Court claim form courtesy carter/lowells o2 phone debt 2007

[dontknow1]

Hi All,

I have received a court claim form with issue date 25th Feb 2014.

 

This relates to a pretty ancient phone bill which I believe should be statute barred.

The amount is not massive so if it really came down to it then I can pay this back.

 

However, I do intend to contest this but don't want a CCJ against my credit file.

Should I instead just settle right now?

 

Any advise on the defence and template suggestions will be really appreciated.

 

I have to acknowledge and reply to the court within the next couple of days.

 

I understand that I have left this a bit late.

 

Many Thanks,

 

P.S. I have not sent out a request to Bryan Carter for the original credit agreement to prove the age of the debt.

Do you think I should do this right now?

[Bazooka Boo]

You say ancient, how ancient?

 

Poxy phone bill, defend it fully, guarantee Bryan bloody carter will not have a cat in hells chance of enforcing this!

 

It's a service agreement, and doesn't fall under the CCA.

How much is it?

Who is the phone company BT?

[dx100uk]

you cant CCA a phone debt

 

can you please type out the PoC of the claimform please EXACTLY as its typed

removing pers info.

 

dx

[dontknow1]

Hi Bazooka Boo,

Thank you for your response.

 

The original company is o2 and Im pretty certain that the last payment/contact was in 2007.

 

However, on my credit file the o2 account is marked as settled in 11/2008

while there is a more recent entry of the same amount from Lowell.

 

The amount has been jacked up from 200 odd to 300 odd in the claim (interest et al.).

 

Can you advise on the best course of action?

 

How should I proceed with the defence?

Templates/ structure would be most helpful to get these leeches off my back.

 

Also, what is the worst case scenario if the courts decide to judge in favour of bryan carter?

 

Would I have a CCJ recorded in my credit file?

 

Or can I just pay them after the judge rules in their favour and not have any ramifications on my credit file.

 

Apologies for all these questions.

I really appreciate your help in the matter.

 

Thanks.

[dx100uk]

you still have time to ack the claim on MCOL.

 

register with MCOL

 

then use the password to

defend all

jurist leave unticked

[dx100uk]

get a CRP 31:14 off to LOWELLS 1st thing Monday.

 

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.

[dontknow1]

Hi Dx100uk,

Thanks for the above.

The particulars are as follows:

 

THIS CLAIM IS FOR XXXX THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND /OR SERVICES AND/ OR GOODS.

THE DEBT WAS ASSIGNED TO/ PURCHASED BY LOWELL PORTFOLIO I LTD

ON XX/XX/2010 AND NOTICES SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

 

PARTICULARS

RE: O2 (UK) LTD

A/C NO. XXXX

AND THE CLAIMANT CLAIMS XXXX

THE CLAIMANT ALSO CLAIMS INTEREST PURSUANT TO S69 COUNTRY COURT ACT 1984 FROM XX/XX/XX TO DATE AT X% PER ANNUM AMOUNTING TO XX.

 

----

 

Kind Regards,

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419164-Lowell-taking-me-to-Court.-O2-debt.&p=4486095#post4486095

[dx100uk]

Hi Dx100uk,

Thanks for the above.

The particulars are as follows:

 

THIS CLAIM IS FOR XXXX THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND /OR SERVICES AND/ OR GOODS.

THE DEBT WAS ASSIGNED TO/ PURCHASED BY LOWELL PORTFOLIO I LTD

ON XX/XX/2010 AND NOTICES SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

 

PARTICULARS

RE: O2 (UK) LTD

A/C NO. XXXX

AND THE CLAIMANT CLAIMS XXXX

THE CLAIMANT ALSO CLAIMS INTEREST PURSUANT TO S69 COUNTRY COURT ACT 1984 FROM XX/XX/XX TO DATE AT X% PER ANNUM AMOUNTING TO XX.

 

----

 

Kind Regards,

 

usual crap/vague PoC

theres no agreement on a mobile debt

so be interesting to see silly boy carter produce one:lol:

 

moved you to the legal forum

lots here to read

what is the defaulted date on your cra file

[dontknow1]

Hi Dx100uk.

 

So as mentioned before there are two entries on my credit file for this.

 

1. O2 = Settled

Started= 09/2008 Settlement Date = 10/2008

So clearly this one is settled.

