Lowells/Carter claimform - o2 Mobile 'debt'***Settled Claim Withdrawn***

[paulh1818]

Hi.

 

 

One of my old mobile phone accounts was purchased by lowell and bryan carter has been acting on their behalf.

 

 

I have no reason to dispute this account and I have been paying them £1 per month for a while now.

 

 

An oversight on my part meant that I missed last months payment.

Its only been a couple of weeks and today I have a county court claim form.

 

I have never had to deal with courts so I am hoping for some advice before I do anything.

 

Many thanks

 

Paul

[BankFodder]

Please put up the claim form and also tell us the size of the debt and how long have you been making the payments.

Have you missed any before?

[AndyOrch]

Thread moved to Financial legal Issues.

 

If you could read the following and copy and paste your your responses here....

 

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

 

Regards

 

Andy

[Bazooka Boo]

Bryan Ruddy Carter, how is he still a solicitor??

 

Defend in full..

[paulh1818]

http://i1236.photobucket.com/albums/ff458/paul19731/20150423_114004.jpg

 

As you can see, they are claiming £239.02 plus costs bringing the total to £333.15. I have been paying for 12 months and unfortunatly, I have missed a payment once before.

[AndyOrch]

If you could read and complete the link in my above post Paul..then we can advise accordingly.

 

Andy

[paulh1818]

Sorry andy, i didn't see your post.

 

Name of the Claimant ? Lowell Portfolio ltd

 

Date of issue 21 APR 2015

 

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

 

 

This claim is for 239.02, 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/purchased by lowell portfolio ltd. on 03/10/2013 and notice served pursuant to the law of property act 1925.

Particulars

RE O2 (UK) ltd

A/C No xxxxxxxx

And the claiment claims 239.02

The claiment also claims statutory interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum

from the date of assignment of the agreement to date but limited to a maximum of 1000 amounting to 19.13.

What is the value of the claim? 333.15 (including court fee and solicitors costs)

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile phone account

 

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

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. debt puchaser (lowell) via bryan carter solicitors

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes

 

Did you receive a Default Notice from the original creditor? yes

 

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

 

Why did you cease payments?financial difficulties

 

What was the date of your last payment? 4 March 2015

 

Was there a dispute with the original creditor that remains unresolved? no

 

 

As I said, I'm not disputing the amount or anything, I just missed the payment that was due on the 4th of April. Thanks for your help.

[AndyOrch]

Did you receive any advance warning paul that litigation would be commenced ? Letter Before Action allowing you time to get the payments back on track?

[paulh1818]

No. I have received nothing like that

[AndyOrch]

Thought not....taking a step back...this payment to Lowell of £1 per month...how was this agreed and do you have written conformation of the terms of payment arrangements?

[paulh1818]

I emailed bryan carter in May 2014 with the offer £1 per month.

 

 

They emailed back 'Thank you for contacting us. Our client will accept monthly instalments of £1 if appropriate in your present financial circumstances.

We look forward to receiving your payment.'

 

 

I still have the email as proof.

[AndyOrch]

Excellent...okay firstly you need to acknowledge service of the claim...you have 19 days to complete this (by the 19th May)...register to use the Gov Gateway as advised on the claim pack...this will produce a username (keep this safe as you will need it again to submit your defence and log in) so you can deal with this on line ...MCOL ...your password is already on the claim form.

 

Acknowledge service and state you intend to defend all the claim...that is all you do for now.

 

Once the 19 days have expired you have a further 14 days to submit your defence (so 33 days all in to complete this process) so you must submit a defence by the 23rd May.

 

Bump your thread nearer the time and I will draft you a suitable response that can be used for your defence.

 

Regards

 

Andy

[paulh1818]

I really appreciate your advice Andy, but do I even have a defence? I have been paying to this account for a year now.

[AndyOrch]

Do you think it is fair to have CCJ placed against you for 6 years because of one missed payment?

Do you think its fair that they should litigate without even notifying you or giving you chance to make up the missed payment of £1.

Are they legally entitled to bring a claim anyway....are they the legal owners ?

Did you really legally owe £239.00 to 02 initially?

[paulh1818]

That is all very true. But will I have a chance to make all these points? All I seem to have to state anything is some I&E form.

[AndyOrch]

You wont be responding using the response pack paul...see my post #12......you can submit a full detail defence.

[paulh1818]

Ok thanks again Andy. Just trying to get my head around it. Ive never had to deal with anything like this and I am a bit shaken by it. I have registered on gov gateway but it is saying that the claim number or password is incorrect. I've tried multiple times but it just wont accept it.

 

EDIT solved it. Its case sensitive.

[paulh1818]

Just going through the acknowledgment now. I have a tick box that asks if i intend to contest jurisdiction. I don't know what this means.

[paulh1818]

Ok. I have submited the acknowledgment. I just have a couple of silly questions.

Will I have to appear at the court? The court address on the form is the one in Northampton.

The standing order that I set up for this account is still active. Should I cancel it?

Is there anything else I need to doing?

 

thanks

[AndyOrch]

Just going through the acknowledgment now. I have a tick box that asks if i intend to contest jurisdiction. I don't know what this means.

No ignore

 

Ok. I have submited the acknowledgment. I just have a couple of silly questions.

Will I have to appear at the court? The court address on the form is the one in Northampton. Maybe but it usually does not get to that stage if a good defence is offered and if you did it would be transferred to your local county court.Northampton Bulk is MCOL which only issues the claim.

The standing order that I set up for this account is still active. Should I cancel it? For £1 I would leave it may be useful

Is there anything else I need to doing? Yes you need to send the Solicitor acting a CPR 31.14 request...See legal Library for template...edit it so you only ask for a document/s that is referred to in the claimants particulars.

 

thanks

 

Regards

 

Andy

[paulh1818]

Ok. Thank you very much.

[paulh1818]

Just received a letter from bryan carter informing me that they have issued litigation proceedings, my credit will be ruined for 6 years and i can phone them to discuss this matter etc. As if I'd ring them!

[Bazooka Boo]

Silly boy.........ring them and laugh.....''bring it on''!

[paulh1818]

lol. After reading through some threads here, it seems a lot of such cases are discontinued. Obviously they do this to scare people into coughing up. I admit I had bit of a panic when I got the claim in the post. I'm fine now though.

[Bazooka Boo]

That is exactly what he does, uses SD's as a debt collection tool.

 

I do hope you've made a formal complaint about his methods to the SRA?