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Lowell/Bryan Carter :claim form for old o2 mobile debt

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hi there

need some help with the above after receiving CCJ and letter from Bryan Carter on return from holiday :mad2:

 

the letter and CCj were dated 04/10/13 so am assuming they arrived on or around 08/10/13 as second class.

 

we have no knowledge of the alleged amount which is with regard to an O2 account.

 

the last mobile account my wife had on contract was finished some 4 years ago.

 

having researched on here i found alink with regard to responding back to Bryan Carter

with regard to CPR 31.14 request.

 

I have constructed the letter having adapted accordingly

but need assistance as to what to with regard to the CCJ element of responding.

 

there is an online facility on the form.

 

can someone kindly assist me with what i need to do right now with regards to timelines /deadlines

as do not want to forfeit the CCJ being imposed.

 

regards

 

mark

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Hi Mark

 

Its a summons (N1) you have received not a CCJ ...along with 1000s of others (100s here on CAG) for delinquent debts Lowell have purchased.

 

Would the particulars of claim read like this by any chance? :-

 

This Claim is for xxxxx the amount due under an agreement between original creditor and the defendant to provide finance and/or services and/or goods.

The debt was assigned to/purchased by Lowell Portfolia Limited on xxxxxx and noticed served pursuant to the law of property act 1925

Particulars

Re xxxxxxxA/C No *******

And the claimant claims xxxxxxx The claimant also claims interest pursuant to s69 county courticon act 1984 from xxxxxx to date at 8% per annum amounting to xxxxxx

 

You have 33 days in total (5 deemed served)so 28...14 days to acknowledge service and if defending a further 14 days to submit your defence.

 

Send your CPR 31.14 for :-

 

Agreement

Notice of Assignment

Statement of account to quantify the amount claimed.

 

Follow your time line its important to acknowledge by the date stated.

 

Regards

 

Andy


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So you haven't received a CCJ, you have received a claim form.

 

You have a strict time line to adhere to as follows.

 

Date of issue = 4/10...add 5 for service = 9th. Then add 14 to acknowledge = 23rd and then another 14 to file a defence ( if that is what you want to do) which takes you to 6th November.

 

Can you type up the Particulars of Claim verbatim please but leaving out any personal identifiers and round the figures to something different to the actual ones.

 

This will help the legal guys when they get here.


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Ooops.....I see they are already here :lol:


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Already drafting the defence ims21 ........:lol:


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Yep you are waaaaaaay ahead of me andy :lol:


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Read Here

 

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ok thanks

the claim is as follows;

 

this claim is for 170 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

this debt was assigned to /purchased by lowell portfolio 1 ltd.

on 31/10/2011 and notice served pursuant to the law of property act 1925,

particulars

re o2 (uk) ltd

a/c 1010024940

and the claimant claims 170.00

 

the claimant also claims interest pursuant to s69 county court act 1984 from 31/10/2011 to date at 8% per annum amounting to 26.22

 

amount claimed 196.22

court fee 15.00

solicitor costs 50.00

total amount 261.22

 

i have altered the exact amounts that are applicable and have now registered online with MCOL

can you kindly confirm when i should consider responding online to mcol?

i have drafted a letter to send recorded delivery as per a link i found to a similar case online here as mentioned previously

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Post 2/3 already explains the time line to follow


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thanks andy

am sending letter to carters tomorrow

did you say yo were drafting a defence for me?

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It was a bit of banter between Site Team mark but yes I will assist you with any defence.

 

Regards

 

Andy


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cheers andy

is it pertinent to acknowledge service as of now?

the recorded delivery will be in their hands tomorrow.

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Issue date is the 4th of October so the 23rd is the deadline to AoS.


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hi andy

just tried to do the aos online.their website is not working correctly!! they suggested that i complete the manual form/ scan and email to them.i have looked at this and have a question.do i have to put our address in the documents to sent to box? i assume that i tick intend to defend box (1)? then assume wife signs the form??

 

cheers mark

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hi andy

just tried to do the aos online.their website is not working correctly!! they suggested that i complete the manual form/ scan and email to them.i have looked at this and have a question.do i have to put our address in the documents to sent to box? i assume that i tick intend to defend box (1)? then assume wife signs the form??

 

cheers mark

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Take a read here mark I assume you have registered to use MCOL? Yes you defend all.

 

Do I have to use MCOL to file my response or are there any other ways I can do this?

 

MCOL is only one way of responding to a claim. If you are having problems logging in, or would prefer not to use MCOL, you can fax, email or post your response to the Court instead. If you send your response by e mail please send it to MCOL@hmcts.gsi.gov.uk and ensure you quote “Claim response” in the subject field. If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

 

 

http://www.justice.gov.uk/courts/northampton-bulk-centre/money-claim-online/frequently-asked-questions

 

Regards

 

Andy


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thanks andy

have done this today as above.

i have received a letter today with the following content.