-----------

 

2. Lowell Portfolio = Default

 

Started = 10/2007 Default date = 04/2009

 

-----------

 

I am very certain the last payment/contact was 2007. In my understanding this would make the whole thing statute barred. I hope you agree.

 

Thank you for all your feedback.

So to summarise, I will be doing the following:

 

1. Going to MCOL. Select: Defend all.

Do I need to provide any line of argument for the defence right now? Template?

 

2. Fire off a CPR31:14 to Bryan Carter first thing Monday morning. Should I use the template for current account in this case?

 

 

Meanwhile, I will be sure to review more literature available on this website. Once again, thank you very much for your help.

[letsgetitsorted]

my thread is here, it is for a mobile account

this will show why you should defend all

http://www.consumeractiongroup.co.uk/forum/showthread.php?415751-Lowell-Carter-48hrs-letter-now-claim-form-Orange-BB-dongle-debt&p=4483332#post4483332

[citizenB]

Hi Dx100uk.

 

So as mentioned before there are two entries on my credit file for this.

 

1. O2 = Settled

Started= 09/2008 Settlement Date = 10/2008

So clearly this one is settled.

-----------

 

2. Lowell Portfolio = Default

 

Started = 10/2007 Default date = 04/2009

 

-----------

 

I am very certain the last payment/contact was 2007. In my understanding this would make the whole thing statute barred. I hope you agree.

 

Thank you for all your feedback.

So to summarise, I will be doing the following:

 

1. Going to MCOL. Select: Defend all.

Do I need to provide any line of argument for the defence right now? Template?

 

2. Fire off a CPR31:14 to Bryan Carter first thing Monday morning. Should I use the template for current account in this case?

 

 

Meanwhile, I will be sure to review more literature available on this website. Once again, thank you very much for your help.

 

You should add at least 6-8 weeks from the last payment date in order to ensure a debt is statute barred.

 

Your timeline is..

 

Date of issue - 25.02.2014 + 5 days for service = 02.03.2014 + 14 days to acknowledge = 16.03.2014 + 14 days to submit defence = 30.03.2014.

 

If you were to defend and lose - you have 28 days in which to repay the Judgment debt to avoid having a County Court Judgment listed against you.

[fkofilee]

DX is right here,

this is a potential win situation if you can get BC to back down by defending.

 

Also if it does go to court and you lose then you do have that 28 days to pay it off

and it wont appear on your Credit File. (I dont know if the CCJ gets anulled from the records)

 

If it is SB then you can use this as a piece / full defence. I think youll do well here.

[Bazooka Boo]

SB is an absolute defence if it is indeed SB....

[AndyOrch]

So as mentioned before there are two entries on my credit file for this.

 

1. O2 = Settled

Started= 09/2008 Settlement Date = 10/2008

" So clearly this one is settled.

-----------

 

2. Lowell Portfolio = Default

 

Started = 10/2007 Default date = 04/2009"

 

 

THE DEBT WAS ASSIGNED TO/ PURCHASED BY LOWELL PORTFOLIO I LTD

ON XX/XX/2010 AND NOTICES SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

 

 

Strange considering Lowell only purchased the debt in 2010

 

Regards

 

Andy

[dontknow1]

Hi All,

I took my eye off the ball these past few days. I think I really need to get this sorted now.

 

I have acknowledged the debt but need to get the defence out pretty soon.

 

Now, given that my defence is based on the debt being unenforceable for being statute barred,

do I need to attack this on any other front.

 

Do I still need to get CPR 31:14 out to Bryan Carter or is it too late?

Also, have you guys spotted a statute barred defence template?

I was looking to have a go along the following lines:

 

1. I xxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by Lowell Portfolio 1 RE Lowell Financial Ltd.

 

2. Under Section 5 of the Limitation Act 1980, the amount claimed is statute barred. The last payment to this debt was made over 6 years ago and no more acknowledgment or payment has been made since that time. In this regard the claimant is put to strict proof to:

(i) Provide evidence of payment from the defendant in the period covering six years prior to the claim .

(iii) Provide evidence of written contact from the defendant in the period covering six years prior to the claim.

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

-----------------------------

 

It would be good to get some feedback from you guys.

 

Many thanks for your help.

