DISCONTINUED ! bryan carter re court summons

[rips]

hi rips here many thanks for a very informative forum
ive reatd up on most info and found most answers and it has helped me greatly , however i received a court summons from lowell ect
re shop direct , this summons was issued on 15 10 13 , i work away and opened it on the 22nd 10 13 , i disputed the claim 412.66 + costs interest ect
total 679
i have done the file acknowledge on the same night 22 nov on money claim . gov and disputed the whole claim
then sent recorded delivery cpr 31/14

asking for all information on the dept ect for my defense as i have no knowlage of the dept or shop direct
i promptly received this reply from bryan carters not willing to give me more time or any information on the dept
i have enclosed the letter can anyone help in my next port of call as i am now at a loss as i cannot defend this without any documents proof
he said it will go to court thank you for any help times not on my side here
regards rips

[Amethyst]

Re: help re reply from bryan carter re court summons please

Do you not recognise the debt at all?

Shop Direct is online/catalogue type clothing/homewares companies;

Very
Littlewoods
Isme
K&Co
Woolworths.co.uk


Did you send a request for a copy of your credit agreement under the Consumer Credit Act as well as your CPR ?

[rips]

Re: help re reply from bryan carter re court summons please

hi thanks for your reply , now that you listed some ideas of what shop direct are i had an online account back in 2006 with my now ex partner but i finished that off ie full payments when i left that address in 2006 /7
this is the letter i sent i did ask for the agreement

— 282828

28
Dear Sir, 28/11/13
Re: Lowell portfolio ltdv Case No:
CPR 31.14 Request
On 20/11.2013 I received the Claim Form in this case issued by you out of the NORTHAMPTON BULK CENTRECounty Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.
a request for the production of the agreement mentioned in the Claim Form and on which you rely.
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the]document(s) mentioned in your Particulars of Claim:
1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
1. SHOP DIRECT
2. DATE OF ACCOUNT NO T6998503
3. ORIGINAL, AGREEMENT AND SIGNED DOCUMENTS RELATED TO ACC NO T6998503
4. ANY DOCUMENTS RELATING TO THE PERCHASE OF ACC NO T6998503
5 [any other documents mentioned in the Particulars of Claim]



Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.
Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.
I do hope this will not be necessary and look forward to hearing from you.
28 /11/2013
Yours faithfully

the letter from them is a response to this thanks for taking the time to read it and any advice will be welcome regards rips

[Amethyst]

Re: help re reply from bryan carter re court summons please

Okay , you need to send a formal CCA request enclosing a £1 postal order. There is a possibility no credit agreement will exist and this will be a Barr to enforcement of the debt through the courts although it will still affect your credit file. They do have 14 days to supply this, so double check your dates for defence.

That's main thing to do first, and it should go to the claimant not the solicitors ... tho you should send a copy to the solicitor as well.... so Lowell? And cc to Bryan carter.

There Is an argument that CPR 31.14 should be complied with for documents mentioned in a statement of case as it is pre allocation, they are right in that I will be allocated to small claims, but regardless they should send the relevant documents to back up the claim, pretty sure theres some example letters about the place responding to this letter from Bryan carter

[rips]

Re: help re reply from bryan carter re court summons please

thanks amethyst i will send a cca request asap , do i need to contact the court as at the present they have not complied to give me any details and are not willing to give me any extension of time for my defense

[FlamingParrot]

Re: help re reply from bryan carter re court summons please

hi thanks for your reply , now that you listed some ideas of what shop direct are i had an online account back in 2006 with my now ex partner but i finished that off ie full payments when i left that address in 2006 /7

From what you are saying above, you paid off the debt, and even if you hadn't paid it off, any outstanding balance would be statute barred by now. :thumb:

When is your defence due? :confused2:

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

For reference, from April 2013, the small claims limit was increased to £10,000 so any CPR 31.14 request letters should be updated to reflect that change. :santa2:

[rips]

Re: help re reply from bryan carter re court summons please

hi flaming parrot thank you for your time am a total novice at this , the summons was issued on the 15th nov i received it 19th nov
file an acknowledge of sevice on the 21 nov acknowlage of service received 22 nov
sent cpr request 28th nov
bryan carters reply was sent 3rd dec i received it 6th dec

i am not sure what time i have left for my defense or nor can i work out what date my defense has to be in by i am confused .com on that one
today i sent recorded delivery the £1.00 cca letter as he refused me more time in his reply cpr request so can you help in working out a time scale i have
thanks for your help regards rips

[rips]

Re: help re reply from bryan carter re court summons please

just a quick update on the dates the time i have now with help from old bills from my pre address i must of had the account 2007 i left the premisses 2008
my partner remain at the property another yr or so i am lead to believe , if that helps

[rips]

Re: help re reply from bryan carter re court summons please

update thanks for all the advice i sent lowell and bryan carter a cca request copy to bc and the £1 po and request to lowell
ive had nothing back from lowell but did receive this letter of reply from bryan carter this morning
they have the date wrong i sent and dated it 9th not 7th probably a miss print on there part


they are not being very helpful lowell haven't got back to me yet with the information ive requested , can anyone advise on my next step please
i need to start to fill in my defense thank you rips

[josh1234]

Re: help re reply from bryan carter re court summons please

lowell have 12 days to respond to your cca request if they dont the account is in dispute.i wouldnt have sent bryan carter and lowells a cca request,just send one to lowells as they are the ones who have bought the debt although i think bryan carter is legally obliged to forward your request to his client ie:lowell.so if you go to court and lowell havent responded to your cca that will be part of your defence.

[rips]

Re: help re reply from bryan carter re court summons please

thanks josh i sent a cca request to lowells copy to bryan carter on the 9th dec i havnt had a reply from lowells over the cca request as yet ill give it 12 days once again thank you for your reply cheers rips

[rips]

Re: help re reply from bryan carter re court summons please

hi all an update from response to my defense filed on line acknowlaged by the cout 3rd jan 2014
as i have not had any reply from lowell group to my cr 31 and a cca request , i disputed the alleged claim and requested to have the claim moved to my local court as i have had no proof or acknowledgement from lowell

i am now desperate as i couldn't believe the response from bryan carter and still nothing from lowell
that they may proceed but will mediate , also now if i do not respond to there letters and offer them a settlement or payments they will apply to court to have my defense stuck out , how can this be i want to defend this claim. how can they not show me any evidence , can anyone help me on my next step do i contact them or do i contact the court i dont want my defense just thrown out , i have enclosed the letters please if you can give me some advise

[Plbkr2]

Re: help re reply from bryan carter re court summons please

I am in the same position as you, the person in this link is a few days ahead, I am keeping an eye on what happens

http://www.consumeractiongroup.co.uk...rt-claim/page3

[jefstudent]

Re: help re reply from bryan carter re court summons please

Hi,

I am in same boat as well. I am in process of filing N244 unless order. Funny enough I am against Bryan Carter with claimant Lowell.

You should try lodging unless order for them to produce documents. or best advice might still be the senior people on this website can give you. but that is what I am doing at the moment.

[rips]

Re: help re reply from bryan carter re court summons please

i know its not a good boat to be in at the min , i don't know what to do about the consent order ie send it back not signed
or just ignore it and wait for it to be allocated to court , as there isnt anything i can do without any information from my cca request i will be walking into court just with the papers issued and b/c letters ,