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County Court Claim Form from Bryan Carter Solicitors

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  • #16
    Re: County Court Claim Form from Bryan Carter Solicitors

    Originally posted by Totoro View Post
    Not to sure about time frames for submitting a defence, hopefully my replying will bump this up for you and someone with knowledge in that field will come along.

    As for a reply to your CCA request, what type of account is this for as you mention possibly a bank account, so is it for an overdraft? It's just the template letter in the earlier posts is mainly for loans and credit cards. I'm sure there will be a template somewhere on the site for overdrafts quoting The Consumer Credit (EU Directive) Regulations 2010
    Hi Totoro,

    I think it may be a bank account overdraft. I thought that maybe the CCA request would cover an agreed overdraft. Haven't heard of The Consumer Credit (EU Directive) Regulations 2010, will look into that. Thanks.

    I'm not sure what I should do next. Bryan Carter has said he's not agreeable to an extension but hasn't sent any information as per Practice Direction 7C point 1.4 (3A). I don't know how to defend a claim if I don't know the details.

    B

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    • #17
      Re: County Court Claim Form from Bryan Carter Solicitors

      Hi Beerye,
      I am in the same situation as you, I am defending a credit card of £900+interest and legal cost = £1500. Today I have sent the CCA, CPR31.14 request and SAR. I received the CCJ notice on 25th January and acknowledge it online on 2nd February. I got default in 2007 and since then u havent made any payment or never get contacted so according to a lawyer on this forum it is time barred now. I have also read that regardless of our requests to Bryan Carter, Lowell and HSBC, I have to file a defence before deadline. Is it true? Have you filed your defence yet? I am struck now at this point. And dont know what to do.........
      Regards.

      Comment

      • #18
        Re: County Court Claim Form from Bryan Carter Solicitors

        Originally posted by Cadburry View Post
        Hi Beerye,
        I am in the same situation as you, I am defending a credit card of £900+interest and legal cost = £1500. Today I have sent the CCA, CPR31.14 request and SAR. I received the CCJ notice on 25th January and acknowledge it online on 2nd February. I got default in 2007 and since then u havent made any payment or never get contacted so according to a lawyer on this forum it is time barred now.
        That being the case, you can just submit a SBd defence. See this post: http://www.legalbeagles.info/forums/...769#post409769
        Originally posted by Cadburry View Post
        I have also read that regardless of our requests to Bryan Carter, Lowell and HSBC, I have to file a defence before deadline. Is it true? Have you filed your defence yet? I am struck now at this point. And dont know what to do.........
        No, it isn't true, you have 28 days to file a defence and no-one can change that. What has been happening is that Bryan Carter never provide the documents requested, nor are they agreeable to an extension to submit your defence. This leaves you with the option to either submit a defence based on the information you have, without the documents, which is far from ideal, or else apply to the court to force disclosure with an unless order.:juge:

        You may want to look at this post: http://www.legalbeagles.info/forums/...743#post409743

        Comment

        • #19
          Re: County Court Claim Form from Bryan Carter Solicitors

          Originally posted by Cadburry View Post
          Hi Beerye,
          I am in the same situation as you, I am defending a credit card of £900+interest and legal cost = £1500. Today I have sent the CCA, CPR31.14 request and SAR. I received the CCJ notice on 25th January and acknowledge it online on 2nd February. I got default in 2007 and since then u havent made any payment or never get contacted so according to a lawyer on this forum it is time barred now. I have also read that regardless of our requests to Bryan Carter, Lowell and HSBC, I have to file a defence before deadline. Is it true? Have you filed your defence yet? I am struck now at this point. And dont know what to do.........
          Regards.
          They have 40 days to respond to a SAR and, unlike the CPR request, you can't request an extension based on the fact you are waiting for it. If you received the claim on the 25th of Jan and only sent the SAR today, you won't have time to wait for it before your defence is due, unless an extension is agreed. :clock:

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          • #20
            Re: County Court Claim Form from Bryan Carter Solicitors

            Im having problems with Bryan Carter too but cant seem to start a thread.........any ideas ????

            Comment

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            SHORTCUTS


            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.




            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.



            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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