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Lowells/Carter claimform - JDW cat 'debt'


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Hi and thanks ahead to anyone who can take the time to advise me. Firstly im not even sure how to use this but im hoping someone can direct me in the right direction.

 

I recieved a letter from Bryan Carter a few days ago telling me that they have applied to the court to issue me for a outstanding balance with jd williams, but on behalf of Lowell Finacial. Myself and husband struggled a few years ago and did have a few accounts but to be honest this one does not ring a bell and definetly not for £1365 as they are stating we owe. Iv never had a credit limit over 250.

 

After reading many posts on hear i decided to wait for the arrival of the ccc and sure it arrived today . I acknowledged the claim on line and said that i am defending the whole thing. ( sorry not good with the correct terminology).or spelling lol .

 

Anyway i have copied out the cpr letter and intend to send it asap recorded del in the morning.

 

My questions are what is the next step . I have no correspondance from this account and cant even recall it , and on the cc papers it states this:-

 

THE CLAIM IS FOR 1365.88 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 LTD ON 20/12/12 AND NOTICE SERVED PURSAUANT TO THE LAW OF PROPERTY ACT 1925 , PARTICULARS JDWILLIAMS , THE CLAIMANT ALSO CLAIMS INTEREST PURSUANT TO S69 COUNTY COURT ACT 1984 FROM 20/12/2012 TO DATE AT 8% PER ANNUM AMOUNTING TO 87.89.

 

Any advice will be gratly recieved. I also would like to add i am a person who never signs agreements so i know this definetly would be the case. They wont have a signiture off me .

 

kind reguards

Edited by Andyorch
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Can you check your credit file to see if this debt appears on it.

 

 

If so, check addresses as well to see if you have been given an address you have never lived at.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 3 weeks later...

Dear all sorry to intrude on your question but i am a newbie and did post a question weeks ago with no reply so assume ive did it wrong, oops. I am having exact same problem . and identical letter. i acknowleded on line the day i recieved the court letter and disputed it all that was the 19th dec. I only sent the cpr letter to bryan carter 2days ago recorded. I have given them 7 days to provide me with the letters phone calls agreement ( which was never signed ) so i know they dont pocess and default notice. But again im the same as you i left in the other particulars , will this hinder this in anyway???. any help i will be eternally greatful.

 

Thank you for taking the time to help me. I had a letter from Bryan carter before christmas saying they had issued a claim in the county court for a outstanding cataloge debt over a thousand pounds. I cannot recall this as i paid off all my debts 2 years ago. It is possible but i have no correspondance from this company or the original creditors. I have disputed the whole amount , sent of the acknowlegment to the court on the 19th of Dec and sent a letter requesting bryan carter sends me the original credit agreement and any other documents concerning this account so i could build a defence. I have given him 7 days and it did state i would pay for copying but forgot to enclose a postal order. I have not heard back from him and it is 9 days today. I want to know what to do next please. Many thanks Nad

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Thank you for taking the time to help me. I had a letter from Bryan carter before christmas saying they had issued a claim in the county court for a outstanding cataloge debt over a thousand pounds. I cannot recall this as i paid off all my debts 2 years ago. It is possible but i have no correspondance from this company or the original creditors. I have disputed the whole amount , sent of the acknowlegment to the court on the 19th of Dec and sent a letter requesting bryan carter sends me the original credit agreement and any other documents concerning this account so i could build a defence. I have given him 7 days and it did state i would pay for copying but forgot to enclose a postal order. I have not heard back from him and it is 9 days today. I want to know what to do next please. Many thanks Nad

 

Hi Nad,

 

Same here he hasn't produced the docs requested?! But is still going ahead with the claim....

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Hi , so what is the next step does anyone know , I saw someone had a letter of bryan carter after sending request for doc saying that they do not have these and that we should have these.

 

 

Time is going on and i need to take the second step can anyone help. Also do you have to appear at court if you are defending the claim ?.

 

 

I need to add this is under my husbands name and i am doing all the legal work wanted to know if the court would speak to me also did i have to send a copy of the letter to the courts?... sorry to bombard with questions but i am worrying.

 

 

thanks again Nadine

Edited by Andyorch
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Dear all i have posted a few thread but without response , iam a newbie and am pretty rubbish at things like this , so hoping someone will see this. Ill begin by saying me and hubby had alot of debt a few years ago that overtook us , we managed to settle these.

 

 

Then on the 19th Dec we recieved a letter from bryan carter and the court saying he had issued a claim against us for lowell fincial for goods obtained by my husnband , and the amount 1334 pounds. I can honestly say we cant recall this one but it could have easily been overlooked as we had many creditors.

 

I acknowledged the cliam online and sent a cpr request . i asked for the original agreement and any other satements ect. I did say i would pay for copying but forgot to include a postal order. i also did this recorded delivary. But its 10 days and iv dtill not heard back from them.

 

My question is what is my next step and do i have to appear in court to defend this or can i do it all via posting ect. Also i have seen a template that bryan carter send out in response to a cpr request and its basically saying that the blame falls on the person who opened the credit , as we should have kept letters ect and that they would still pursue,

 

i would be most gratefull if someone could guide me through this awful ordeal as my husband and myself have worked so hard to get out of the debt cycle and have stayed out and on track for 2 years now , really dont want to go back here.

 

many thanks please excuse spelling and lack off knowlegde im useless .

Edited by Andyorch
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So you have acknowledged the claim and sent CPR/CCA requests.....from the date on the summons you have 33 days.5 deemed served.

14 to AoS which you have done and a further 14 days to submit one defence.Now work out what date your defence should be submitted.

