Bryan Carter/Lowell court papers

[Ava-Lily1]

Re: Bryan Carter/Lowell court papers

Thank you so much for your help I feel alot better knowing that even if it is mine then as long as I pay it in 28 days it will be gone.
I'm posting the letter to BC tomorrow by recorded as you said and guess I will have to wait and see what they do... Here's hoping they give up!
I will keep you posted though if that's okay as I am sure I will need more help lol

[FlamingParrot]

Re: Bryan Carter/Lowell court papers

Thank you so much for your help I feel alot better knowing that even if it is mine then as long as I pay it in 28 days it will be gone.
I'm posting the letter to BC tomorrow by recorded as you said and guess I will have to wait and see what they do... Here's hoping they give up!
I will keep you posted though if that's okay as I am sure I will need more help lol

Yes, please, do update us :typing: Here on LB we are all Big Lowell Fans!

[Ava-Lily1]

Re: Bryan Carter/Lowell court papers

Okay so I have had a reply from Bryan Carter. He states that he is unable to provide me with a response to my part 18 request within 14 days and so requests an extension of time... He wants me to write back to agree to this
He has ignored my statute barred letter completely though so not sure what to do with this?

I have also had a letter from the court. A Notice of Proposed Allocation to the Small Claims Track.
It is asking if I am agreeable to mediation and if not why? It goes on to ask if I feel the small claims track is the appropriate track and again if not why?
It asks which court I want to be at and if I will have any witnesses?!

I have to have this form filed with the court by the 22nd of November!
I am really worried now as I can't understand what is going on or what I am supposed to do with this...

Any help much appreciated....

[FlamingParrot]

Re: Bryan Carter/Lowell court papers

Okay so I have had a reply from Bryan Carter. He states that he is unable to provide me with a response to my part 18 request within 14 days and so requests an extension of time... He wants me to write back to agree to this
He has ignored my statute barred letter completely though so not sure what to do with this?

That's fine, they are doing the right thing by agreeing to an extension, no reason why you shouldn't write back saying you agree. As you have their agreement in writing, you should notify the court. You can do so by email, as per post quoted below:

Just send an email to the court at ccbcdefendants@hmcts.gsi.gov.uk

Take note of Practice Direction 5B - particularly:

4.8 Where proceedings have been commenced, the subject line of the e-mail must contain the following information –
(1) the case number;
(2) the parties' names (abbreviated if necessary); and
(3) the date and time of any hearing to which the e-mail relates.

As the amount is so small, it's probably not worth their while to go to court and they may well discontinue. ray:

I have also had a letter from the court. A Notice of Proposed Allocation to the Small Claims Track.
It is asking if I am agreeable to mediation and if not why? It goes on to ask if I feel the small claims track is the appropriate track and again if not why?
It asks which court I want to be at and if I will have any witnesses?!

I have to have this form filed with the court by the 22nd of November!
I am really worried now as I can't understand what is going on or what I am supposed to do with this...

Any help much appreciated....

The small claims track would be appropriate given the small amount claimed. You may want to look at this guide for reference: http://www.judiciary.gov.uk/JCO%2FDo...+web+FINAL.pdf

[Ava-Lily1]

Re: Bryan Carter/Lowell court papers

That's fine, they are doing the right thing by agreeing to an extension, no reason why you shouldn't write back saying you agree. As you have their agreement in writing, you should notify the court. You can do so by email, as per post quoted below:

As the amount is so small, it's probably not worth their while to go to court and they may well discontinue. ray:

Okay so I will reply to Bryan Carter and agree to the extension and email the court just to make them aware of what is going on too :tinysmile_twink_t2:

The small claims track would be appropriate given the small amount claimed. You may want to look at this guide for reference: http://www.judiciary.gov.uk/JCO%2FDo...+web+FINAL.pdf

Okay so I fill in the form agreeing to small claims but do I agree to telephone mediation??
not sure if I need mediation as it's statute barred??

[FlamingParrot]

Re: Bryan Carter/Lowell court papers

Okay so I fill in the form agreeing to small claims but do I agree to telephone mediation??
not sure if I need mediation as it's statute barred??

Is it? In that case, you can just make that assertion in your defence, you don't need to request documents, etc. if you are positive it's SBd, it'll be up to the claimant to show a payment was made less than 6 years ago.

[Ava-Lily1]

Re: Bryan Carter/Lowell court papers

Well I don't anything about the actual debt and it's not on my credit file so I made a defense that it was statute barred.
But since making that defense I've been offered mediation!

so should I notify the court still that Bryan carter are getting info for me or just sit and wait for Bryan carter to prove that I've made payments within 6 years? This is all so confusing doesn't help I have baby brain LOL!!
do I go ahead and fill out form agreeing to small claims but no to mediation?
sorry for all the questions I just wanna be extra sure before I Stuart filling in court documents

[FlamingParrot]

Re: Bryan Carter/Lowell court papers

Well I don't anything about the actual debt and it's not on my credit file so I made a defense that it was statute barred.
But since making that defense I've been offered mediation!

so should I notify the court still that Bryan carter are getting info for me or just sit and wait for Bryan carter to prove that I've made payments within 6 years? This is all so confusing doesn't help I have baby brain LOL!!
do I go ahead and fill out form agreeing to small claims but no to mediation?
sorry for all the questions I just wanna be extra sure before I Stuart filling in court documents

Have you actually submitted a Statute Barred defence? If so, there is no need to say you are still awaiting information, that would have been prior to submitting a defence. If you have asserted it's SBd in your defence, it would be up to the claimants to prove otherwise. :thumb:

Giving the amount involved, there's no reason why it wouldn't go to small claims.

[Ava-Lily1]

Re: Bryan Carter/Lowell court papers

Hi again,

okay so I haven't heard anything for ages from Bryan Carter. I did get court letters just letting me know that it's going through small claims and then some info on mediation.
bryan Carter still haven't sent me any info on the account such as proof that it's mine etc... They did say that I made payments on the account a few years ago. Now my son died a few years back and due to depression I fell behind on a lot of payments including rent but once I started to pick myself I set up payment plans to clear these so I may of paid Bryan Carter/Lowell and not remember!!
problem is I entered a defence of statute barred already (because I assumed it was as it's not on my credit file) when it seems it's not
Plus now I have an appointment this Thursday for telephone mediation with them!
i really don't know where to go from here now...do I just set up a payment plan or try and fight? If the latter option how do I do this?
sorry for any waffle!

thanks in advance guys :tinysmile_twink_t2:

[FlamingParrot]

Re: Bryan Carter/Lowell court papers

okay so I haven't heard anything for ages from Bryan Carter. I did get court letters just letting me know that it's going through small claims and then some info on mediation.
bryan Carter still haven't sent me any info on the account such as proof that it's mine etc... They did say that I made payments on the account a few years ago. Now my son died a few years back and due to depression I fell behind on a lot of payments including rent but once I started to pick myself I set up payment plans to clear these so I may of paid Bryan Carter/Lowell and not remember!!

Have they actually provided you with any documents that substantiate that claim of payments? If they haven't provided you with any info on the account, how can they establish that fact?

[Ava-Lily1]

Re: Bryan Carter/Lowell court papers

Thank you for replying,
No, no documents at all...

now I have telephone mediation with them tomorrow at 1:30pm and no idea what to say or do??!