lowell/carter Claim form : co-operative bank visa card

[julesverne]

is that a good thing or bad that they have not replied

im going to set out my defence tonight help would be appreciated

[julesverne]

hi guys,

when submitting my defence can i attach copies of letters i have already sent.

for example the CPR 31.14 request and request for info that i have sent.

or is it enough to just say that i have sent those requests.

 

my other defences are:

 

that i have not received a letter of assignment from lowells plenty of threatening letters and telephone calls though.

 

can i mention the amount of letters calls in general re this debt.

not just from lowells but also from previous DCA's chasing on behalf of co op.

 

my reasoning being that lowells have purchased the debt

so they purchased the history of the debt and past actions good or bad.

 

they have not responded to any of my requests eg CPR 31.14 and requests for info.

 

i am going to be submitting this tonight because as of tomorrow

i will be working away for 2 weeks and will unlikely to have access to internet connection.

 

any help would be much appreciated due to my lack legal knowledge.

[Guest]

hi guys, when submitting my defence can i attach copies of letters i have already sent. for example the CPR 31.14 request and request for info that i have sent. or is it enough to just say that i have sent those requests. enough to say atm, can attach and disclose later if continues

my other defences are:

that i have not received a letter of assignment from lowells....yes, they'll need to show assignment.

can i mention the amount of letters calls in general re this deb.not just from lowells but also from previous DCA's chasing on behalf of co op. .... can do, but that can be done in witness statement later?

they have not responded to any of my requests eg CPR 31.14 and requests for info. yes, briefly mention, as above.

 

........

 

have a read around re types of defences used. the civil procedure rules provide info re a defence, eg part 16.5

post up yr defence prior for input

include non compliance with statutory cca request

was a default notice required? if so, then they need to show that one was issued and was compliant. include that if applicable?

bump also for further input

[citizenB]

Hi Jules, I will ask andyorch to look in on you - as Ford has said, at this point you dont need to attach anything, you just need to refer to them.

[julesverne]

this is what i have written so far. i really dont think it sounds that good.

 

 

i wish to defend the claim on the following grounds/points.

 

I have not been sent of copy of the signed agreement the statement of account.

 

I have never received notice of assigment from lowells regardng them purchasng the debt.

I have asked if these were sent by recorded delivery but i have not had responce from them at all regarding this

 

i have sent a CPR 31.14 request to Bryan carter by royal mail special delivery tracking no.ADxxxxxxxxxx to which they have not responded

 

I also consider the amount of letters and phone calls I received regarding this debt as harassment even though on numerous occasions

when they have rang i have requested all contact by telephone

[citizenB]

That will not be acceptable, Jules.

 

I will try and find a link to something more suitable.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?418843-Re-think-on-submitting-defence&p=4482970&viewfull=1#post4482970

 

Post # 6 in the link above - make sure you adapt it to the Particulars of claim you have received.

[julesverne]

Thanks citizenb

 

But i have already sent it in last night i had to do it as like i said earlier im working away so not sure if i can access mcol. But as i have submitted defence i dont think i will be able to modify my defence. Will it make a difference to the decision to transfer to county court.

[AndyOrch]

Try to get back into the defence screen and see if it will let you amend...if not ring CCBC and explained the wrong defence was submitted...they will advise.

 

Andy

[julesverne]

Looks liked im screwed then just about to board plane as im working abroad for 2 weeks as its a job offer i couldnt refuse hence why i needed to get defence in last night. What will be will. Are there options available once i get back. i dont get back till 24th march.

[AndyOrch]

Is there no internet at your destination or telephones....advice as per above

[julesverne]

I dont think so its in the middle of nowhere. But i will see when i get there.

[julesverne]

this will def be my last post for a while If worst comes to it and i get a judgement against me can i still make on offer on my debt to lowells to pay in installments. Im pretty much scuppered otherwise. But i will try and find a tinterweb connection

[AndyOrch]

You never know the defence you submitted may be accepted....so see what transpires.

[julesverne]

Thanks andy

[Guest]

..... Are there options available once i get back. i dont get back till 24th march. if unable to amend defence prior, then could do so after but with the claimants permission, or if not then the courts permission (on application)

 

this will def be my last post for a while If worst comes to it and i get a judgement against me can i still make on offer on my debt to lowells to pay in installments. Im pretty much scuppered otherwise. But i will try and find a tinterweb connection yes, can request an instalment order in consideration of yr means. or, if able to pay in full within 28 days after judgment a ccj would not appear on the judgments register/cra file.?

 

[julesverne]

Hi Guys , thankyou for your help i really haven't helped myself having to work and my lack of legal knowledge.

 

i have been away i have received

 

SAR request from the CO OP,

 

letter from county court acknowledging my defence and that bryan cart has been notified

 

2 letters back from bryan carter .

 

1st letter stating client intends to go ahead with action but is open to mediation.

 

the second letter looking to settle out of courts by instalments

but threatening to apply for my defence to be struck at hearing if i go ahead.

 

i will first post up the cca but

 

it looks more like a application form to me.

 

also no terms and conditions came with it.

 

i will post up the cca/application. t

 

hen when i have a minute i will post up bryan carters letters.

 

i have taken out my details .

 

i would be grateful.

 

if you could cast your eyes on this and give judgement.

 

im just setting my scanner up again to scan other letters in for your to look at.

[julesverne]

here are the other letters that were sent by bryan cater

[dx100uk]

you need to PDF the attachments

[dx100uk]

if you cant click on them and see them we cant.

 

dx

[citizenB]

Jules, dx is correct, you need to convert your docs to pdf format so we can see theM)

 

Aside from that.

 

The 2 letters from BC are pretty standard - you would be advised to tick the "yes to mediation" on the Directions Questionairre anyway, if and when it gets that far.

 

Their threat to request the striking out of your defence is also standard tactics.

[julesverne]

just converted them here we are.

 

found this great online converter should anybody need it.

http://www.convert-jpg-to-pdf.net/

[citizenB]

I will ask andyorch to look in on you.

 

It is very interesting that they are offering a consent order ?

 

Was it established if there were any default charges ? Are they asking for just the amount they were pursuing prior to court action or have they added in any costs in the CO.

[julesverne]

to my knowledge no default charges have been applied to the account.

 

the consent is for debt, court & solicitors fees and the 8% interest they are trying to claim back.

 

the SAR Request from the CO OP is just reams of account payment information and a list of charges for late payment non payment

prior to me getting into difficulty.

 

there are no terms and conditions,

 

no letters stating they cancelled the contract

or default notices etc are they obliged to keep these on file.

 

Why is it interesting that they are offering a consent order?

[citizenB]

to my knowledge no default charges have been applied to the account. the consent is for debt, court & solicitors fees and the 8% interest they are trying to claim back.

the SAR Request from the CO OP is just reams of account payment information and a list of charges for late payment non payment prior to me getting into difficulty. there are no terms and conditions, no letters stating they cancelled the contract or default notices etc are they obliged to keep these on file.

 

Why is it interesting that they are offering a consent order?

 

The charges for late payment/non payment ARE default charges

 

Hmm, no terms and conditions ! You should have received these with your agreement request... not necessarily via the SAR but certainly via CPR or CCA request.

 

Why is it interesting they are offering a consent.. ! Cos this is a company that like to do Stat Demands / Bankruptcy at the drop of a hat.

 

Do you own your own home ?