Bryan carter t mobile debt. court claims help***Claim Dismissed***

[shaha77]

I received court claims from Bryan carter/fred/lowell.

 

I did filed the defence.

 

and now received aq.

 

i did send cpr.31 request to Bryan and

received normal reply as same reply to all their request.

 

Account was in dispute with lowell due to non comply with request of copy of contract

and statment of account since 2009.

 

last payment was made in january 2009.

 

then debt pass to red and they only send me statement off account in 2011.

 

which was just early termination charges of £440.

 

I dispute with them and charges are unlawfull and all went quite.

 

in march this year lowell passed debt to fred and

 

i send FRED letter and explain that account in dispute and provide me copy of contract and statement of account

 

no answer from them and

 

received court claims.

 

totals balance was £580 and

 

i paid lowell £140 between 2008 and 2011.

 

can I apply n244 claims to be struck out.

Edited September 26, 2014 by citizenB

[citizenB]

Thread moved to correct forum.

 

I do not see that you have a thread regarding this claim

 

We would need a lot more information in order to advise.

 

What did you say on the defence you submitted.

 

What was the claim for - did you follow the instructions in the link below...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

[shaha77]

mobile phone contract claim.

 

 

claiment lowell /bryan carter.

 

 

first dca was moorcraft and the balance was £169.00 in 2006.

 

 

then pass to lowell on 12/09/2008 balance £580.42.

 

 

lowell never provided any prof of debt.

 

 

just harassment.

 

 

sorry the last payment was made in 2011.

 

 

that was my defence:

 

. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement

referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

 

2. Paragraph 1 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

and 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;

 

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

 

4. 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.

 

5. The amount claimed will likely to 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.

 

6. 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.

[shaha77]

hi citizen b

 

 

received a letter from carter today

 

 

asking me contact them to resolve this matter before hearing date to save further cost

 

 

and their client lowell happy to accept reasonable offer and

 

 

if i did not contact them they will apply to court defence to struck out.

 

 

AQ been filed with the court and said yes to medation.

 

 

my intention is to defend all they way even in the court.

 

 

As in their claim form they mention agreement so i send them cca request.3 weeks no reply

 

so what should be my next move?

[dx100uk]

you ignore carter

 

 

all they want is money

they don't care how they spoof it out of you.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)

[citizenB]

shaha, you will need to convert your images to pdf format, we are unable to read them as jpegs - they are too small.

[dx100uk]

put all the scans in a word doc and then Print to pdf that

 

 

dx

[shaha77]

is that ok

[dx100uk]

so you have the sar data

and can you prove the balance is unfair remainder of contract/ terminations fees>

 

 

dx

[shaha77]

so you have the sar data

and can you prove the balance is unfair remainder of contract/ terminations fees>

 

 

dx

 

yes i can prove it.its cleary mention default charges.they still don't have any contract

 

 

.they need to provide something that account belong to me.

 

 

they admit that agreement is regulated cc1974

 

 

point 4 in their witness statement.

 

 

i did cca them last year .

[dx100uk]

well ofcourse its not

 

 

strange ws

[shaha77]

well ofcourse its not

strange ws

 

so how i go from here any advice?

 

 

court hearing is on 26/03/2015.

[dx100uk]

wheres your WS?

[shaha77]

. Paragraph 1 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 and 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;

 

2. As per CIVIL PROCEDUE Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

3.0n 28.03.2014 letter bryan carter that account in dispute.

 

4.ON 03/04/2014 defendant send a letter to freddrickson international that account in dispute.

 

5.As per witness statement claimant admitted that that credit agreement is regulated by consumer credit 1974.ON 03/04/2014 defendant send a cca request to claimant which claimant fail to comply with and in breach of ss.5(2) 3b 6 and 7 of consumer protection from Unfair trading regulation 2008 CPUTR.

 

6.,ON 25/07/2014 Defendant send cpr31.14 to claimant and the CLAIMENT failed to comply with my request the claim was not allocated to small track that’s why cpr31.14 did applied.

 

7.Through out the history of from 2008 till up to date CLAIMENT failed to prove that account is any way reseated to me or show that how defendant reached to amount claimed. several times account was put on hold by claimant on letter dated 22/12/2009 account was placed on hold on letter dated 09/04/2014 was account was placed on hold.

 

8.on 11/02/2014 defendant received response from claimant of my SAR request based on information from claimant there is such no evidence that defendant had benefited from any services.

 

 

9. On the alternative, if the Claimant is an assignees 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 COUNSUMER CREDIT ACT Act 1974.

 

10.. The 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.

 

 

 

11.. 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. And fact stated above are true.

[shaha77]

hi dx thats my witness statement

[shaha77]

can i argue that unfair term in consumer regulation 1999 that whole claim are based on charges. any reference case laws?

[shaha77]

any advice andy?

[AndyOrch]

Hi shaha

 

They refer to an agreement/contract within their witness statement and yet they fail to attach any as evidence of their claim...speaks volumes in my opinion.

 

The above is your defence...have you been directed to submit a witness statement of your own ?

 

Regards

 

Andy

[shaha77]

Hi shaha

 

They refer to an agreement/contract within their witness statement and yet they fail to attach any as evidence of their claim...speaks volumes in my opinion.

 

The above is your defence...have you been directed to submit a witness statement of your own ?

 

Regards

 

 

 

Andy

 

Thanks Andy

I just changed few bits in my defence .I should seek here before submit my witness statement I just changed few bits .that's my witness statement. Can I change my witness statement?its to late and hearing is tomorrow.

[AndyOrch]

Too late Im afraid......just keep pushing the point I have raised above...the rest is irrelevant.

 

Andy

 

PS best of luck for tomorrow...please update your thread ...good or bad result.

[shaha77]

Hi Andy

 

claim dismissed and thanks for all your help.

 

I was there about 10 minuits .

 

no agreement to prove that account belong to me.

final verdict judge said.

that documents you requested never send to so claims dismissed.

and they are not bothered to attend the hearing

carter decided not to attend the hearing only rely on witness statement STRANGE?

 

 

I will write explain in brief later today.

[shaha77]

and donation is done .thanks for all your help specially slick , dx. Andy, ims.

[dx100uk]

hey great result!

 

 

dx

[AndyOrch]

Delighted for you shaha77

 

Regards

 

Andy

[citizenB]

This is very good news indeed