carter and claimform for old BT mobile 'debt'***Claim Discontinued***

[HighVelocity]

I am all a bit new and ignorant of how to deal with this!

 

I have an old debt with BT an old phone contract where I ended up with a huge bill due to a load of spam texts which I disputed,

the bill racked up to £950.00 and dates back to 2009.

 

After falling pregnant and being in a vulnerable financial situation

I did the typical head in the sand syndrome and returned all letters no longer at this address return to sender!

 

I moved last month and with that redirected my mail,

 

this week I received a letter from Bryan Carter Solicitors stating they were chasing the debt on behalf of Lovell Limited

and have now issued litigation proceedings in the County Court!

 

a day later I received a letter from Northampton County Court with the claim letter asking me to complete all my details,

both letters are addressed to my old address!

 

I have just started improving my financial situation which is difficult as a single working parent to a toddler

however I do not want a CCJ against me,

 

is it too late to deal with this?

 

If i return the court form and offer monthly payments

- which admittedly will be small as i have huge childcare costs

and living costs which consume my whole wage and working tax credits.

 

However I just want to sort this out now! or do I just ignore both letters and send them back return to sender NO longer at this address?

 

will I still be issued with a ccj, which is what i want to avoid as I do not want this held against me for the next 6 years?

 

also how long does it take for this CCJ to appear on my credit file? is it immediate?

 

Can I call Bryan Carter and arrange a payment agreement or does the court letter mean it has gone past that stage?

 

Please excuse my ignorance I have read through some of the threads on this company

and you all seem very knowledgeable on this but this is a first for me,

 

I am just a hardworking person who wants to maintain a reasonable credit file

should i need it over the coming years.

 

Any help is much appreciated.

Edited May 28, 2014 by ims21

[HighVelocity]

Any advise would be greatly appreciated I am finding this very stressful, life is challenging enough juggling it all and working full time from which I see very little return financially and never enough hours with my beautiful little one.

[ims21]

Hi and welcome to CAG.

 

I have moved you to the Legal forum in view of the receipt of court papers.

 

While waiting for the legal guys to come along to help, can you please have a read here and give the answers to the questions raised please.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(3-Viewing)-nbsp

 

Post you answers on this thread.

[dx100uk]

you MUST ack the claim online after registering with MCOL.

defend all

else you'll get a CCJ by default.

 

did you dispute the bill at the time with BT

[citizenB]

Information from highvelocity regarding the claim.

 

 

 

NAME OF CLAIMANT LOWELL FINANCIAL LIMITED

ISSUE DATE 20/5/14

CLAIM IS FOR 950.00 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND OR SERVICES AND OR GOODS

THE DEBT WAS ASSIGNED TO LOWELL PORTFOLIO LTD ON 04/01/2012 AND NOTICE SERVED

PARTICULARS O2 (UK)LTD

 

THE CLAIMANT ALSO CLAIMS interest PURSUANT TO S69 county court ACT 1984 FROM 04/01/2012 TO DATE AT 8% PER ANNUM AMOUNTING TO 180.30

 

It is for a mobile phone account I cannot remember but probably started before 2007 ended 2009 have no paperwork from original account and an old mobile account!

 

not sure if I received NOTICE OF DEFAULT - all paperword returned no longer at address return to sender! Disputed verbally with o2 as spam texts and then buried my head in the sand hoping it would go away! No communication with original creditor or attempt to enter a plan

 

Which CPR31 DO I SEND FOR MOBILE?

 

I dont feel I will have a leg to stand on as cannot provide any dispute paperwork so have no choice but to send the N9A FORM off, will this still result in a CCJ being issued if i agree to make whatever payment I can and will they keep adding interest until it is paid?

Thank you so much for your help - really appreciated!

 

 

Sadly if you do not defend, then you will receive a County Court Judgment - as will you, if you admit and enter into a payment plan.

 

There will be no agreement as such as this is a service contract.

 

 

 

With an issue date of 20.05.2014 your timeline is as follows :

 

Issue date 20.05.2014 + 5 days for service = 24.05.2014 + 14 days to acknowledge = 07.06.2014 + 14 days to submit defence = 21.06.2014.

 

You will send the CPR 31.14 I have linked you to below.. Read it carefully so you know what you are sending - amend where necessary. In this document you can only request the following..

 

1: The agreement

2: Notice of Assignment

3: Statement of account to show how they have assessed the sum they are claiming for.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.(1-Viewing)-nbsp

 

I have also drafted a CPR part 18 for you to send - you can send in the same envelope - to the solicitor named on the claim form.

 

[ATTACH=CONFIG]51184[/ATTACH]

Edited May 29, 2014 by citizenB

[citizenB]

Ok, both documents are now in the post above.

[HighVelocity]

I seriously cannot thank you enough!

 

Will it be ok if I come back to you on this dependant on the reply!

 

I have been totally deflated by all this

 

just as life seems to be getting easier boom!

 

you have given me a bit of ooomph now and

 

at least if I try and fight it I may not end up with a CCJ,

 

if I do at least I tried.

 

will certainly be making a donation to this site,

 

what a great help you have been!

 

thank you..

