Bryan Carter Lowell County Court Form

Vicxie

All done, sent off both request via recorded delivery. Should i enter the defence letter online now using the template i outlined before?

Vicxie

IainHL wrote: »

Give them the 7 days. You have 28 in which to file your defence, so there really is no need to rush to get it done right now. Especially as seems most likely you will be asking the court for an agreed (with the claimants) extension to the filing of your defence, or filing an application to have their claim struck out, since they won't be able to provide you with the documents in time.

The claim will be transferred to your local court after the Allocation Questionnaire stage, which come after you have filed your defence, if it gets that far.

Oh, and it really is a good idea to open your post even if it appears to be junk!

So, i should wait to see if Bryan gets back to me within 7 days before entering a defence online? Since i have already acknowledged the service, i have 14 days from the day of acknowledgement to enter my defence right? not 28

spacey2012

Might be better to see if they cough any disclosure up within the deadlines, if they dont, you really should be looking at some kind of counter claim to stop them chucking it in at the court door.
Sounds to me as if they need teaching a short sharp lesson.

Vicxie

spacey2012 wrote: »

Might be better to see if they cough any disclosure up within the deadlines, if they dont, you really should be looking at some kind of counter claim to stop them chucking it in at the court door.
Sounds to me as if they need teaching a short sharp lesson.

Couldn't i just ask for a case dismissal if they dont provide me with the revelant documents?

rizla_king

Vicxie wrote: »

So, i should wait to see if Bryan gets back to me within 7 days before entering a defence online? Since i have already acknowledged the service, i have 14 days from the day of acknowledgement to enter my defence right? not 28

Acknowledging the service gives you 28 days from the original date of service, whenever that was.

Vicxie

rizla_king wrote: »

Acknowledging the service gives you 28 days from the original date of service, whenever that was.

Should i post my defence online tomorrow or is it best to post it? I am going to be using this template

In the XXX County Court
Claim number XXXXXX

Between:

Phoenix Recoveries - Claimant

and

xxxxxx - Defendant


Defence

1. The defendant has no knowledge of entering into any form of purchase agreement with the claimant and is embarrassed by the lack of detail supplied within the claim. Having no knowledge of any sales/purchase agreement for "goods" supplied and delivered to the defendant by the claimant the defendant is unable to either admit or deny anything which is not expressley denied within this defence.

2. The defendant denies ever purchasing goods from the claimant.

3. The defendant denies ever receiving goods from the claimant.

4. The defendant puts the claimant to strict proof of the following:-
(i) That the defendant purchased goods from the claimant.
(ii) The date(s) of any such alleged purchases.
(iii) The delivery times of these alleged purchases.
(iv) The delivery addresses of these alleged purchases.
(v) Proof of a purchase/sales contract between the defendant and the claimant.

5. Prima facie the Claimant knows or ought to know that there is no contract between the Defendant and the Claimant for the supply of goods as pleaded, therefore the Claimants claim is speculative and furthermore amounts to an absolute abuse of the process. Accordingly the Defendant avers the Claim ought to be struck out as an abuse as the Claimant holds no cause of action and therefore the Claimants conduct is unreasonable in bringing a claim without foundation.

6. The Defendant seeks the Claimants claim to be dismissed with an order as to costs thrown away in favour of the Defendant.

Statement of Truth
I, INSERT NAME HERE, the Defendant believe that the facts stated in this Defence are true.
Signed …………………………………………
Dated

Please advice

alshaz1982

Hi, I am having the exact same problem with these at the moment. I registered online with the Acknowledgement of Service. I also sent off the CPR31 request under recorded delivery and received a letter back from Bryan Carter saying they wouldn't and don't have to give me any information I requested. My letter was dated the 25th Nov so i'm going to give them 7 working days then send a defence letter into the court online which should hopefully get the case stopped. Does this seem the right process?

rizla_king

Both of you. If you can't get any help on legalbeagles then try CAG. http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

You need better advice than you can get on here to be honest.

Vicxie

alshaz1982 wrote: »

Hi, I am having the exact same problem with these at the moment. I registered online with the Acknowledgement of Service. I also sent off the CPR31 request under recorded delivery and received a letter back from Bryan Carter saying they wouldn't and don't have to give me any information I requested. My letter was dated the 25th Nov so i'm going to give them 7 working days then send a defence letter into the court online which should hopefully get the case stopped. Does this seem the right process?

http://www.legalbeagles.info/forums/showthread.php?25753-Bryan-Carter-court-papers

This woman had the same problem and took the same steps. She won her case. I will send off my defense tomorrow

Vicxie

Quick question

Should i print off a copy of my credit report? This could come in handy for my defense right? It shows payment history with shop direct that ended in 2012 even though Lowell bought the account in 2010. The account says settled. Doesnt this mean the person might have paid off the debt by 2012? If a debt is sold on, can shop direct still continue to receive payments? I don't want to use this as a defense because to me, it looks like i am saying "ok, i did use it and i paid for it" but if it can help, shouldn't i?

I mean, maybe Lowell did not have the right to put a default on my account in the first place if payment was still going on with Shop Direct?

I feel like i'm advocating on behalf of the me that's not me, the "me" that supposedly opened the account, might go insane soon.

Should i get proof of address documents ready? Will this help me? If the account was opened under the address on the file and i can proof i was living on the opposite far end of town, would that not help too?

I am seeking help here too as of today with just a brief summary of what i put up here http://www.thelawforum.co.uk/county-court-0#comment-22062 and advice on my defense i received was to simply state

"I have no knowledge of the circumstances alleged by the claimant.At no time have I purchased nor received goods from the claimant.
I am unaware of any previous attempts to recover the debt.
I suspect the claimant has been the victim of fraud but confirm I have no knowledge whatsoever of the facts alleged.

Signed......"


It looks like a shorter version of the defense template i posted. Would the longer version not be better as it clearly states what i have requested from the claimant?