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Remy3

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  1. Remy3
    Good Evening, I have received a response from Bryan Carter, It say's We write further to your letter of (Date) requesting disclosure under Part 31 of the civil procedure rules. We 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 event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you. It is the original creditors policy to issue at the start of the contract and statements throughout the duration of the agreement and , in this regard, we ask you to refer to your own records. We confirm our client is not agreeable to an extension for filling the defence. (Spelling is theirs) As you will be aware a claim was issued in this matter on 21st January 2015 and we are in receipt of your acknowledgement of service. Please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgment being entered against you. We recommend that you seek independent legal advice. Yours sincerely BC
  2. Remy3
    Lowells CPR 31:14 done
  3. Remy3
    Thank you, I have sent off the SAR to Orange and registered with Noddle. Noddle shows the account began on 17/01/2009 and defaulted on 26/11/2012 I am just starting the LOWELLS CPR 31:14 Many thanks
  4. Remy3
    Thanks, I will check my file and send the form off to Lowells. No we have not moved since. Thanks
  5. Remy3
    Thanks for the date correction
  6. Remy3
    The claim is for £164.95, the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. This debt was assigned to/purchased by Lowell Portfolio l Ltd on 29/08/14 and notice served pursuant to the law of the property act 1925. Particulars Re Orange A/C ********** and the claimant claims £164.95 The claimant also claims statutory interest pursuant to s.69 of the country act 1984 at a rate of 8% per annum from the date of the assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 5.21 Thanks
  7. Remy3
    Thanks you for the advice on additional time. I just thought it was to give me more time.
  8. Remy3
    Name of the Claimant Lowell Portfolio I Ltd, Ellington House Date of issue 21st Jan 2015 Date of issue 21st + 19 days ( 5 day for service + 14 days to acknowledge) 9th Feb + 14 days to submit defence = 4pm Friday 20th Feb What is the claim for – The claim is for £164.95, the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. This debt was assigned to/purchased by Lowell Portfolio l Ltd on 29/08/14 and notice served pursuant to the law of the property act 1925. Particulars Re orange A/C ********** and the claimant claims £164.95 The claimant also claims statutory interest pursuant to s.69 of the country act 1984 at a rate of 8% per annum from the date of the assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 5.21 What is the value of the claim? £245.16 Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account? Mobile phone account When did you enter into the original agreement before or after 2007? ? Unsure of the start date, 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. By Lowell the debt purchaser? Were you aware the account had been assigned – did you receive a Notice of Assignment? Can't remember Did you receive a Default Notice from the original creditor? Again, sorry can't recall? Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again, No recollection Why did you cease payments? Lack of signal after 3 months of complaints What was the date of your last payment? Sorry, can not remember, it was over 2-3 years ago Was there a dispute with the original creditor that remains unresolved? I suppose the lack of signal. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No just complaints about lack of signal.
  9. Remy3
    Hello, I hope that I am on the right forum/ thread. I have received a CCJ claim form for an old mobile phone that was with Orange. It is from Bryan Carter solicitors on behalf of Lowell Portfolio. I have responded at MCOL tonight stating the intention to defend and asked for additional time. The claim was issued on the 21st Jan. We constantly had issues with the signal of the phone and called numerous times over the three months before we stopped paying the contract and took another contract out with another company who provided us with a vastly improved signal. On the times that we called they agreed that there was issues with the local mast being out of order and they admitted that there was a problem. However we have no evidence of these conversations, although I would hope they are on a call log somewhere. There is no information at all about this account with the claim form, No dates of original contract etc. We estimate that we had the contract about 3-4 years ago, possibly longer. The amount is for less than £200. Your advice and help would be greatly appreciated.Many thanks
  10. Remy3
    Hello, Sorry to jump in on this thread but it is identical to what is happening to me at the moment, Even the dates match exactly!!! The only difference is that MC have not stated a date for the extension whilst they find the requested documents, (Your 3 & 4, I didn't request 5) My defense has to be filed by the 8th, Can some one advise please on the defense needed for them not sending the documents requested. I could also use the defense of SB as the default note marked on my credit record is just over 6 years old, but I do not have bank statement evidence of any payments and it is all very borderline regarding the date of the last payment being over 6 years ago hence the need to use an alternative defense. I really hope someone can help by tomorrow. Thanks
  11. Remy3
    Well, I went to the court. Be warned, it took at least 20 minutes to queue to get through security. I was still early though. I was not offered a duty solicitor and there was none available. I met the solicitor who was representing the mortgage company who introduced her self and asked me if I had any question. We went in after waiting over 40 minutes over the allocated time. I was only second hearing of the day and the other hearing had finished way before our allocated time. Many people on here say that the judges are sympathetic to us, taking into account our nerves. Well, no. This one didn't even look down at me. (He was sat on a level higher in a small typical court room, The only other person was the other solicitor and we were instructed to sit three rows back in another wise empty room.) He NEVER even looked up. He never made eye contact or asked me anything. He didn't check that I understood or asked me if I had anything to say. He just dispensed the judgement for a suspended possession order and we left. Two minutes or less I reckon. The paper work I took just stayed in the file. I assumed he had read the copy that I took to the court the week before but I never saw any evidence of this. Don't get me wrong. I never expected an easy ride but he was so rude on a basic human level and never even acknowledged my presence. So there the judgement stand, Suspended possession with normal monthly payments plus £50. Thank you Ell-enn for your help, You and you alone made me feel as if I was supported and that someone cared enough to help me, even acknowledge me, something that a supposed highly respected member of society couldn't afford me the manners of. You should be proud and I really hope that you are recognised for the help that you give. I will 'pay it forward' with my own skills to someone who needs help Thank you again.
  12. Remy3
    Thank you very much for your help. I will take the pack on Monday and keep you informed. Again, I really appreciate your help.
  13. Remy3
    How much was the paymetn on 27th Feb? i.e. how much towards the arrears ? Normal £648 plus £50 towards the arrears , thank you
  14. Remy3
    Thanks, the answers are below, How much are you proposing to pay towards the arrears until the other property is sold? It will be £50 per month When did you make the last payment? It was 27th feb When can you make next payment? 27th march
  15. Remy3
    Monday, is the soonest I can deliver it by hand. Or can it be next day signed for delivery?

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