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Bryan Carter/Lowell/Shop Direct court claim***Claim Discontinued***


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Hello all Im not new but still a newbie lol,

 

 

I have had a court claim sent from Bryan carter to which I tried to sort it out myself without posting....big mistake :sad:.

 

 

I sent a CPR18 but by looking though some other posts it seems I have sent the wrong thing. :|

 

I have had a reply for the CPR 18 from Bryan carter which I have attached a scanned copy to this post.

 

 

Please can someone help, I don't like owing money and this account was originally for £200 which I had offered to pay shop direct but they refused,

didn't do this in writing though(another mistake I expect)

 

 

I had tried to keep up the payments but once the 1st lot of charges went on,

which I think was late payment charge of £25 + account in arrears charge another £25

and by then the next monthly payment I just couldn't afford it.

 

I asked the catalogue then if they could help by at least dropping 1 of the charges which they said wasn't possible

so now I owe £725.60!

 

 

I know I never did send back the signed credit agreement and at the time my husband who is self employed had no work

and was on JSA and we had 3 young kids. T

 

 

his was about 4 and a half years ago and have spoken to the DCA's

and bryan carter about paying the original £200 but they wouldn't accept my offer.

 

I have done the acknowledgment of service online and have until the 19th of December.

I don't know if anyone will be able to help, after having to unplug my landline because of 10+ calls a day

if I can I don't want to have to pay bryan carter a penny.

 

Sorry for the long post I hope someone can help me.

Edited by Andyorch
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Hi Linzi

 

You need to convert your upload to PDF...Jpg is far too small to decipher.

 

Regards

 

Andy

We could do with some help from you.

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Thanks for replying so quickly. Sorry, I went into this without asking someone for help first, so I have no idea what the POC is? If it's what is written on the court forms these are:

 

This claim is for 444.79 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 I LTD on 30/06/2009 and noticed served pursuant to the law of property act 1925

 

Particulars

Re:Shop Direct

A/C No ********

and the claimant claims 444.79

The claimant also claims interest pursuant to S69 County Court Act 1984 from 30/06/2009 to date at 8% per annum amounting to 155.81

 

 

I have no idea what the charges are for they have added £155.81 for their interest plus the £55 court fee and £70 solicitor's costs. I have no statements because its been nearly 4 and a half years so I have no clue and no evidence. From what they said in their letter it seems they want me to provide all the evidence for the case they have started against me?? surely it should be the other way around? Like I said, I went into this blind and think It is now going to be too late to fight it :-(

Edited by Andyorch
Points hi lighted for CPR 31.14 ref
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Well they wont have a clue either...that's why you must defend all and make them work/accountable for the claim.

 

 

Andy

We could do with some help from you.

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Thanks andyorch, but what do I do now? I have no clue what to do, from their letter is seems like I haven't got a leg to stand on. I am also running out of time I only have until the 19th of December to do something. I don't even know what I need to by the 19th lol, is it file a defence? :| I did look through lots of posts to see if I could do it without having to bother anyone, but I am still completely stumped.

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Thanks for replying so quickly. Sorry, I went into this without asking someone for help first, so I have no idea what the POC is? If it's what is written on the court forms these are:

 

This claim is for 444.79 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 I LTD on 30/06/2009 and noticed served pursuant to the law of property act 1925

 

Particulars

Re:Shop Direct

A/C No ********

and the claimant claims 444.79

The claimant also claims interest pursuant to S69 County Court Act 1984 from 30/06/2009 to date at 8% per annum amounting to 155.81

 

 

I have no idea what the charges are for they have added £155.81 for their interest plus the £55 court fee and £70 solicitor's costs. I have no statements because its been nearly 4 and a half years so I have no clue and no evidence. From what they said in their letter it seems they want me to provide all the evidence for the case they have started against me?? surely it should be the other way around? Like I said i went into this blind and think It is now going to be too late to fight it :-(

 

Don't apologise, shows weakness... Lol

 

Whats the date of the claim linzi?

 

Don't worry about the counter at the mo, you could file separately against the oc for any charges at a later date.

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Thanks mike, I will not say sorry again lol I just feel stupid because if I asked someone from the start then I would have had more time to sort it out and I have to keep asking about everything because I thought I could do this by myself, which is proving to be a mistake :oops:

Is the date of claim the issue date? that is the 15th November 2013.

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Ok, issue 15.11, deemed served 20.11. Aos by 4.12 and defence filed by 18.12

 

You have a while yet to file your defence.

