Lowell/Carter claimform - old Littlewoods cat Debt ..**Settled by Consent Order** missed payments - now AOE -

[BRIGADIER2JCS]

Recieved a response from Bryan Carters regarding the 31.14...

 

We conform the claim form was issued by northampton county court and that the courts protocol was followed when issuing the Claimants Particulars of Claim. Practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.

We confirm this matter will be most properly 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. In any event the Notices of Defaiult and assignment left control of the claimant when they dispatched to you.

It is the original creditors 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 the claim was issued in this matter on 2 June 2014 and we recieved your acknowledgement of service. Please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgement being entered against you.

We reccommend you seek independent legal advice.

Yours sincerely....

....Bill N Ben the flowerpot Men.

 

Thanks

 

 

Technically correct, a standard Carter reply.

[AndyOrch]

Technically correct, a standard Carter reply.

 

Which Part Brig...Yours Sincerely?

 

Andy:wink:

[jboyd83]

OK thanks all....... I did send the CRP 31.14 to Lowells in the first place, who forwarded the request to Bill n Ben **cough **cough... Bryan Carters......

 

Do I just wait for the CCA request now?

[AndyOrch]

OK thanks all....... I did send the CRP 31.14 to Lowells in the first place, who forwarded the request to Bill n Ben **cough **cough... Bryan Carters......

 

Do I just wait for the CCA request now?

 

You can wait ......

[jboyd83]

Thank you everyone

[BRIGADIER2JCS]

Which Part Brig...Yours Sincerely?

 

Andy:wink:

Well Carter has never been sincere about anything so that's another template "bu**ered!

[jboyd83]

Hi all, how long do I have to wait for a CCA response?

Still heard nothing from it?

[dx100uk]

did you not file your defence by day 33

 

dx

[jboyd83]

Ah jesus no....my heads in the shed with this, I've got letters coming out my ears....Jesus Christ I can't believe I Havnt done it, been thinking I'm just waiting on a bl**dy CCA. Ah noooo I could cry...

 

I presume that there's nothing I can do now? Will the courts just decide on it and make a judgement now?

[Lokur]

While I'm no expert, but I believe if you acknowledged, and defended all but forgot to send in your defence. They will issue you a CCJ without any further chance to defend.

 

However I think you can get it set aside as it's an irregular judgement, if you have acknowledged but not defended.

 

Someone else should be able to give you more specifics though.

[jboyd83]

Thank you...

I've got so many things to deal with I'm getting lost...got court claims for this, PE, dca letters, life going on around me as we all do....I'm so angry with myself.

 

Hi,

can anyone please tell me if there's anything I can do regarding me missing the deadline to submit my defence?

 

I have had no further correspondence from either the court or Lowell.

..should I ring the court and ask if any judgement has been made or do you think it will be made anyway?

[dx100uk]

I would suspect you have a ccj knowing sneaky carter.

 

yes ring them.the court

don't contact carter

 

dx

[jboyd83]

Thank you dx, I've tried to log in on moneyclaim but having no success....

[jboyd83]

They Havnt done anything yet the court said I must submit a defence asap...!!!...can anybody please be an absolute star and help me with it because I don't have a blinking clue?!!?

[dx100uk]

so you have had NO returns in any actual paperwork

 

resulting from your CPR nor CCA request?

 

dx

[jboyd83]

I had a response a while back from the CPR which I put up on here..

 

.Carter saying that they followed court protocol,

practice 7c point 1.4 (3a) eliminates the requirements to attach the docs to poc when they are issued by this court.

 

Nothing back in response from my CCA yet, sent back in june

 

Proof of postage here- 17th June I sent it

[dx100uk]

right so carter has not produced anything relating to your debt other than his template

 

just checking as you've been away for so many weeks.

 

dx

[jboyd83]

Not since the claim was issued no....I have no credit agreements from carter or Lowell, I can't remember if I requested them from shop direct before this claim was issued but nothing from carter or Lowell....I can have a look back through my posts if you need me to find out if shop direct have given me anything?

[dx100uk]

no that's fine

 

concerntrate on the questions being asked and the advise

 

nothing else.

 

look at their PoC on the claimform

 

it will be numbered.

 

here below is a 'std' holding defence for cat debts written by andyorch

 

ADAPT IT TO YOUR NUMBERS AND SITUATION

 

them post it back here for checking:

 

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

 

1. 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.

 

2.Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but any alleged balance is and remains in dispute for faulty goods/services.

 

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

4.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;

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

6.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 Credit Act 1974.

 

7.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

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

 

 

dx

[jboyd83]

Thank you thank you thank you!!

[dx100uk]

let andyorch check it later

 

dx

[jboyd83]

I may be looking in the wrong place but where it says Particulars of Claim on the front page of this blue claim form....there are no numbers....just a brief explanation of the amount, who is claiming, who it was assigned to purchased by, and details of amount claimed and interest......

 

Am i looking in the wrong place?

 

Just bumping so I can crack straight on with what I need to do...cos I havnt a clue what Im looking for as I have not got a numbererd POC? Just a brief description....sorry I know you lot are mega busy....just have to get this done before a judgement is filed.

Thank you so much

[AndyOrch]

Particulars of Claim

 

1.THIS CLAIM IS FOR £6982 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 27/06/2013 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

 

PARTICULARS

RE: SHOP DIRECT-LITTLEWOODS

AC NO xxxxxxxx

 

AND THE CLAIMANT CLAIMS £6982

3.THE CLAIMANT ALSO CLAIMS interest PURSUANT TO S69 county court ACT 1984 FROM 27/06/2013

TO DATE AT 8% PER ANNUM AMOUNTING TO £520

 

Defence

 

1. 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.

 

2.Paragraph 1 is noted. I have had an agreement in the past with Littlewoods but any alleged balance is and remains in dispute and disputed unfair penalty/interest charges.

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 12 months ago.

 

4. Paragraph 3 is denied the claimant cannot add section 69 interest to any alleged balance until it secures judgment and is at the discretion of the court should 8% be allowed.

 

5.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.Further more the claimant has failed to respond to a section 78 request and is therefore in default and therefore not permitted to request any relief until such time they can comply,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;

 

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

 

7.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 credit Act 1974.

 

8.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.

 

 

 

 

You have numbers now....look at number 2 of the defence.As Im unaware of the nature or dispute with this claim you will have to edit to suit.

 

Also have they added the £520 into the total claim or is it just showing?

 

Regards

 

Andy

Edited August 5, 2014 by Andyorch
Additions and tweaks

[jboyd83]

Thank you so much Andyorch,

The amount claimed includes the 6981 and the 520....so 7502 is the 'amount claimed' ans with solicitors fees it totals 8012.

 

As for point 2. There are charges etc on the account, CCA request was not responded to, nor the CRP31:14

 

So...would i basically use the defence you have provided me with, making sure the figures are correct....edit 'faulty goods' but leave in the charges/interest.......do I need to edit/add in anything to it in regards to the interest being included in the total amount claimed?

[AndyOrch]

Thank you so much Andyorch,

The amount claimed includes the 6981 and the 520....so 7502 is the 'amount claimed' ans with solicitors fees it totals 8012.Ok Ill tweak the above

 

As for point 2. There are charges etc on the account, CCA request was not responded to, nor the CRP31:14.There cant be £6K worth of unfair charges?

 

So...I would basically use the defence you have provided me with, making sure the figures are correct....edit 'faulty goods' but leave in the charges/interest.......Correct

 

Then send to ccbc? Do I need to add in anywhere about the CCA and CRP3114?

Its already in No.4 I will add CCA

 

Regards

 

Andy