Carter/lowells - Claim form shop direct catalogue debt***Claim Discontinued***

[liamuk]

Sorry a bit confused now - so are you saying a copy of the orignal aggreement would not be engouth - as they never mentioned on the claim form?The below is also what I was thinking of sending......

[liamuk]

Re: (Lowell Portfolio 1 ltd ) v ************ Case No: ****************CPR 31.14 RequestOn the ***February 2014 I received the Claim Form in this case issued by you out of the Northampton county court.I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your claim. Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request has not been fulfilled as yet and was sent to both Lowell portfolio and Bryan carter.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 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.2: the assignment3: the default notice4: the termination notice5: statement of accountAlthough your claim is for a sum which is not more than £10,000.00 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© 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.

Edited February 27, 2014 by liamuk
Trying to put into paragraphs???

[AndyOrch]

Sorry a bit confused now - so are you saying a copy of the orignal aggreement would not be engouth - as they never mentioned on the claim form?The below is also what I was thinking of sending......

 

Yes they have referred to an agreement within their particulars....but the problem we face with cat debts is that you probably never signed one and in most cases your first purchase and payment acts as an acknowledgment of the agreement.

 

By all means request a copy but not by way of the CPR 31.14 but by using a section 78 request.

[liamuk]

So i had sent requests for the copy of aggreements - i think the account was opened around 2004.Do i ask for any other documents if not CPR 31.14? i remeber when I first fell behind SD and then Lowells were not helpful so I dug my head in the sand.What also worries me is how much I have probably been stung for charges etc.

[AndyOrch]

Yes use the CPR 31.14 for anything else referred...but its not as powerful as a section 77/78 request...if they dont have to respond to a CPR 31 request they must to a section 77/78 request or they will be in default when you submit a defence.

[liamuk]

Well today recieved a letter from BC in response to my cca request saying they had requested from there client and in the meantime my account is on hold?

 

Account surely can't be on hold when they have issued a county court?

[BRIGADIER2JCS]

Yes they can put it on hold and not continue the court process until the CCA is produced.

[liamuk]

Well they never mentioned the court action it looked more like a standard letter. In the meantime I will await there response to the CPR31.14 request.

[Sidewinder]

Still watch the deadlines though and remind Carters if the documents do not arrive. It wouldn't be the first case where something arrives at the last minute and they go for a default judgment!

[fletch70]

Yes they have referred to an agreement within their particulars....but the problem we face with cat debts is that you probably never signed one and in most cases your first purchase and payment acts as an acknowledgment of the agreement.

 

By all means request a copy but not by way of the CPR 31.14 but by using a section 78 request.

 

Andy

As this is from 2002 surely they need to provide a signed agreement or show that on balance an agreement was signed. I know this needs an affirmative defence and for the OP to have some idea of how they actually opened the account but with catalogues I would have thought it is much easier to show nothing was signed as they do not have processes in place

[liamuk]

Still watch the deadlines though and remind Carters if the documents do not arrive. It wouldn't be the first case where something arrives at the last minute and they go for a default judgment!

 

Yess i will keep a eye on deadlines and come back when I hear. Have been reading through a lot of the tactics BC and co get upto.

[liamuk]

Andy

As this is from 2002 surely they need to provide a signed agreement or show that on balance an agreement was signed. I know this needs an affirmative defence and for the OP to have some idea of how they actually opened the account but with catalogues I would have thought it is much easier to show nothing was signed as they do not have processes in place

 

This account was opened in 2005.

 

What I do know is I opened via there website. At one stage I had different accounts with there different brands.

[fletch70]

Ah 2005. The issue there is that digital signatures became valid in 2005 so if they can show that you would have had to seen all the PT's at the time of signing and they they sent you T&C's you may be in trouble however making them prove it all may be beneficial

[liamuk]

Ah 2005. The issue there is that digital signatures became valid in 2005 so if they can show that you would have had to seen all the PT's at the time of signing and they they sent you T&C's you may be in trouble however making them prove it all may be beneficial

 

Thanks - I would imagine on which month this became effective. Also maybe the best I can expect is to contest charges.

[liamuk]

Quick question guy's - if tyhe date on the claim is 21/2 when would you recomened I get my defence in by? Also assuming BC and co send me the information required?

[fletch70]

If the date is 21st acknowlege by 12th march defence by 26th. Probably best to be one day before to be safe

[liamuk]

Ok guy's had a reply from BC....really strange one as looking around never seen anyone else hae a reply like this...

 

'we can confirm the cliam was issued as per protocol etc'

'the claim will most probably be allocated to the small claims track as its a simple contract matter'

'in the event the default notice and assigment left the claimant when it was sent to me and its upto you to find'

'its the origanal creditors policy to issue agreements at the start with your statements and its up to you to refer to your records'

'we are not agreeable to a extension for filing your defence'

 

they also say that i am requesting disclourse under part 31 (thought it was part 31.14).

 

I have done something wrong????

[oleg]

Maybe you've read the wrong threads. This whitewash is in fact the standard Carter template reply.

[liamuk]

Maybe you've read the wrong threads. This whitewash is in fact the standard Carter template reply.

 

yes seen some coments but not these...

 

'we are not agreeable to a extension for filing your defence'

 

they also say that i am requesting disclourse under part 31 (thought it was part 31.14).

 

so wonder what my next step is and if they can object to me putting a defence in?

[mjt2013]

31.14 is one of the Rules within Part 31, you can check the complete thing online

[liamuk]

so what I have done so far is..

 

cca request to BC (who replied and said they have passed to Lowells)

cca request to Lowells - no reply to date

sar request to origanl creditor - no reply to date

request of part 31.14 sent o BC - response as post 42

 

what do I do next? Do I wait and get my defence ready?

[fletch70]

What's your timeline for getting the defence in?

 

Get it in sooner rather than later

Edit

sorry just read back. Got over 2 weeks yet.

[AndyOrch]

You should have been contemplating your defence the day the claim arrived...a defence is not based on documents you have requested and they have not complied with.

 

Andy

[fedupwithbankpwm]

Any updates on this thread? Very similar to my situation I am currently fighting two claims at the same time, my defence is quite simple, first claim is the debt is not on my credit file and have no idea what it is (apart from their reference number which is credit card type), the second claim (I think) is for a credit card that was opened in 2010 for £200 limit but is now around £370, all charges I think!!

 

 

I have sent CCA to DCA and CPR 31.14 to BC and had same reply from BC as post 42.

[dx100uk]

Any updates on this thread? Very similar to my situation I am currently fighting two claims at the same time, my defence is quite simple, first claim is the debt is not on my credit file and have no idea what it is (apart from their reference number which is credit card type), the second claim (I think) is for a credit card that was opened in 2010 for £200 limit but is now around £370, all charges I think!!

 

 

I have sent CCA to DCA and CPR 31.14 to BC and had same reply from BC as post 42.

 

you need to start your own threads please

 

start a new thread

 

dx