Carter/Lowell Court Claim Form - Old Orange Mobile Debt***Claim Discontinued***

[johnfitz26]

Hello helpfull people.

 

My partner has had a court letter from Bryan Carter on behalf of Lowell Financial.

 

I really don't know where to start. It was from an old Orange contract not sure when from. Thing is shes still an orange monthly contract payer so not sure how this works. She now owes them £224.76 with court and solicitors fees.

 

Just need the next steps to take.

 

Thanks in advance

[ims21]

When you say a court letter is it an N1 claim form from the court or a threatening letter from Carter?

[johnfitz26]

Hi Yes its a letter which looks like its from Northampton Court (im in Birmingham) with a claim number

[ims21]

Ok can you post up the date if issue of the claim and the Particulars of Claim verbatim but leaving out any personal identifiers and round the figures to a sum slightly different to that shown on the form.

[johnfitz26]

Issue Date 09/10/13

 

The claim is for £145.71

the amount due under an agreement between the orginal creditor and the defendant

to provide finance and or services and or goods.

 

The debt was assigned to/purchased by Lowell Portfolio on 30/08/12

and noticed served pursuant to the law or property act 1925

 

particulars ikano financial services ac ********

and the claiment claims £145.71.

 

The claiment also claims interest persuant to S69 county court act 1984

from 30/08/12 to date at 8% per anum amounting to £12.99

[ims21]

I have moved you to the legal forum where the guys will be along to help as soon as they are available.

[Andyorch]

Hi John

 

Follow this thread/advice which started today its mirror image of your situation...you are not alone.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406055-Lowell-Bryan-Carter-claim-form-for-old-o2-mobile-debt(2-Viewing)-nbsp

 

Regards

 

Andy

[johnfitz26]

Hi Andy thanks for that. I've read it but it doesnt say what letter to send to them and who to send it to Bryan Carter or Lowel Financial

[Andyorch]

You dont send anything to Carter or Lowell from the N1 pack (Summons) it can all be done on line using MCOL.

 

If you require copies of documents that they have referred to within their claim then you send a CPR 31.14 request to Carter.(assuming you wish to defend it)

 

Link :- http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Regards

 

Andy

[johnfitz26]

Ok letter printed and ready to go i will update if i hear anything.

 

Thanks for everyones help.

 

John

[Andyorch]

Dont forget to follow the instructions in the summons pack you must acknowledge service and state your plea within 19 days of the date...otherwise your partner gets a CCJ by default.

[johnfitz26]

Hey peeps.

 

So i sent my letter and just seen the reply above what do i say in my defence so not to get an automatic CCJ?

[Andyorch]

Your claim was issued on the 9th October (5 days deemed served) so you must acknowledge service by the 27th Oct and state your intention to defend or admit.If you are defending you have a further 14 days to submit your defence...... 9th November.

 

 

john submitting defence does not mean you will not a get a CCJ...depends on the District Judge and if your defence has merit.Acknowledging service stops them getting a judgment by default but you then have to follow the process.

[johnfitz26]

i have logged

clicked the button that says i wish to defend all of the claim

but then i have no defence

i havnt clue how to defend it.

 

I have sent a cca request to Bryan Carter shall i wait and see what i get back?

 

Sorry im being so thick my knowledge on this is nil

[dx100uk]

no good sending a CCA request for a mobile contract

that's a service agreement [see post 9 above by andy]

 

read this thread

 

dx

http://www.consumeractiongroup.co.uk/forum/showthread.php?406672-Lowell-Carter-claim-form-old-mobile-debt-Possible-to-defend-(3-Viewing)-nbsp&p=4375113#post4375113

[johnfitz26]

i have had a letter back from Bryan Carter Solicitors

 

We write further to your letter dated 15/10/13 requesting disclousure under part 31 of the civil procedure rules and request for extension.

 

We confirm the claim form was issued by northampton county court bulk centre

and the courts protocol was followed when issuing the claimants particulars of claim.

Practice Direction 7c point 1.4 (3a) eliminates the requirement to attach the documents to the particulars of claim when they are issues by this court.

 

We confirm that the claim 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.

We confirm that we have netherless requested documentation from our client and hope to revert to you shortly although this will not be within 7 days.

 

It is the original creditors policy to issue agreements on or around the date of the contract

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

 

We confirm we are agreeable to an extension of 14 days to allow you more time to prepare and file your defence.

 

Please note that we have not yet been informed that you have filed the acknowledgment of service.

As you will be aware a claim was issued in this matter on 9th oct 2013.

Please respond to the claim using the responce pack provided by the court.

You should comply with the deadlines outlines by the court to avoid a default judgment being entered against you.

 

Any ideas on what next?

I thought they had 7 days to produce an agreement that she signed or any proof the debt is owed?

 

Thanks again

[dx100uk]

what is this muppet on about..

CPR 31.14 does not apply?

what planet she on..

 

he must produce the docs he wishes to rely upon in court.

 

urm..not another case we are going to see carter run away from and leave it to claimant to do...

 

oh and have you spotted

 

this is a ikea card debt? ikano financial services ltd

 

ring any bells?

 

dx

[johnfitz26]

Ok im wonder what to do on this now the last letter i had was on 22nd Oct from Bryan Carter which was detailed above. She has had a letter from the court Notice of Proposed Allocation to the Small Claims Track. What shall i do with this Bryan Carter havnt come up with the original agreement yet.

 

 

Thank you people.

[Andyorch]

If you have received Notice of Proposed Allocation to the small claim I assume you have completed and submitted your DQ...dont worry about Carter for now.

[johnfitz26]

DQ? If this is the defence forms online then yes. If not whats DQ?? Just wondering do i have to do anything with the letter or just sit tight and wait to hear from Bryan Carter?

[Andyorch]

Directions Questionnaire....In your case the N180...this allocates the claim to thread which triggers Notice of Proposed Allocation.I doubt you will hear again from Mr Carter.

[johnfitz26]

OK now im confused. Receive a letter today Saying we enclose a copy of the claimants directions questionnaire The claimant is prepared to settle this matter outside of court and we look forward to hearing from you regarding negotiations.

 

Attached is the court directions questionnaire. The confusing part is it says Capital one Europe PLC VS the person in question. The last letter i had was lowell portfolio 1 limited vs the person in question. The Notice of proposed allocation also says Lowell Portfolio.

 

So what to do next and whats going on with all the different changes of company names.

 

All help appreciated.

[johnfitz26]

Hold on just noticed as well that this Directions Letter i have received this morning company says Lowell Portfolio 1 LTD (letter attached from BC says Capital one PLC)

 

Under the contact name ITS COMPLETELY DIFFERENT!!!! its a mans name the person in question is female !!!! Whats going on !!!!!

[BRIGADIER2JCS]

Carter has got himself confused again if Lowell Portfolio 1 is mentioned can assume it is the owner of the account and that the mention of Cap 1 will be as the original creditor (debt arising from an account with)

[Mike_hawk]

Hold on just noticed as well that this Directions Letter i have recieved this morning company says Lowell Portfolio 1 LTD (letter attached from BC says Capital one PLC)

 

Under the contact name ITS COMPLETELY DIFFERENT!!!! its a mans name the person in question is female !!!! Whats going on !!!!!

 

Does it contain any identifiable personal data (bar the other parties name)... service address etc?