Lowell/Carter Claimform - 3 mobile 'debt'***Claim Discontinued***

[mitsy]

Hi guys

 

I've just received a "Letter Of Claim" from Bryan Carter solicitors regarding 2 debts,

 

1 is an old catalogue debt and the other is from Orange.

 

they have been instructed by Fredrickson international on behalf of our client Lowell Financial regarding a shop direct account/three mobil account, to commence legal action against me in the county court in respect of this debt.

 

They have given me 14 days to respond or a Claim will be issued against me without further notice.

 

Both debts are from early 2010 and the last payments where around June 2010.

 

Shop direct is £477.08 and the Three mobile is £258.49

 

What's the next step to this,

 

is there any letters that I should be sending them regarding proof of the debt etc.

 

Thanks Mitsy

[renegadeimp]

Have you ever CCA'd them? Cabot will likely have no paperwork for the debt, or the debt will be full of charges. Carter wont care. He just wants his money from cabot for filing the claim, then as soon as you file a defence, he will run off.

[mitsy]

No I've never sent a CCA, should I ignore the the letter and wait until they proceed with the court or reply to Carters.

[ericsbrother]

send a cca letter to freds/lowell copied to uncle Bryan. This will give you a bit of breathing space whilst they find the paperwork. They cant prove the debt until then so court isnt an option for them

[unclebulgaria67]

Send the CCA request now to the DCA dealing with the Shop Direct account. Also send a letter to Carters with a copy of the CCA sent, so they know about it. It might put them off issuing the court claim for now.

 

Re the Mobile Phone account, if there was any issue of dispute about this debt, you should advise Carters when writing back.

 

When did you take out the Shop Direct account originally ?

 

Don't just wait for the court claims to arrive.

[renegadeimp]

Send the CCA and until they fulfil it they cannot go to court. If they try, theyd be stupid. Theyre pretty much relying on your lack of knowledge of what to do as many people have no idea that a CCA even exists.

[dx100uk]

Just remember a dca or their fake/tame sols

Are not baillifs

And have no such legal powers

 

Don't get spoofed

[renegadeimp]

Except carter usually always issues a court claim after his threats. He doesnt care if the debt is legit or not, his company are just plain greedy.

[snowy101]

I have received the exact same threat from Carter this morning. I will follow the advice given on here. Is Carter likely to issue a claim in court before the 14 days are up & we have had a chance to CCA the debt collectors?, mine is SB [ i think] .

[dx100uk]

I have received the exact same threat from Carter this morning. I will follow the advice given on here. Is Carter likely to issue a claim in court before the 14 days are up & we have had a chance to CCA the debt collectors?, mine is SB [ i think] .

 

please start a new thread

of you own

 

 

dx

[mitsy]

Thanks guys I've sent a CCA off and also a letter and copy to Carters. The shop direct is from Feb 2010

[mitsy]

Well just got the court papers through the post today for the Three mobile debt

Debt, looks like Carters have totally ignored that I have sent Lowell a CCA request.

 

Particulars of the claim:

 

The claim is for £258.49. The amount due under an agreement between the original creditor and the defendant to provide finance/goods/or service.

 

This debt was assigned to/purchased by Lowell portfolio Ltd. on the 16/12/2011 and noticed served pursuant to the law of property act 1925.

 

Particularls:- RE- three mobile

 

And the claimant claims 258.49

 

I think the debt was for a 3 dongle I had in 2010. I can sort of remember having a right nightmare with it, and numerous phone calls to Three Mobile about it not working properly or getting any signal.

 

I eventually gave up on it, and was sick off the constant phone calls to put it right.

 

The total costs with the court and legal fees is now £354.19

 

What would be the next step guys.

 

Thanks Mitsy

[renegadeimp]

Carter doesnt care if you sent a request. He just wants his money. Soon as you file a defence or say you are defending the entire claim, he'll run off.

[dx100uk]

can you fill this out and copy it back here please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[dx100uk]

Well just got the court papers through the post today for the Three mobile debt

Debt, looks like Carters have totally ignored that I have sent Lowell a CCA request.

 

Thanks Mitsy

 

 

who said send farter a CCA for a debt not covered the consumer credit act?

 

 

that prob why he has done it...thinks you are a muppet and easy prey now.

 

 

dx

[mitsy]

who said send farter a CCA for a debt not covered the consumer credit act?

 

 

that prob why he has done it...thinks you are a muppet and easy prey now.

 

 

dx

 

I sent Lowell the CCA and Carter a covering letter with what I sent. Why is it not covered? and what should I have sent.

 

Thanks mitsy

[shamrocker]

The Shop Direct debt will be regulated by the CCA, but not the 3G mobile service.

 

Do you have any correspondence relating to the dongle dispute. For how long were you using the service before you gave up on it?

[dx100uk]

can you get that link above done please

 

 

and don't forget to ack the claim on the mcol website - defend all

 

 

dx

[mitsy]

The Shop Direct debt will be regulated by the CCA, but not the 3G mobile service.

 

Do you have any correspondence relating to the dongle dispute. For how long were you using the service before you gave up on it?

 

Think it was around 2 months and numerous phone calls, as far as correspondence goes I don't recall any. And don't have any letters.

 

They did supply the dongle as well as the contract, which was 12mth if I remember correctly.

[mitsy]

Any ideas guys on the next steps to take on the Three Mobile claim, Carters haven't replied to the shop direct claim.

 

I'm not 100% sure but I actually think the dongle was a rolling monthly contract, and didn't add up to nowhere near the price of £258.49

 

I've just checked my noddle credit report and its seems the debt defaulted on the 19/07/2010 and the default balance was £70

[mitsy]

Just sent Carter a CPR request and see what they do from there.

[mitsy]

Carters have still denied that I need the CPR as the believe it will be submitted to the small claims track. Sent them a second letter reminding them it hasn't been allocated yet so the CPR duties are still in effect, I basically got the same letter back.

 

Any idea where I go from here guys, I need to submit my defence in a few days time.

[shamrocker]

You need to be reading up on other similar threads, particularly in the successes forum. This response from Carter is standard (which you'll see on just about every Carter related thread) - just file the letters and then refer to them in any future witness statement, thereby showing that you have tried in vain to get the claimant to qualify their claim.

 

Sham

[dx100uk]

links in post 14 needs doing or we cant help a scoobies

 

 

ignore the carter willy waving

 

 

if you read other threads here

 

 

you'll see that's a std response

 

 

get that link done please

 

 

help us to help you

 

 

dx

[mitsy]

links in post 14 needs doing or we cant help a scoobies

 

 

ignore the carter willy waving

 

 

if you read other threads here

 

 

you'll see that's a std response

 

 

get that link done please

 

 

help us to help you

 

 

dx

 

Sorry DX I will fill it in as soon as I get on my PC today. The date of issue was the 6th October, so does that mean the defence needs to be in for the 4th Nov