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

[linzi2011]

Just checked an think I have to do the defence today But im sure when I phoned the court to check they said the 18th by 4 o clock.

[AndyOrch]

Take a read here linzi...post#30 ...edit to suit.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?405726-Lowells-taking-me-to-court-for-unpaid-charges-to-Shop-Direct/page2&highlight=shop+direct

 

 

Regards

 

 

Andy

[linzi2011]

hi with the first bit in the defence could I use the fact I was and still am unemployed? I am a full time mum lol

 

Sorry doesn't matter I read it wrong im so stuck I think I might just leave it and let them get their default judgement. thanks for the all help anyway x

[AndyOrch]

As stated you will have to edit to suit your particulars of claim ...at this early stage it may be wise to refrain from stating that you were unemployed....that will not gain extra brownie points.......admit or refute only to what they state...you can add history later in a WS if it is required....

 

 

That defence merely puts them to strict proof to test if they wish to proceed.

[AndyOrch]

"Sorry doesn't matter I read it wrong im so stuck I think I might just leave it and let them get their default judgement. thanks for the all help anyway x "

 

 

Exactly what MR C wants to read...what a shame.

[linzi2011]

But in the post it says "sent a section 78 request" I didn't send one? so do I just delete all the parts that mention that? Sorry I am sounding extremely dumb but im sure any mistake I make Bryan Carter will pick up on it. And I don't want to admit to the agreement because surely that would mean I do owe the money and will lose?

[AndyOrch]

Then you edit to read ...Paragraph 1, I neither admit or deny and have no recollection of any agreement......

 

 

Once you state that you can pretty much type what you like without any admittance.

 

 

Have a go ...post your draft and I will check it back to your PoC.

[linzi2011]

Ok thank you soooo much I will have a go now.

[linzi2011]

Do I add that I sent a cpr 31.14 and they refused to provide me with the documents on which they base their claim?

[AndyOrch]

Do I add that I sent a cpr 31.14 and they refused to provide me with the documents on which they base their claim?

 

 

If you have then yes thats the truth

[linzi2011]

Paragraph 1 I neither admit or deny and have no recollection of any agreement.

 

Paragraph 2 is denied I have no recollection of the debt to be assigned/purchased.

 

Paragraph 3 is denied I have no recollection of any agreement with shop direct.

 

I have sent the claimant a CPR 31.14 request and have had a response from them stating they would not provide me with the documents on which their claim is based.

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;

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

 

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

 

 

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.

 

Until such time the Claimant can comply with my request for a copy of the agreement it relies upon, they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974.

 

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

 

How well have I managed to butcher your good work? lol

Edited December 17, 2013 by linzi2011

[AndyOrch]

Refresh your page linzi I have edited your post.

[linzi2011]

Thank you thank you so much, so if I add your edited paragraphs then it is ready to send?

[AndyOrch]

Yes...if you are submitting manually add Claimant V Defendant and claim number if you are submitting vis a MCOL then its not required...print off your receipt as proof of submission.

 

 

Regards

 

 

Andy

[linzi2011]

thank you so so much for all your help, so do I now just sit and wait to see what happens?

[AndyOrch]

Afraid so...the court will confirm your defence has been forwarded to the claimant...they have 28 days to respond or decide to proceed....if not the claim will be stayed until either party make application to proceed (for whatever reason).

 

 

Best of luck

[linzi2011]

hello hope you all had a good xmas and new year. Mine was brilliant until these 4 letters dropped on my mat lol. I'm not sure what to do now? They have said they are proceeding with the claim. I have attached the 4 letters and I'm wondering if anyone can help me with what to do now please.

[Mike_hawk]

Standard response from BC, you've left your name on the attachments.

[AndyOrch]

Uploads unapproved please cleanse and repost PDF 1 & 4.

 

 

Regards

 

 

Andy

[Mike_hawk]

Uploads unapproved please cleanse and repost PDF 1 & 4.

 

 

Regards

 

 

Andy

 

That was bliddy quick, ta

[linzi2011]

So sorry, I didn't even notice that.

 

 

I have attached them again without my name lol.

 

 

Thanks for replying again.

 

 

So do i just do nothing and wait to hear from the court?

[AndyOrch]

Yes unless you wish to accept BCs offer of consent to settle the matter.

[linzi2011]

Thanks Andy. I don't really want to settle and they still haven't actually shown any proof that the debt is mine? If i leave it to the courts do you know what happens next?

[AndyOrch]

Well if they have actually informed the court they wish to proceed the claim will be allocated to its track. You will receive a DQ (Directions questionnaire) to complete and once submitted a Notice of Allocation which will contain directions and time table of what is to happen next and when.

 

 

But this clown usually issues a Notice of discontinuance once they have to pay for it to proceed.

[linzi2011]

Ahh ok so just sit and wait for now? How will i know if the issue a Notice of discontinuance? will it be the court or Bryan Carter that tell me? once again thank you so much for all the help you have given me with this.