• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

County court claim from Lowell portfolio/Brian Carter solicitors

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • County court claim from Lowell portfolio/Brian Carter solicitors

    Hi, today I have received a county court claim form from Lowell/ Bryan Carter for an amount of 673.01, the particulars of the claim are as follows- this claim is for £673.01 the amount due under agreement between the original creditor and the defendant to provide finance and / or services and/ goods . This debt was assigned to / purchased by Lowell portfolio on xx/xx/2009 and noticed served pursuant to law of property act 1925
    Particulars
    re-O2 (uk) ltd
    acc no xxxxxxxxxx

    and the claimant claims £673.01
    the claimant 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 limit to a maximum of one year and a maximum of 1000 amounting to £53.84 .....

    I believe this debt to be statues barred as I got a credit report in 2012 and looking at that it says communications supplier from 02 Preston brook
    status settled , start date xx/06/2007 date updated xx/11/2007 date satisfied xx/11/2007 .... There is also an item on there where lowells have turned this debt into a credit card agreement, it is as follows -- credit card from Lowell portfolio
    current balance 673.00 , status defaulted /delinquent balance 813.00
    start date xx/06/2007 ,, date updated xx/10/2011 ,,, default date xx/05/2008 the payment history on this is 2008 jan- yellow box with no.2 in it , then you have red boxes with as follows Feb-3 mar-4, apr-6 and March -d ,

    i wish to contest this as I believe to be statue barred , I need a step by step way to do this . Any help or advice would be much appreciated
    kind regards Tolsky
    Tags: None

  • #2
    Re: County court claim from Lowell portfolio/Brian Carter solicitors

    Reading other posts on the same issue I have acknlodged service tonight online and contesting the full amount,
    Any help would be appreciated please
    Regards tolsky

    Comment


    • #3
      Re: County court claim from Lowell portfolio/Brian Carter solicitors

      would be grateful if someone could give me some advice

      Comment


      • #4
        Re: County court claim from Lowell portfolio/Brian Carter solicitors

        Originally posted by Tolsky View Post
        Hi, today I have received a county court claim form from Lowell/ Bryan Carter for an amount of 673.01, the particulars of the claim are as follows- this claim is for £673.01 the amount due under agreement between the original creditor and the defendant to provide finance and / or services and/ goods . This debt was assigned to / purchased by Lowell portfolio on xx/xx/2009 and noticed served pursuant to law of property act 1925
        Particulars
        re-O2 (uk) ltd
        acc no xxxxxxxxxx

        and the claimant claims £673.01
        the claimant 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 limit to a maximum of one year and a maximum of 1000 amounting to £53.84 .....

        I believe this debt to be statues barred as I got a credit report in 2012 and looking at that it says communications supplier from 02 Preston brook
        status settled , start date xx/06/2007 date updated xx/11/2007 date satisfied xx/11/2007 .... There is also an item on there where lowells have turned this debt into a credit card agreement, it is as follows -- credit card from Lowell portfolio
        current balance 673.00 , status defaulted /delinquent balance 813.00
        start date xx/06/2007 ,, date updated xx/10/2011 ,,, default date xx/05/2008 the payment history on this is 2008 jan-
        yellow box with no.2 in it , then you have red boxes with as follows Feb-3 mar-4, apr-6 and March -d ,

        i wish to contest this as I believe to be statue barred , I need a step by step way to do this . Any help or advice would be much appreciated
        kind regards Tolsky
        If you haven't made any payments after January 2008, then it's definitely statute barred. :clap2: :clap2:

        Your first step should be to acknowledge the debt, which you can do online. You need to acknowledge within 14 days and you get a further 14 days to submit a defence, a total of 33 days from date on claim. This is a useful calculator: http://www.timeanddate.com/date/dateadd.html :clock:

        [EDIT] I Note you've already done that. :thumb:

        For reference, this thread outlines the usual process to be followed upon receipt of a court claim: http://www.legalbeagles.info/forums/...it-Court-Claim However, it should be noted that the CCA request wouldn't apply to a mobile contract because it's not a credit agreement (despite that entry on your credit file).

