Bryan Carter solicitors help

Monkeyface199

Hi received court claim formicon from Bryan Carter solicitors dated 20th jan 2015. Only other contact I have had off Bryan Carter solicitors is text messages which say the following I have ignored these as there was no name to it it was relating to ie me my husband etc.
Text message reads
Please call Bryan Carter solicitors llp on 0203 xxxxxxx quoting ref 1xxxxxxx further info may be obtained at w.byrancartersolicitors.C o

The court documents read
This claim is for 938.78 the amount due under agreement between the original creditor and the defendant to provide finance and / or services and / or goods

This debt was assigned/ purchased by Lowell portfolio ltd on 08/11/2013 and noticed served pursuant to the law of property act 1925
Particulars
Re. EE ltd formerly t mobile
A/c 7xxxxxxxx

The claimant claims 938.36

The claimant also claims statutory interesticon pursuant to s.69 of the county courticon act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 75.08

I have looked at noodle and can't find this debt on there.
Also I have have tesco mobile for over 5 years so I believe this debt is statue barred but how do I do the defence, what do I put. I haven't told oh as we are only just managing we have two children with special needs and also I suffer with lung disease so the stress of this is making me ill. The texts are now coming through every 2 to 4 hours

Can someone help me please

Monkeyface199

Text messages are coming more frequent.
What shall I do

Vkz

Personally, I would call Brian Carter solicitors and explain your situation regarding your health. Otherwise, I would put on the claim form as a defence that you believe this debt to be statute barred.

Hopefully, a more experienced poster will come along and help you. X

sourcrates

First off, is it your debt ?

Sounds like an old mobile phone contract ???

If its yours, then you can either admit to the debt, and the court will set an affordable amount for you to pay each month.

or,

Are you in scotland or england ? if 5 years have passed (6 yrs in england and wales) without acknowledgement or payment, then you should defend on the basis that the debt is statute barred, they have to prove its not SB, you dont have to prove it is.

or,

if you know (genuinely) nothing about the debt, again, defend on that basis, that its not your debt.

There are strict timescales involved, so you should respond within the timeframe.
Make sure you fill in the income/expenditure form if you intend to admit the debt.

Oh, and block there number on your phone, they wont be able to call or text you.

Marktheshark

Now you have court papers you ONLY deal directly with the court or you will get a CCJ.

I take it they have not sent you a Letter before county Court just a set of Stamped genuine (you have checked with the court) papers following some text messages.
As Legal notices can not be served via text messages, they do not count as LBCCA.
I also trust they have put this in your name and did you ever have a T-mobile Contract.

sourcrates

Marktheshark wrote: »

In the meantime post Lowell portfolio ltd a CCA demand.

Your details XXXXXXXX

Details they have sent account number Blah Blah
Served Notice of Credit agreement Demand.
You are served notice under consumer credit act 1974 that you shall produce within 12 days a copy of any credit agreement you claim to hold under the regulations listed above.
payment of £1 is provided, this must only be used to service the demand.

A certificate of postage has been obtained and you are challenged to produce the Credit agreement or service contract you claim to be authorised to collect upon.
You must produce this document within 12 working days or suspend any collection action or claims based upon it.

I would not sign it, just put your name.

Not relevant, the consumer credit act does not apply to mobile phone contracts.

You are deemed to of accepted the contract by using any phone/sim card that has been supplied to you, the OP, therefore, would never of signed a physical contract.

The only evidence would be airtime bills/statements, which is what she should ask for.

fatbelly

We're not sure whether you are in Scotland as you mentioned 5 years for statute barred debts or England/Wales. If the latter and issue date is 20 Jan then you must acknowledge service by 8 Feb (so effectively this week) saying you intend to defend in full. You can do this online.

You then have till 22 Feb to put together your defence which by the sound of it will be either this isn't your debt or it is but over 6 years have passed since it was acknowledged by payment or in writing and the claim is statute barred under section 5 of the Limitation Act 1980.

You may want to post the details on http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim to get more help.

Toe-Jam

I have a question. If you have contacted the Collection agency by email, and made them an offer of reduced payment (5 years ago) which they declined. On the email it was marked "Without Prejudice".

Does this count as admitting the debt, Is it valid as evidence ?

rizla_king

fatbelly wrote: »

You may want to post the details on http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim to get more help.

They have, but no replies

happy_bunny_2

Toe-Jam wrote: »

I have a question. If you have contacted the Collection agency by email, and made them an offer of reduced payment (5 years ago) which they declined. On the email it was marked "Without Prejudice".

Does this count as admitting the debt, Is it valid as evidence ?

I believe it has to be in writing and email does not count.

Toe-Jam

happy_bunny wrote: »

I believe it has to be in writing and email does not count.

Why would email not count ?