*Discontinued* Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Please

[molly001]

Re: Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Please

Just an update.
Returned all documents to the court stating that the debt was SB'd and I would not consider mediation because of this and I had no information from Bryan Carter regarding the CCA , CPR etc despite requests and payment. I sent copies and responses in which they stated that they do not have to send the the above as the matter would more than likely be heard in a small claims hearing. I wrote to the court saying that this a breach of the CCA rules and a deliberate attempt to brow beat people to give up. I stated I had recieved no proof of claim and the matter was far from a contract matter as I have evidence of fraudulent actions regarding the case. I indicated that i belived that the small claim arena was not the right place to be heard and requested a County Court hearing where all evidence must be produced by the claimant . Last week I recieved notification that the matter would be heard in my local County Court . I have not heard from BC since this notification. What happens next ? Do I continue to request a true copy of the CCA , default notification etc. ? Do I just sit and wait.? If so how long ? Many thanks for any advise. Regards Moll

[Amethyst]

Re: Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Please

Could you post up a copy of the defence you entered if possible. The letter from the court saying it would be heard in county court - did that give an actual date and time for the hearing ? did it include any directions ?

[molly001]

Re: Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Please

Could you post up a copy of the defence you entered if possible. The letter from the court saying it would be heard in county court - did that give an actual date and time for the hearing ? did it include any directions ?

Thank you Amethyst for responding , I received a Notice of Transfer of Proceedings , sent to all parties on Jan 12th 2015.
This claim has been transferred to the County Court Hearing listed below (Local) The file to be referred to a procedural judge who will locate the claim to track and give case management directions.
Details of the judges directions will be sent to you in notice of allocations . If you require any further information you can contact the local County Court Hearing Centre directly but please wait for the Judges directions.




Basically I said that I would be unhappy to enter into mediation as I believe the debt to be statute barred.


The Claimant has not fulfilled their CPR31-14 requirements by failing to supply on request the documents under the Civil Procedures Rules.


I have enclosed copies of letters asking for documentation and the response as to the denial of these requests, I can only surmise that there appears to be no proof of claim as my requests have been ignored.


It seems to me as a layman that the claimant is preferring the small claims track directly to limit their responsibilities under CPR 31, as their enclosed correspondence suggests.

Further more I have document evidence that a fraudulent action has taken place within this claim and is not " a simple contractual matter" as claimed as a reason for the claimant not to provide requested documentation as they stated "the location of the claim would most probably be allocated to the small claims track."

I would therefore request that the court reconsiders the court suitable to enable me to a fair defence and one where the claimant complies with their CPR 31 duties, thus providing a true copy of the said agreement and required documents relating to their claim. I look forward to hearing from you in due course.

I am now thinking that it may still be heard via a small claims track ?

I have heard nothing from the claimant since this notification.

Regards,
Moll

[Amethyst]

Re: Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Please

Okay Nothing you can do until your hear back from the court in that case, with directions or a hearing date. Then we may need to amend defence or submit a witness statement but won't really know till we hear from court. xx

[molly001]

Re: Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Please

Okay Nothing you can do until your hear back from the court in that case, with directions or a hearing date. Then we may need to amend defence or submit a witness statement but won't really know till we hear from court. xx

Thank you once again I was looking at a N244 wondered if that may help my case. I am writting to the court with dates now found unavailable. Hope that wont be a problem . I have had major health issues and need to get a break before I drop :tinysmile_cry_t: xx :tinysmile_grin_t:

[molly001]

Re: Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Please

Hi Amethyst,
Court date May 20th . Moved as I just lost my father hence the reason I have not been on here ..... now for my defense...

[molly001]

Re: Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Please

Bryan Carter backed down....... case discontinued

[Kati]

Re: Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Please

:cheer2: Oh I'm so pleased for you!

[debs65]

Re: *Discontinued* Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Pl

👏👏👏 excellent news Molly x my court date 27 th may. Just posted my defence. Fingers crossed they discontinue mine. Well done xx

[Amethyst]

Re: Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Please

Bryan Carter backed down....... case discontinued

Whoooooooooooooooooooooooooooooooooooooo !!!!!!

[Amethyst]

Re: Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Please

Hi Amethyst,
Court date May 20th . Moved as I just lost my father hence the reason I have not been on here ..... now for my defense...

So sorry to hear that Molly xxxx This being discontinued hopefully relieves a bit of the stress on you xxxx

[ODC]

Re: Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Please

Bryan Carter backed down....... case discontinued

Par for the course if his bullying tactics dont work.

[PAWS]

Re: *Discontinued* Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Pl

FANTASTIC! Well done Molly and Amethyst –once again your hard work and sound advice blew them out of the fn water! You see debs! This is not only good news for them but gives us all hope!
Hope you ‘gals’ are treating yourselves to a drink this evening.graphics-fireworks-158568.gifgraphics-fireworks-158568.gif

[molly001]

Re: *Discontinued* Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Pl

FANTASTIC! Well done Molly and Amethyst –once again your hard work and sound advice blew them out of the fn water! You see debs! This is not only good news for them but gives us all hope!
Hope you ‘gals’ are treating yourselveThis to a drink this evening.[ATTACH=CONFIG]17787[/ATTACH][ATTACH=CONFIG]17787[/ATTACH]

Thank you all, I have learnt a great deal on this site and I was very proud of the defence I wrote. Thank you Amethyst and Flaming Parrot and Paws and OCD and Kate56 . I am still contacting the court to make sure......x

- - - Updated - - -

 excellent news Molly x my court date 27 th may. Just posted my defence. Fingers crossed they discontinue mine. Well done xx

It is a dreadful time to go through, stay strong and wishing you every sucess xx

- - - Updated - - -

:cheer2: Oh I'm so pleased for you!

Cheers Kati x

[debs65]

Re: *Discontinued* Lowells, Fredrickson and Bryan Carter - Land of Leather- Advise Pl

thanks Molly! Dont think I have any strength left... this has gone on too long now and got me at rock bottom. Praying mine is discontinued! cost me a fortune since October sending all these letters etc to Bc and lowell recorded delivery and my defence cost me small fortune to print and post! I feel have lived under a black cloud since October... 2 weeks to my court date and then, regardless of outcome, I will get my life back and have time to stop stressing and enjoy everyday life with my kids, family and friends xxx