        An example SBd defence can be found here: http://www.legalbeagles.info/forums/...010#post496010

        Comment


        • #5
          Re: County court claim from Lowell portfolio/Brian Carter solicitors

          Thank you for your reply I will get this done today , cheers

          Comment


          • #6
            Re: County court claim from Lowell portfolio/Brian Carter solicitors

            Just another word to clarify something if I have acknowledged with the county court on 27/11/2014 and will send cpr 31.14 to b Carter on 3/12/14 by reg post what date do I have to put my defence in as I'm aware that b Carter won't let me hav extra time ,

            Comment


            • #7
              Re: County court claim from Lowell portfolio/Brian Carter solicitors

              Originally posted by Tolsky View Post
              Just another word to clarify something if I have acknowledged with the county court on 27/11/2014 and will send cpr 31.14 to b Carter on 3/12/14 by reg post what date do I have to put my defence in as I'm aware that b Carter won't let me hav extra time ,
              33 days from the date of issue on the form if they won't grant any extension.

              Comment


              • #8
                Re: County court claim from Lowell portfolio/Brian Carter solicitors

                Thank you

                Comment


                • #9
                  Re: County court claim from Lowell portfolio/Brian Carter solicitors

                  Ok , today I recieved the latter from Brian Carter it goes as follows
                  we write further to your letter dated x/12/2014 regarding disclosure under part 31 of civil procedure rule .
                  We confirm the claim form was issued by the county court at Northampton buisiness centre and that the courts protocol was followed when issuing the claimants particulars of the claim . Practice direction 7c point 1.4 (3a) eliminates the requirements to attach the documents to the particulars of claim when they are issued by this court .
                  We will confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply . In any notices of default and assignment left the control of the claimant when the were dispatched to you .
                  It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and,in this regard , we ask you refer to your own records
                  we confirm our client is not agreeable to an extension for filing your defence.
                  as you are well aware a claim was issued in this matter on xx/nov/2014 and we are in receipt of your acknowladgement of service . Please respond to the claim using the response pack provided by the court , you should comply with deadlines outlined by the court in order in order to avoid a default judgement being entered against you .
                  we recommend you seek independent legal advice .....

                  Can the legal beagles recommend my next move fight this .. Cheers

                  Comment


                  • #10
                    Re: County court claim from Lowell portfolio/Brian Carter solicitors

                    standard reply - ignore they are suppose to until allocation, their usual antics

                    http://www.legalbeagles.info/forums/...85#post410385;

                    Comment


                    • #11
                      Re: County court claim from Lowell portfolio/Brian Carter solicitors

                      So what do I do now ,

                      Comment


                      • #12
                        Re: County court claim from Lowell portfolio/Brian Carter solicitors

                        Originally posted by Tolsky View Post
                        Ok , today I recieved the latter from Brian Carter it goes as follows
                        we write further to your letter dated x/12/2014 regarding disclosure under part 31 of civil procedure rule .
                        We confirm the claim form was issued by the county court at Northampton buisiness centre and that the courts protocol was followed when issuing the claimants particulars of the claim . Practice direction 7c point 1.4 (3a) eliminates the requirements to attach the documents to the particulars of claim when they are issued by this court .
                        We will confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply . In any notices of default and assignment left the control of the claimant when the were dispatched to you .
                        It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and,in this regard , we ask you refer to your own records
                        we confirm our client is not agreeable to an extension for filing your defence.
                        as you are well aware a claim was issued in this matter on xx/nov/2014 and we are in receipt of your acknowladgement of service . Please respond to the claim using the response pack provided by the court , you should comply with deadlines outlined by the court in order in order to avoid a default judgement being entered against you .
                        we recommend you seek independent legal advice .....

                        Can the legal beagles recommend my next move fight this .. Cheers
                        Originally posted by Tolsky View Post
                        So what do I do now ,
                        This is BC's standard template letter they send in response to each and every request.

                        You have two options:
                        1. Argue their points by sending this letter: http://www.legalbeagles.info/forums/...85#post410385; or
                        2. Go ahead and submit a statute barred defence. I note above you believe this to be SBd.

                        Comment


                        • #13
                          Re: County court claim from Lowell portfolio/Brian Carter solicitors

                          Ok I have just copied that document and will send this off tomorrow registerd post , thanks again for your help

                          Comment


                          • #14
                            Re: County court claim from Lowell portfolio/Brian Carter solicitors

                            Hi there, I sent off document that flaming parrot advised about arguing the case , I recieved a letter today from Brian Carter solicitors which is exactly the same response I got last time , i would like to use this against them as well as the statue barred defence if I can , can anyone advise me on the procedure , thanks

                            Comment


                            • #15
                              Re: County court claim from Lowell portfolio/Brian Carter solicitors

                              Include it in your defence, when's your defence due in ? That'll be mainly on the SB point.

                              I notice earlier you said they have turned it into a credit card - is that just what it shows as on your credit file or somewhere else ? As if they are saying it is a credit card they will need to produce the credit agreement.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse

                              Support LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X