[dx100uk]

ask away

 

dx

[HighVelocity]

Asking away - so I have completed the draft cpr31/14 form ready for posting tomorrow - can I confirm i send this to the solicitor Bryan Carter and not the Claimant Lowell? or do I send a copy to each? I would also like some assistance on completing the defence form for the court - What do I put as my Defence ? or do I wait for the CPR31/14 to be responded to and just leave the defence and counterclaim form blank on the Defence section - or post Defence to follow within the time limit allowed ?

Thanks for your help

[AndyOrch]

Asking away - so I have completed the draft cpr31/14 form ready for posting tomorrow - can I confirm i send this to the solicitor Bryan Carter and not the Claimant Lowell? or do I send a copy to each? Both in this instance I would also like some assistance on completing the defence form for the court - What do I put as my Defence ? or do I wait for the CPR31/14 to be responded to and just leave the defence and counterclaim form blank on the Defence section - or post Defence to follow within the time limit allowed ?

Thanks for your help

 

Follow the time limits.... dont wait for a response...they wont respond anyway.You dont need to use the claim form pack register to use MCOL and do it all on line.

 

Andy

[HighVelocity]

ok no prob will do online

 

- can you assist with what wording i put for my defence

 

- do i inform them i verbally disputed the bill with 02 originally due to spam text links and requesting stops/barrs on this ?

 

do i state i have not been supplied with any of the supporting documents

 

and have sent a CPR Form to the claimant ?

 

how do i word the denial/defence to work in my favour?

 

Thanx

[dx100uk]

it might pay you to send the 31:14 to lowells

 

carter will simply reply with a template response

 

dx

[HighVelocity]

I was going to send a copy to each that way I have covered all angles - just stuck on wording to reply to the court defence ?

[AndyOrch]

Here is a recent one I drafted..this will give you an idea of form and content:-

 

DEFENCE

 

1. Paragraph 1 is accepted I have in the past had a contract with (Mobile Company) however any claim for partial monies is averred contrary to s35 of the County Court Act 1984 s35... Division of causes of action.Therefore the claim is denied.

 

2. Paragraph 2 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14.

 

Paragraph 3 is denied and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into a contract 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;

 

3. On receipt of this claim, copies of the documents referred to in the Claimant’s Particulars of Claim were requested by way of a Civil Procedureicon Rule 31.14. This was sent via recorded delivery and signed for on the xx/03/2014. The Claimant has yet to comply.

 

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

 

5. 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 crediticon Act 1974.

 

6.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

7. 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.

 

Regards

 

Andy

[HighVelocity]

wow Thank you very very much!!! outstanding support!

[HighVelocity]

Donation made - very valuable support and information! Nice to not feel so alone! thank you all for your amazing help

[AndyOrch]

You must edit to suit...the above was for another thread based on their particulars.

[HighVelocity]

No worries, so I take it when i submit online I can inform that i will be defending and then wait within the further time limit (obviously needed as I am only posting the CPR forms tomorrow! so they must have time to "not" reply!) and I clearly get further time to submit my actual defence, in other words when i inform the court tomorrow that I will be defending ( as i have to reply within 14 days) I can state I will be providing the actual defence (within the time constraint) but at a later date? hope that makes sense!

[AndyOrch]

Correct..only acknowledge for now..then exit...wait for any responses...work on your defence then submit that by the 33 day from the claim date.

[HighVelocity]

Great thank you! much appreciated

[HighVelocity]

Hi

 

I received a letter from Lowell stating that Fredrickson International are handling the county court proceedings on their behalf

and they have passed my CPR request to them and that they will be in contact in due course

 

- this was 6 days ago and as of yet nothing!

 

do I need to do anything further myself or just wait until I get near to the expiry of the 33 days to submit my defence

 

- they have 10 days left to supply the information?

 

Cheers again for your help

[AndyOrch]

Well Brian C does not respond to CPR request nor CCA requests so your defence can be submitted whenever you are ready.

 

Regards

 

Andy

[HighVelocity]

Hi Andy so do i not have to give them the time to at least reply ? so submit similar to the draft you gave me for my defence stating they have not supplied the contract etc.. do i also detail that I disputed the charges verbally with 02 at the time ? many thanks

[AndyOrch]

Hi Andy so do i not have to give them the time to at least reply ? as long as it does not overlap your defence date so submit similar to the draft you gave me for my defence stating they have not supplied the contract etc..Yes do i also detail that I disputed the charges verbally with 02 at the time ? many thanks

 

Depends if your defence is an admittance then yes...if its putting them to strict proof to clarify then no.....because you dont require clarification if you state disputes with the O2...you obviously know all about the debt and what their claim refers to..

 

Regards

 

Andy

[HighVelocity]

I used the defence you recommended,

 

I have had a letter from the court saying the following;

I acknowledge receipt of your defence.

 

A copy is being served on the claimant (or the claimants solicitor)

 

The claimant may contact you direct to attempt to resolve any dispute.

If the dispute cannot be resolved informally,

the claimant will inform the court that he wishes to proceed.

The court will then inform you of what will happen.

 

Where he wishes to proceed,

the claimant must contact the court within 28 days after receiving a copy of the your defence.

 

After that period has elapsed, the claim will be stayed.

 

The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

i guess in laymans terms if the claimant does not come up with the paperwork within 28 days the court will not proceed?

unless he pushes to take this further??

 

any thoughts

cheers