Brayan carter help!!

[ims21]

This is the thread that dealt with the successful Set Aside of the SD

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?380607-lowells-statutory-demand-i-am-panicking-**-SET-ASIDE-**&p=4296095#post4296095

[BRIGADIER2JCS]

Acknowledge service and intention to defend

Edited March 4, 2014 by ims21

[citizenB]

Do you have the paperwork for the stat demand that was set aside, still ?

 

I would say your defence is fairly simple - on DATE - you applied for and received a Set aside in respect of this same account. The set aside was obtained in NAME OF COURT,due to the debt being Statute barred.

 

Your defence has not changed - the debt is statute barred and the claimant's claim is an abuse of process.

 

I will find someone who will be able to help you further.

 

However, you must acknowledge the claim - so we need the date of issue - top right hand corner of the claim and if you can also let us know what it says on teh claim form.. eg the reason they have issued the claim that would be helpful.

[BRIGADIER2JCS]

Not the first time Lowell have done something like this recently, it seems internal communications and record keeping fall far short of a reasonable standard.

[janet37]

Hi guys thank you for your help and replies

Issue date 27/02/14

This claim is forxxxx the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and goods.

The debt was assigned or /purchased by Lowell on 31/07/2007 ans notice served pursuant to the law of property act 192k

Particulars

Original creditor

Acc number then says the claimant also claims interest pursuant to county court act .

I do have all the or original paperwork and a paper from the court to say the debt has been set aside.

[ims21]

Ok so you have a timeline to adhere to.

 

Issue date is 27/2, add 5 for service which takes you to 4/3 and then add 14. that is when you must acknowledge by i.e. 18/3.

 

You then have a further 14 to file your defence which takes you to 1/4 for that.

 

As citizenB says, the legal guys have been alerted. Andyorch and/or steampowered should join this thread when they get a moment.

[janet37]

Thanks guys, it is like being harrassed and not being sure what to do its like they are a law un to themselves!

[ims21]

The important thing here is to not take your eye off the ball as far as the court process is concerned, that is your priority.

 

Bear with us until the legal guys can get here.

[janet37]

Thanks for merging threads I had forgotten about the fredricksonn thread,

 

sorry If I have caused any confusion.

 

This looks like a claim form from Northampton county court there is a claim number

on it so I think it must be serious!

 

I have so had enough of them and their bully boy tactics!

[ims21]

No problems...don't worry.

 

Probably a blue form...claim number top right and Particulars of Claim in a box at bottom left.

 

Treat it as genuine.

 

You have plenty of time so don't fret...you will get the help you need just hang fire for the moment.

[citizenB]

Simply submit the SB defence CB...its not an abuse of process to issue a claim after a failed Stat Demand...however in this case the result will equate to the same ending:-D

 

Costs should be claimed for the initial set a side and the defence of the pending claim.

 

Clearly vexatious but not an abuse.

 

Here you go.. this is the Statute barred defence - HTH

 

 

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

[janet37]

Thanks guys, I will take a look at form tomorrow and try and complete it . I may need some assistance!!

[janet37]

Bryan carter have just been granted a ccj against me , however this debt was set aside over a year ago, is this legal, what should I do?

[ims21]

Do you mean you have received a court papers or the court has made a judgement against you?

 

What do you mean by "this debt was set aside"?

[janet37]

bryan carter have sent a letter saying that a ccj was entered against me, i have spoken to court they said this is true. Debt was set aside by judge in a different court last year.

[ims21]

Thread moved to the Legal forum.

 

The guys will be along to help as soon as they are available.

[janet37]

thankyou

[citizenB]

Bryan carter have just been granted a ccj against me , however this debt was set aside over a year ago, is this legal, what should I do?

 

Ok, so last year there was a Judgment awarded against you. Bryan Carter would not have got the judgment as he is a solicitor so can you tell us who the claimant was/is ?

 

What was the original judgment for and on what basis did you get it set aside ?

 

You are now saying that another Judgment has been awarded for the same debt by the same company ?

 

You will need provide us with a timeline of what has happened from the point of when the first Judgment was obtained.

 

Did you ever receive paperwork for either the first or 2nd claim. ?

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?380607-lowells-SD-got-it-set-aside-now-got-claim-form-help

 

Is this to do with the claim made against you in the thread above ?

[citizenB]

Righto, well it looks as though the first claim was actually a Statutory Demand which you managed to get set aside.

 

They then issued you a claim and I provided you with a Statute Barred defence - did you get your defence in on time ?

[janet37]

Sorry .. I will start from the beginning I had a Statutor Demand set aside last year for a debt that Lowell was chasing . The debt was statue barred. Iwent to court to get SD set aside . the judge set the SD aside. Now Lowells have used bryan carter to get a CCJ against me for the same debt. I thought that I had defended CCJ but have spoken to court today and they say that was never received by the court and that Lowells have got a CCJ against me . for the same debt that was set aside because it was statue barred.

[janet37]

Righto, well it looks as though the first claim was actually a Statutory Demand which you managed to get set aside.

 

They then issued you a claim and I provided you with a Statute Barred defence - did you get your defence in on time ?

Court said they never received it ,

Edited April 24, 2014 by janet37
..

[citizenB]

Ok, Janet - Have merged both threads so people can see what the hell is going on.

 

How did you submit your SB defence - did you use the Online submission.

 

Did you print off the proof that you had submitted it ?

 

I will try and find someone who can advise further.

[janet37]

I did it online and stupidly, I have no proof.

[citizenB]

I did it online and stupidly, I have no proof.

 

 

If you did it online, the court should have the proof ? I have sent out an S.O.S for you. It might not be until later today that you get any replies.