 

Regards

 

Andy

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Hi andy , i acknowledged my defence on the 19th dec the same day irecieved it. I have just had a response back from bryan carter .

we write further to your letter dated 3rd january requesting disclosure under part 31 of the civil procedure rules.

We confirm the claim form was issued by the northampton county court bulk centre and that the courts protcol was followed when issuing the claimants particulars of claim. Practice direction 7c point 1.4 (3a) eliminates the requirements to attach the documents to the particulars of claim when they are issued by this court.

 

We confirm this matter will most proberly be allocated to the small cliams track as this is a simple contractual matter and part 31 of cicil proceedure rules will therefore not apply.

 

In the event the notices of default and assignment left the control of the claimant when they were despatched to you.

 

It is the original creditors policy to issue agreements at the date of contract and statments throughout the duration of the agreement and , in this reguard we as you to refer to your own records.

 

bryan cartyer

 

so , whats my next step and sorry not sure the next thing to do . many thanks andy your a life saver

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Well that's a standard template response he sends to every defendants request for information.

As to what you do next see my post above.

We could do with some help from you.

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sorry i didnt mean acknowledge my defence i meant acknowledge the court the day i recieved the court issue . 19th dec sorry

 

so i have to build a defence .? gosh not sure how to work the dates out??? so 33 days from the day i recieved the issue from the court? , im very frustrating i know :( never dealt with anything like this before... In respect of defence how do i even start that , i did see a template??? do i send that via post to the court ??? thanks so much

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Ok the summons is dated 19th Dec 2013 you acknowledged the same day using MCOL online.

 

 

Your defence should therefore be submitted Monday 20th Jan 2014.You can also submit this on line using MCOL.

We could do with some help from you.

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i have until around the 3rd feb , if thats right .

 

 

No 20th Jan as per above

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ignore me im falling behind in thread lol so if i put my defence on here would you kindly check i t ?

 

 

No problem

We could do with some help from you.

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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 xxxxx 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 .

 

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.

 

8.Theclaimant has failed to comply with my requests for disclosureentirely and it is suggested that such failure highlights that thereis no case for me to answer. It has proven difficult to compose thisdefense without disclosure of the information requested, especiallygiven that I am Litigant in Person.

 

9.Since the claimant hasfailed to comply with the request for disclosure as outlined in point6, it is requested the court consider striking out the claimantstatement of claim as failing to disclose reasonable grounds forbringing the claim.

 

10.I further ask the court consider striking out the claimants case asit fails to comply with part 16 and practice direction 16 insofarthat no documents have been supplied and fails to show anyconsideration to the overriding objective to allow the court to dealwith this case justly.

 

11.Alternatively,I respectfully request a stay in proceedings until such time as theclaimant complies with the requests outlined in point 6 above oruntil the court orders its compliance with the same. I will then bein a position to file a fully particularised defense and counterclaimand will seek the courts permission to amend my statement of caseaccording

 

Sorry i copied and pasted this and onfact i think you wrote this as it said andy at the end.

 

 

Do i have to delete claimant and put my husbands name in there or refer to as i ect ect

 

 

. many thanks for your time andy . ps also there was something about a n244 ????

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I think you need to expand on the reason of why you dispute it rather than simply " faulty goods /services "

 

 

Apart from point 8 that you have added 9/10/11 are repetitive and and the court will ignore.

We could do with some help from you.

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sorry could you elaberate on what you think i should add , as that was the only thing in the particulars ? and what do you mean about point 8 , should i delete 9/10/11 ? . again many thanks , also do i print this and send straight to the court , ? and is there anything else i need to delete or change in the template above . Nadine

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Im afraid its impossible for me to elaborate as to why you don't think you owe this debt and the reasons for defending ...its your dispute.

 

 

The above draft defence is not a template I drafted it for another poster to fit his circumstances ...there is no such thing as a template defence they are all unique.

 

 

Regards

 

 

Andy

We could do with some help from you.

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iv done the same sent a cpr off had a standard reply of bcs saying that they are under no obligation to supply the paperwork and this will most prob be in the small claims court and that the same rules dont apply . so we both need to write back to bcs and ask for CCA?????? . i know im intruding but we seemingly at the same stage and its good to help one another.

Have you sent copies of the letters sent to bcs to the court also. cheers goood luck

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iv done the same sent a cpr off had a standard reply of bcs saying that they are under no obligation to supply the paperwork and this will most prob be in the small claims court and that the same rules dont apply . so we both need to write back to bcs and ask for CCA?????? . i know im intruding but we seemingly at the same stage and its good to help one another.

Have you sent copies of the letters sent to bcs to the court also. cheers goood luck

 

 

Yep I need to send the CCA to Lowell's .... I didn't send the letters the the courts I suppose I better.?! Not sure ...

 

Still trying to get my head around it I received another letter today !

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Thank you Andy, I'm beginning to get the idea of this. I am unaware of this debt as far as I'm concerned . Settled all my debts tw. Years ago. this is why I need Brya. Carter to suppl. Me wit. Relevant statement. And agreements. so coul. I use the draft and add in that I have no recollectio. If any such account henc. Why I need proof if a agreement? . cheers Andy

 

 

Andy

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ok my question is the 20th is looming and am i going to have enough time sending a cca as my defense needs to be in by 30th , pg gosh hope someone can help me all this makes me feel ill.

 

 

You mean to say you still have not requested a section 78 request?

We could do with some help from you.

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oh gosh im not sure , all i have sent is the cpr request which i had the standard reply from bcs . But nothing else as i thought i would have to send in the defense , sorry im trying to get thgis done in my breaks at work , its worrying me sick , thanks andy ,

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