nd, + 5 days = 27th.

plenty of time to read up on that [holding /no paperwork def prob]

Thanks, will start searching

you can poss go back on mcol and change juris?

Er, no option to do so - see attached.

hehe autofil again

4pm Monday 26th

33 days whereby day ONE of the count is the date on the claimform.

post corrected

shame about mcol wont hurt mind

you do not respond at all to farter

dx

Don't respond to a standard letter like that.

Because this credit account with JD William was taken out in 2010, they would not need to provide a copy of the original CCA to the court to gain enforcement against you. They simply need to prove you owe the debt and failed to pay after a default notice was issued.

You can try to defend, perhaps on the basis that the original creditors had not contacted you about any debt and you had not received any default notice required under the Consumer Credit Act,so you had a chance to remedy the default. If you moved address and did not tell JD Williams of your new address, this may not work.

Once you have entered a defence, as this goes forward you would receive allocation paperwork, where you would select your local court. You could also select mediation, so tbe debt could be discussed between parties via a mediator.

If yoy want more info about the debt, send a subject access request to JD Williams. Ask for copies for all statements of account and a copy of any default notice issued.

still have to produce a compliant & enforceable 'signed' agreement - even if this is electronic sign up.

and the correct T&C's

dx

Just to clarify - I have no knowledge of this debt - how am I meant to know to contact JD Williams?. Wouldn't a SAR take too long ? (40 days?)

cant see the point in an sar.

its for the claimant to produce 'proof' not for you to go looking for it!

are all your old addresses showing on your CRA file?

and try more than one provider too.

dx

So they have the wrong person. You never used any account the claim is supposed to be for ?

If this is the case, then you should write to Bryan Carters saying so and defend the claim on the basis that you never had any account with the original creditor mentioned in the claim.

Personal addresses going back to 2009 are on there, nothing of ones from before.

So not relevant

The OP says the cat account was taken out in Feb 2010, so the claimant does not need the original or copy of CCA to enforce in court. They just need to evidence that the defendant owes the debt.

The SAR was to see what charges had been added, so these could be negotiated, to reduce the debt.

Also to see whether a default notice was issued and whether this was correct.

BC Responded with a letter stating that if I want info under Section 77-79 - I need to supply them with the £1 fee.

I sent the letter to lowell, with an extra copy sent to BC - marked as "CC Bryan Carter".

Can I presume that this is their response to my CC ? Or are they claiming that the £1 was never included on behalf of their client?

yo've sent the fee to lowells - the claimant

that's qhom it should have gone to

no need to CC anyone anything

dx

I'd presumed that as it was related to court case, I'd need to send documents to all parties involved.

carter is lowells

next desk diff skirt

Different addresses. So, in this instance, do I take it as they're claiming I didn't include payment? Or that they're responding to one of the 2 letters?

you ignore carter the cca request is not to do with them

no they are not diff addresses one is a mail dump.[basically]

So, if one is a mail dump - I sent the CCA to a mail dump?

you sent the CCA to the claimant address

end of stop worrying.

dx

No.

Mail dump simply means that these debt collection companies often have mail handling centres, that pass it on to the relevant office.

CCA goes into default tomorrow. Worth me filing defence ASAP after that ? or file it on the last possible day?

File your defence 2/3 days before the cut off.

Andy

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Defence

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1 .Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but do not recognise the account number referred to by the claimant.

2 .Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

On the 1st April 2015 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

3.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

5.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Regards

Andy

***************

That's the one I based it on!

Edit Ooh, noticed the bit at the start Added.