[dx100uk]

so you've not actioned post 6

[dontknow1]

Hi dx100uk,

No I haven't yet. But I can get this done first thing tomorrow morning.

I still have time till 30/03/2014.

 

Thanks.

[DonkeyB]

have you actually checked when a last payment really was made? You are basing your whole defence on a guess at the moment.

[dontknow1]

HI DonkeyB, Im working on pure memory.

I don't have any documents verifying the last payment made but Im guessing neither do they.

 

Dx100uk - Don't give up on me!

 

I have sent the CPR request.

I have requested more time for filing my defence with regards to allowing them 7 days to comply with my CPR request.

 

However, I thought the best way forward was to go down the statutory expiration route.

 

now that I have sent this should I wait for a couple of days and go ahead with the defence regardless?

 

Any feedback on the defence would really be appreciated.

 

Many Thanks - you guys have been very helpful.

 

P.S. I acknowledged the debt on 13/03/2014.

[DonkeyB]

Hi Dx100uk.

 

So as mentioned before there are two entries on my credit file for this.

 

1. O2 = Settled

Started= 09/2008 Settlement Date = 10/2008

So clearly this one is settled.

-----------

 

2. Lowell Portfolio = Default

 

Started = 10/2007 Default date = 04/2009

 

-----------

 

I am very certain the last payment/contact was 2007. In my understanding this would make the whole thing statute barred. I hope you agree.

 

Thank you for all your feedback.

So to summarise, I will be doing the following:

 

1. Going to MCOL. Select: Defend all.

Do I need to provide any line of argument for the defence right now? Template?

 

2. Fire off a CPR31:14 to Bryan Carter first thing Monday morning. Should I use the template for current account in this case?

 

 

Meanwhile, I will be sure to review more literature available on this website. Once again, thank you very much for your help.

 

I’m not sure this is as clean cut as you think, as Andy implied in post #16.

 

O2 and Lowell seem to think the account started at different times. And there should not be two entries for the same account.

 

O2’s ‘settled’ marker simply usually they have written it off, and sold it. You should be asking why Lowell have a different start date. Did they really only buy it in 2010?

 

You should also be querying why the default date was recorded six months after O2 say the account was settled.

 

You really need to do some digging to find some payment history on this. Maybe call O2 and see what they have – they are obliged to keep records for at least six years from the ending of an account. So don’t take any rubbish if they say they don’t have the info. Ask them exactly when, and to who, they sold it.

 

You should also call your bank and try and get a statement from a period of just over six years from when the claim was issued. If there were no payments in that month, it‘s likely to be SB.

 

If you defend on the basis of SB, and it isn’t, you’ll lose!

 

And even if you acknowledged the debt on 13/3, if there was a clear period of six years since the last payment, it remains SB.

[DonkeyB]

What would really help is some info surrounding the opening, use and closing of the account. What happened?

 

I’m getting a bit concerned that so much advice is given with so few facts at hand!

[dontknow1]

Hi All,

I received a response from Bryan Carter today which reads as follows:

 

We write further to your letter dated XXXX2014 requesting disclosure under Part 31 of the Civil Procedure Rules.

 

We confirm the Claim Form was issued by the Northampton County Court Bulk Centre

and that the Court's Protocol was followed when issuing the Claimant's Particulars of Claim.

 

Practice Direction 7C point 1.4 (3A) eliminated the requirement to attach the documents to the Particulars of Claim when they are issued by the Court.

 

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 creditor's 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 to refer to your own records.

 

We confirm our client is not agreeable to an extension for filing your defence.

 

As you will be aware a Claim was issued in this matter on XXXX 2014 and we have received 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 Judgement being entered against you.

 

We recommend you seek independent legal advice.

 

Yours sincerely

 

---------------------------------------------

 

DonkeyB- I raised the issue with O2 and they were not willing to divulge information because of some stupid security questions. However, I can access the information tomorrow from an O2 store. I need to call them from there using my identification documents.

Though, I think I got the chap on the phone to accidentally agree that this contract was from 2007. I will report back with the last Payment date tomorrow.

 

I can't exactly recall the circumstances under which the account went into arrears. Hope to get some feedback on the above response from Bryan Carer.

[dx100uk]

that's the std reply from carter regarding part 31

 

which is why we always recommend now, where carter is involved

 

you sent the cpr to the claimant not carter.

 

dx