 

Could you provide any background... Arrangements to pay etc?

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I make it the 17th Dec for Defence...linzi its a bit late now but above in the Particulars I have hi lighted in red what you should be requesting within your defence and challenging them on.

We could do with some help from you.

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I haven't had any arrangements to pay with Lowell or carter,

 

 

When it was with shop direct I was paying my monthly payments but had 1 month where I had money problems

so ended up with the month owed plus charges and the next months payment due,

 

 

I phoned them and asked them if I could pay the 2 months owed if they dropped the charges

but they said no so that's where the debt started and I am ashamed to say I have just buried my head in the sand and ignored the debt :oops:

 

 

Im sure they have only sent this to court now because there isn't long until its been 6 yrs,

If I knew the original amount I owed minus any of the charges I would have agreed to pay that

but Lowell and Bryan Carter have said they wouldn't have accepted it anyway.

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Yes should have been the CPR 31.14 ...but don't berate yourself he wouldn't have responded anyway but offered an extra 14 days extension and still not respond.

 

 

Simply submit a defence by the 17/12 and put the claimant to strict proof with regards the points I have hi lighted. If you are unsure nudge your thread a few days before.

 

 

Regards

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Like I said in my first post...I sent them a CPR 18 and wasted time and £6 for special delivery when it was the wrong thing to do. Arghhhh

 

Don't worry, its a tiny claim in the big scheme of things.

 

You have another week to consider your defence... I'd suggest one of Andy's putting it to proof.

 

In the meantime SAR shop direct and start the process of reclaiming all charges

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Thanks again andyorch, so when do I submit my defence?

 

 

do I leave it until 16th/17th? and what happens when I submit it?

 

 

do they have a chance to ignore my defence?

 

 

and who then decides if they need to provide this evidence?

 

 

If I sent the CPR 31.14 would that now be too late if I sent it tomorrow morning?

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Thanks mike, I didn't realise you could still do that? I thought when the bank charges case went to court it stopped you being able to claim charges on anything, so was that just the banks?

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Oh and I wouldn't have a clue where to start with my defence so any help when the time comes would be really appreciated. Thank you both for all your help with this, I was getting in a panic, why did they have to do this right before xmas :sad:

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Thanks mike, I didn't realise you could still do that? I thought when the bank charges case went to court it stopped you being able to claim charges on anything, so was that just the banks?

 

Claims for charges are always fair game, I wouldn't say the oft case was entirely lost v the banks it just made it more difficult for an individual to satisfy cause.

 

Running credit for mail order and credit cards were not considered in the judgment so they would still (if pressed) be required to show true quantum of loss to avoid being regarded as penury.

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Oh and I wouldn't have a clue where to start with my defence so any help when the time comes would be really appreciated. Thank you both for all your help with this, I was getting in a panic, why did they have to do this right before xmas :sad:

 

Give Andy a nudge during the week, I'm sure he'll post you something suitable. If he's not about bump your thread and I'll find you something. Posting on my phone tonight and haven't worked out copy/paste yet :-/

 

I must admit, I file cases at crimbo too in the expectation that offices will be closed and the toerags have less time to create a substantive defence.

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Ok thanks mike, I will start that off tomorrow im sure that will end up being a long drawn out process lol Do you know when I should submit my defence and if its too late to send a CPR 31.14? Im off to bed now sorry if I dont reply until tomorrow

 

thanks for all your help

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Ok thanks mike, I will start that off tomorrow im sure that will end up being a long drawn out process lol Do you know when I should submit my defence and if its too late to send a CPR 31.14? Im off to bed now sorry if I dont reply until tomorrow

 

thanks for all your help

 

Never too late to request disclosure so send it as soon as you can.

 

I'd be ready to file defence the day before its due just in case your (or its) server bombs out at the last min. I make it the 18th, total of 33 days from issue so have it ready on Tuesday 17th latest. See pd 7e 7.1 & 7.2 for assumed filing times

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07e#7.1

 

Shop direct don't like sar's so be prepared to sue it in the future for non compliance (I did)

Edited by Mike_hawk
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  • 2 weeks later...

Hi I did send the CPR 31.14 to Bryan Carter and had this attached reply yesterday. I have to do my defence tomorrow so I was wondering if anyone can tell me what I need to write in my defence please. I have no idea where to even start.

Thanks

[ATTACH=CONFIG]48250[/ATTACH]

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