lowells/Carter Claimform - IKANO Financial Principles Storecard ' debt'

[hedders67]

Hi

I had an account with principles which i closed roughly about 5 to 6 years ago,

after I'd closed the account I heard nothing more from Principles.

 

 

About 2 to 3 years later I started receiving debt collections letter from various companies for the above account,

after calling most of them and asking for a copy of the principles statements showing the debt,

the only company that responded was IKANO Financial,

 

 

I eventually received, what can only be described as a piece of paper with an amount then monthly interest amount, no letterhead or anything.

 

 

I rang IKANO and told them that I was not going to accept this as it was not an official Principles Statement.

I heard nothing more from them.

 

 

the debt ended up with Lowells, and despite requesting the above, nothing was ever received from them.

 

I have just received a N1CPC Claim Form for the County Court Bulk Centre at Northampton,

 

 

Issue date 6th Jan 10,

 

 

Claimant being Lowell Porfolio Ltd and Bryan Carter & Co acting as solicitors,

 

 

the Particulars of Claim are as follows:

 

"The Claimant's claim is for the price of goods sold and delivered by the Claimant to the Defendent.

Claimants A/C No ####### to goods sold between 10/07/2004 and 09/07/2009 and the Claimant claims £313.78.

 

The Claimant also claims interest thereon pursuant to S.69 County Court Act 1984 Ltd

to one year to the date hereof at the rate of 8% per annum amounting t0 £0.00.

 

I have just completed the online "Acknowledgement of Service" as I want to defend the entire claim.

 

Any help or advice in defending cases like this would be greatly appreciated!!

Ta

Gill

[palomino]

There are two lines of attack here -

 

1. You could try the statute barred approach if you are sure the debt is old enough.

2. You can quite legitimately defend this on the basis that you believe the debt has been repaid and have always requested proof that it isn't whenever you have been approached.

 

Now's the time to get all your paperwork together.

[nicklea]

They are trying to get round the fact of probably having no CCA by saying "for goods sold and delivered" whereas this claim is actually a cca claim.

 

Also, since you haven't written to lowell before this then they're buggered as they haven't given you proper notice of assignment.

 

You need to acknowledge the claim saying that you will defend the whole amount. Then read this:-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html#post2695725

 

It will tell you what you need to do in these initial stages. We can then put together a defence for you later on.

[DonkeyB]

'Goods sold and delivered by the claimant'? Don't think so! Since when have Lowell been involved in retail goods? As usual, Carter f*cks it up for his client.

[hedders67]

Hi

 

I've read the attached link that you posted Nicklea

and I think am right in assuming I need to send Bryan Carter the 31.14 letter.

 

 

I'm not entirely sure how I should be wording this letter as in the 'Particulars of Claim' they don't make any mention of any documents.

 

 

Sorry don't mean to sound stupid ,

just don't want to mess this up by wording it incorrectly.

 

 

I've done the Acknowledgement of service and notified of intention to defend the whole claim,

 

 

Is there anything else i should be doing.

 

Ta

[vjohn82]

Send them this first... prepare an embarassed defence in the meantime... wait for them to send documentation. While waiting for documentation check all of your files to see if you hold anything related to this.

 

template of cpr 31:14

[NailPost]

Filing an acknowledgement and stating you plan to defend the claim usually results in Carter sending a notice of discontinuane to he court (copied to you) and scuttling back under his stone.

 

One that happens, and believe me it will, you can legitimately start complaining about this to all and sundry.

[hedders67]

Thanks vjohn82, have copied the letter you posted and will be posting it special delivery tomorrow. Can i just clarify something with all of you that have responded to my thread (dilemma) as I'm really worried about timescales.

 

Claim Form Issue Date - 06 Jan 2010

Claim Form received - 12 Jan 2010 (due to snow hampered postmen)

Online 'Acknowledgement of Service' - 15th evening, so court wouldn't have received it till the 18th

CPR 31 Disclosure Request posted to Bryan Carter - 20 Jan 2010

 

The question is, what date do I have to respond to the Courts with my defence? If my calculations are correct this will be the same day that Bryan Carter has to respond to the CPR31 request, will this be too late?

 

Please please help

[havinastella]

Thanks vjohn82, have copied the letter you posted and will be posting it special delivery tomorrow. Can i just clarify something with all of you that have responded to my thread (dilemma) as I'm really worried about timescales.

 

Claim Form Issue Date - 06 Jan 2010

Claim Form received - 12 Jan 2010 (due to snow hampered postmen)

Online 'Acknowledgement of Service' - 15th evening, so court wouldn't have received it till the 18th

CPR 31 Disclosure Request posted to Bryan Carter - 20 Jan 2010

 

The question is, what date do I have to respond to the Courts with my defence? If my calculations are correct this will be the same day that Bryan Carter has to respond to the CPR31 request, will this be too late?

 

Please please help

 

I'd get the embassered defence in ASAP, that way, as you have submitted a defence, once the cretin discontinues, you can claim for costs

 

Jogs

[hedders67]

Embarrassed to say, whats an embarrassed defence?

[vjohn82]

Basically a "holding defence" - you are in effect saying to the court that the Claimant have not demonstrated their claim effectively/precisely or backed it up with paperwork.

 

Therefore in order to meet the CPR provision of filing a defence you have to submit an embarassed one simply because their cause of action has not been defined.

 

Here's an example:

 

removed as out of date.

[hedders67]

Is this ok to be done using the courts online service, if so what date should i submit it?

 

Thanks for all your patience with me.

[havinastella]

Is this ok to be done using the courts online service, if so what date should i submit it?

 

Thanks for all your patience with me.

 

 

As previously stated, ONCE you have submitted a defence, should the claiment discontinue, they are lible for your costs.

 

As you have no chance of receiving anything from Carter, I would, if it was me, put in the defence ASAP. (Make the weasle pay)

 

Jogs

[vjohn82]

I agree... put in the defence now (but fill it in properly first ;-))

 

This should be fine to submit via the courts online service.

 

Good luck and keep us posted!

[lilly white]

please put your defence in. and keep us posted.

[SlimSilver]

have you heard anything yet?

[hedders67]

Hi

 

I received another letter from Bryan Carter a couple of days after I did the acknowledgment of service,

 

 

saying how having a judgement registered against me has a serious impact on obtaining further credit

& how its "not too late for you to avoid this happening"!!

 

 

Apparantly the same bog standard letter they always send out.

 

 

But other than that nothing.

 

 

Not exactly sure what happens next tho, i sent Bryan Carter CPR 31 Disclosure Request letter,

 

 

but haven't heard anything yet & have put in an "embarrassed defence" as per instructions

 

 

but have heard nothing so I assume I just sit and wait,

 

 

can any one advise?

[hedders67]

Hi Just received another letter from Bryan Carter saying

 

"We have referred the matter to our client and will revert to you as soon as we are in receipt of instructions. In the mean time, we confirm that we have placed the account on hold."

 

Is this another bog standard letter? If so how long do I need to give them before I ask for the matter to be finalised and removed from my Credit File.

 

Thanks