Carter/lowells claim form - o2 'debt'

[bold]

hi,

I need some help as

 

 

I have received a claim form from Bryan carter solicitors whose acting on behalf of Lowell portfolio I ltd.

 

 

I believe its for 02 account which I didn't pay.

 

 

I had a dispute with them and terminated the contract.

 

 

I left it at that. then all of sudden iv received the claim form from county court business centre.

 

 

date issue was 17th of October.

 

any help will be appreciated many thanks.

[ims21]

Hi

 

Can you have a look here please and provide the answers to the questions raised here on your thread.

 

This will help the legal guys to help you

 

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

 

Thanks

[bold]

Name of the Claimant ? Lowell portfolio I ltd

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 17th October 2014

What is the claim for – the reason they have issued the claim?

 

this claim is for 621.73.

the amount due under the agreement

between the original creditor and the defendant to provide finance and / or services and / or goods.

this dept was assigned to / purchased by Lowell portfolio I ltd. on 5/12/2013.

particulars re- 02[uk] ltd.

 

What is the value of the claim? 794.65. [including cost court fee]

Is the claim for a current or credit/loan account or mobile phone account? 02 mobile account

When did you enter into the original agreement before or after 2007? after 2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. dept purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? not I know of

Did you receive a Default Notice from the original creditor? cant remember

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? cant remember

Why did you cease payments:- couldn't afford at the time

Was there a dispute with the original creditor that remains unresolved? don't know

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

[dx100uk]

don't forget to ack [AOS] the claim

defend all.

 

 

you indicate in post 1 you had a dispute with o2

 

 

what was that please.

 

 

you could send a CPR 31:14 to LOWELLS

however they might blank you.

[bold]

thanks for your reply.

 

 

where can t get cpr 31;14. and to defend all do I need to do it now.

 

 

what shall I put in for defence, and

 

 

can I file in defence over the online.

 

 

also shall I send the sar to 02.

 

 

sorry for all the question

[dx100uk]

31:14 in the library tab legal section top left [sri link did post]

 

 

oN AOS simply select defend all and exit MCOL

 

 

defence- there is no rush..go read other mobile threads in this forum.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

carter is easy to frighten away

 

 

yes you can file online [same as AOS via MCOL]

 

 

you could sar but it might not return in time

[bold]

sorry dx100uk but iv had a look in the library section but couldn't find 31;14. I have posted cca to Lowell and bryan carter both with 1.00 cheque which I posted on Friday. I have also send the defence all through mcol today.

[bold]

sorry dx100uk iv found the 31;14 thanks Ill print it and posted first thing tomorrow morning.

[dx100uk]

you onty needed ONE CCA to lowells with a blank £1 PO

 

 

cheques have your sig on them....

 

 

cpr is in the legal section of the library

[dx100uk]

normally that would be sent to the sols

however with carter you sent it to lowells

[bold]

I did send cca to both of them with the cheque not with po, but it was signed by my wife from her account. is that a problem.

[dx100uk]

no that's ok

[bold]

thanks ate, will let you know if I hear anything.

[bold]

hi, iv received the letter from the bryan carter solicitor stating , that cca 1974 does not apply to the account because your contract is for service, not credit. you can request a copy of your contract from where you originally obtained the service. does that mean I need to send cca to the 02 . as I have already sent cca to the Lowell portfolio. many thanks

[dx100uk]

ops sorry I forgot it was a mobile debt

 

 

dx

[bold]

yap dx100uk . shall I wait for the answer for 31;14 from Lowell which I posted yesterday then. do I need to send anything to 02 mobile phone. many thanks

[dx100uk]

4.00pm tues 18th is your def deadline.

 

 

not a lot of point in asking the oc for anything

they sold it on.

 

 

dx

Edited October 28, 2014 by Andyorch
Defence deadline altered

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is there anything I need to do for now ?

[dx100uk]

yes go read the threads mentioned earlier

 

 

dx

[bold]

hi.

 

 

received the letter bryan carter regarding the 31.14 request.

 

 

it says; we write further to your recent inquiry requesting disclosure under part 31.14 of the civil procedure rules.

 

 

 

 

we confirm the claim from was issued by the county court business centre and the courts protocol

was followed when issuing of claimant particulars of claim.

 

 

practice direction 7c point 1.4 [3a] eliminates to requirement to attaché the documents to the particulars of claim when they are issued by this court.

 

we confirm this matter will most properly be allocated to the small track as this is a simple contractual matter

and part 31 of the civil procedure rules wil therefore not apply .

 

 

it is the ariginal creditors policy to issue agreements at the start of the contract and the statements throughout

the duration of the agreement and,in the regard. we ask you to refer to your own records.

 

we confirm our client is not agreeable to an extension for you to file a defence

as you will be aware a claim was issue on this matter 0n 16 october2014

and we are in receipt of your acknowledgment of service.

 

what shall I do . worried. thanks.

[dx100uk]

nothing usual rubbish cater sends

 

 

I see you've read a few carter mobile court claims

 

 

so you should have seen that numerous times already

 

 

and seen what was advised [smile]

 

 

dx

[AndyOrch]

Just keep an eye on your defence date bold.

 

Andy

[Old Cogger]

usual template response, they are wrong in that CPR31 can be requested as you have done because the case has not been allocated yet,m maybe a peep can put up the letter in response for you to send back to the pretty dam quick!!

[bold]

thanks for your reply mike770. ill wait for that sir.

[bold]

in the mean time do I need to reply to bryan carter before the allocation of the case. many thanks