 

Dear Mrs XXXX

LOWELL PORTFOLIO 1 LTD v XXXXXX

CLAIM NO: XXXXX

UTSTANDING BALANC~ £XXXX

We write further to your letter dated 14 October 2013 requesting disclosure under Part 31 of the

Civil Procedure Rules and request for an extension.

We confirm the claim form was issued by the Northampton County Court Bulk Centre and the

Court's protocol was followed when issuing the Claimant's 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 that the Claim 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. We

confirm that we have nevertheless requested documentation from our client and hope to revert to

you shortly, although this will not be within seven days.

It is the original creditor's policy to issue any agreements on or around the date 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 we are agreeable to an extension of 14 days to allow you more time to prepare and

file your defence.

Please note that we have not yet been informed that you have filed the acknowledgement of

service. As you will be aware a Claim was issued in this matter on 3 October 2013. 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 Judgment being entered against

you.

We recommend you seek independent legal advice

Yours sincerely

BRYAN CARTER

 

can you now advise the next step please

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thanks andy have done this today as above. Excellent

 

 

i have received a letter today with the following content. Ah Uncle Brian standard templated response to a CPR 31.14 request

 

Dear Mrs XXXX

LOWELL PORTFOLIO 1 LTD v XXXXXX

CLAIM NO: XXXXX

UTSTANDING BALANC~ £XXXX

 

We write further to your letter dated 14 October 2013 requesting disclosure under Part 31 of the

Civil Procedure Rules and request for an extension.

We confirm the claim form was issued by the Northampton County Court Bulk Centre and the

Court's protocol was followed when issuing the Claimant's 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. No one has questioned that

 

We confirm that the Claim 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. But not allocated yet so CPR 31.14 does apply

 

We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within seven days. So why bother stating the above?

 

It is the original creditor's policy to issue any agreements on or around the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to

your own records. But we are asking again for them because the cat ate them and your claim relies upon them so you will need them also

 

We confirm we are agreeable to an extension of 14 days to allow you more time to prepare and file your defence. CPR 15.5 is 28 days not an extra 14 so ring him back and tell him you want conformation of 28

 

Please note that we have not yet been informed that you have filed the acknowledgement of service.Check your MCOL screen As you will be aware a Claim was issued in this matter on 3 October 2013. Please

respond to the Claim using the Response Pack provided by the Court.No thanks would rather use MCOL You should comply with the deadlines outlined by the Court in order to avoid a Default Judgment being entered against

you.We will we assure you

 

We recommend you seek independent legal advice. Not as much as you need to:madgrin:

Yours sincerely

BRYAN CARTER

 

can you now advise the next step please

 

See above

 

Regards

 

Andy


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Looks like ive had exactly the same letter ha

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thanks andy

still had trouble logging in so sent the form via email.

got a response from them saying had received.i have forwarded this to bran carter so they the AOS has been done.

i will email them and ask for the 28 days you have mentioned.i have not rung them as prefer to avoid confrontational calls :)

what is the next step from here with regards to any further communication or defence?

 

regards

 

mark

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Only 2 main points at the moment either secure the new date for the defence or submit to the original one...nothing else matters at this stage.

 

Andy


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cheers andy

i cant log in to the mcol site for whatever reason.

can you remind me when i need to lodge a defence?is this done by the mcol website?

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Should be 4/5 Nov add 33 days to the date on the claim form


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cheers andy

i think you said the 4th.

can you compile a defence for me asap as ive gone down with the flu:sad:

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hi andy

please note the latest letter received today after i had emailed them.

 

LOWELL PORTFOLIO 1 LIMITED v HARLAND

CLAIM NO: 3QV18412

OUTSTANDING BALANCE: £

We write further to your recent communication the content of which has been noted.

We confirm that the Claim was issued on 3 October 2013. You have filed an Acknowledgement

of Service which provides you with an additional 14 days to file your defence, being 6 November

2013.

Please note that Part 15.5 of the Civil Procedure Rules allows us to offer you up to an additional

28 days to file your Defence. You are not entitled to an additional 28 days under Part 15.5, we

have agreed to an additional 14 days for you to file and prepare your Defence, being 20

November 2013.

If you are not in a position to file and prepare your Defence by that date then you must contact us.

We recommend you seek independent legal advice.

Yours sincerely

BRYAN CARTER

Manage uour

 

cant spell manager!!

 

where do we go from here now please

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Submit a defence on the 20th then


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