Help! Court claim from Bryan Carter/Lowells/HFC

[BRIGADIER2JCS]

Lowells buddy.

 

 

I was under the impression Freds were managing the account and litigation?

 

 

The content of Carters letter is correct..

[dx100uk]

and as usual his template reply

 

don't worry about it.

 

they will still have to reply to the CCA request.

 

as usual I bet they'll discontinue

 

dx

[meandbex]

Well i asked that last week and i got an email from Lowells saying they have reffered my request to Fredrickson. This is all a mess as i have heard nothing from anyone in 6 years, no letters nothing not even a LBA letter....

[meandbex]

and as usual his template reply

 

don't worry about it.

 

as usual I bet they'll discontinue

 

dx

 

really? I do hope so......is that the usual case?

 

I am bit worried as my request have gone to Lowells but they saying Fredrickson are dealing with it.

 

Are there any implications as I have not gone to Fredricksons, despite the fact they are all together as mentioned in previous posts?

[dx100uk]

all the same office.

no worry whatsoever

 

just go read a few of the other threads here.

 

dx

[meandbex]

okay thanks.

 

So what do i need to do now.....wait for the cca to come to me???

[meandbex]

Well the CCA request was signed for on 25th July. I have not recieved anything at all.

 

I believe my defence deadline is 19th August - i have no idea what to do next??

[dx100uk]

probably the no paperwork/holding defence.

 

dx

[meandbex]

probably the no paperwork/holding defence.

 

dx

 

is there a particular way i need to write a defence?

[dx100uk]

yes

 

detailed in many like threads here already.

[meandbex]

My defence is due by midnight tonight...... wondering if this is suffice or should i be adding anything else i.e. like i have recieved no correspondence in 6 years or anything?

 

 

Particulars of claim

 

 

 

THIS CLAIM IS FOR £940.64

 

1.THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT

TO PROVIDE FINANCE AND/OR SERVICES AND/OR GOODS.

 

2.THIS DEBT WAS ASSIGNED TO LOWELL PORTFOLIO LTD ON 23/10/2013

AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

 

PARTICULARS

RE-HFC BANK LTD

A/C NO XXXXXXXXXXXXXX

 

AND THE CLAIMANT CLAIMS 940.64

 

THE CLAIMANT ALSO CLAIMS interest PURSUANT TO S69 county court ACT 1984 FROM 23/10/2013

TO DATE AT 8% PER ANNUM AMOUNTING TO £55.06

 

Defence

 

1. It is admitted that I the defendant has held an account with HFC Bank in the past but will contend that this account is in dispute.

 

2. On the 24/07/2014 the defendant made a request to Lowell Portfolio and Fredrickson International under the Consumer Credit Act 1974, sections 77−79, to see a copy of any credit agreement and a statement of account. To date neither have supplied me a copy of the agreement or a statement of account as required by law .

 

3. On the 24//07/2014 I requested information pertaining to this claim by way of a CPR 31.14 request also to Lowell Portfolio and Fredrickson International.The claimant has declined to to supply with this information and also declined an extension for me to file my defense.

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original documents he will rely on.

 

5. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to

 

a. show how the Defendant has entered into an agreement or contract with the Claimant; and

 

b. show how the Defendant has reached the amount claimed for and

 

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

 

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

 

7. Furthermore, 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 and196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974.

 

8. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct practice directions. The Claimant has failed to even acknowledge any request made by myself, via recorded delivery, regarding disclosure of documents in order that I may plead effectively.

 

9. 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.

 

10. Confused by the fact that the claimant is Lowell Portfolio but they have continuely told me to contact Fredrickson International for information. I have recieved no reply from Fredrickson International

 

Edited August 18, 2014 by Andyorch
Particulars added to enable referencing to defence

[AndyOrch]

Particulars added to enable cross reference to the defence......

 

I would lose 4 & 10 for starters...its waffling and irrelevant.

 

Andy

[meandbex]

Particulars added to enable cross reference to the defence......

 

I would lose 4 & 10 for starters...its waffling and irrelevant.

 

Andy

 

ok - thanks andy

[meandbex]

I have recieved 2 letters today from Bryan Carter after submitting my defence on Monday evening. It says the claimant agrees in priniciple to mediation???

 

[ATTACH=CONFIG]52908[/ATTACH]

 

[ATTACH=CONFIG]52909[/ATTACH]

[citizenB]

meanandbex, can you please convert your images into pdf and repost - they are far too tiny to read.

 

http://www.consumeractiongroup.co.uk/forum/content.php?1055-Mediation-for-litigants-in-person-in-small-county-court-claims

 

some information regarding mediation.

 

I don't quite understand what BC means they agree in principle.. they either do or don't agree to it !

[meandbex]

Hi citizen, here you go hopefully better.

 

I will read up on that mediation stuff....not sure what means for me tbh...is it their way of worming out of stuff as they not sent my requests etc etc etc

 

[ATTACH=CONFIG]52921[/ATTACH]

 

[ATTACH=CONFIG]52922[/ATTACH]

[AndyOrch]

Standard BC response...but he is open to mediation " in principle "

[meandbex]

mmmmmso what does that mean?

 

Do i contact them? wait for court date??

[AndyOrch]

It depends if you wish to proceed or whether you would be prepared to mediate and agree a mutual settlement.....hence the invitation.

[meandbex]

[ATTACH=CONFIG]52970[/ATTACH]

 

[ATTACH=CONFIG]52971[/ATTACH]

 

2 more letters recieved......i think good news as they have said that they will agree to have a judgement put on me as long as i make payments. Now i have done some real hard thinking about this....i beleieve my last payment on this account was February/March 2009.

 

If i agree a payment with these now, i take it then that this account will not be statute barred as i am resetting the clock as it were.

 

Would i be a fool to still go to court or should i simply agree to pay??

[dx100uk]

pdf please

 

 

remember if you cant click and read them

we cant!

 

 

 

 

 

 

dx

[meandbex]

sorry....try again

 

[ATTACH=CONFIG]52972[/ATTACH]

 

[ATTACH=CONFIG]52973[/ATTACH]

[dx100uk]

please agree to pay me something before I have to discontinue the claim

as I have no paperwork to prove my case.........

 

 

dx

[meandbex]

lol....take it then i go to court and argue then.....

[citizenB]

I like the bit that says..

 

"There will be no order as to costs".. cheeky beggars have already included their costs in the amount they have asked you to pay ?