Bryan Carter solicitors court Claim

[FlamingParrot]

Re: Bryan Carter Claim

I have received the following letter from BC. Unsure of next steps and what normally happens from here?

You will receive a directions questionnaire saying that the case has been provisionally allocated to the small claims track (this is based on the amount). It'll be one like this one: http://hmctsformfinder.justice.gov.u...s/n180-eng.pdf

You will have to fill it in and return it to the court. After that, the court will give directions to both parties.

The small claims process is set out here: http://www.justice.gov.uk/courts/pro...l/rules/part27 :nerd:

Is it worth re-sending the f&f offer or am I best playing it out further?

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That would really be up to you and how you see your chances of winning this case if it goes all the way to trial. :decision: Their letter mentions without prejudice negotiations so they are obviously open to offers. :thumb:

[owen2014]

Re: Bryan Carter Claim

Hi,

Thanks for the response, I rang BC today and they were quite nice, basically they said they were going to send a consent order form giving the option to offer settlement or monthly payments?

Is this normal practice for BC?

[FlamingParrot]

Re: Bryan Carter Claim

Thanks for the response, I rang BC today and they were quite nice,

Are you sure you didn't get the wrong number? :noidea:

basically they said they were going to send a consent order form giving the option to offer settlement or monthly payments?

Is this normal practice for BC?

Yes, they seem to like their consent orders. The main point is that the order should state that proceedings are stayed as long as you keep to the terms of the order, i.e. they don't take the matter further and no judgment is obtained against you, nor a CCJ recorded.

Were you thinking of a lump sum or a monthly offer? Are you positive this is the route you want to take?

[owen2014]

Re: Bryan Carter Claim

I am happy taking either route if im being honest - Although I know they have not provided the documents like CCA etc I am unsure of how it would work from here?

I do not dispute I owe the money - although the amount is massively more than to start with - think it was £750 to start with.

If i continued to defend it what would normally happen from here and what would the outcome likely to be?

[MIKE770]

Re: Bryan Carter Claim

Lowell Portfolio fail at the preliminary stage………… by consumercreditlitigationanddebtcollection Today in North London a Claim was dismissed by a District Judge, it wasnt because of a breach of s78, or a defective default notice, but for a reason which should have been flagged up pre issue, it should have been noticed by those reviewing the file before even serving a letter of claim and it goes to show that it is important to comply with the pre action protocols or get your ass whooped if you dont. The problem faced by this claimant was as follows. The Claimant had sued Mrs and claimed that Mrs owed them money arising out of an agreement. On request for documentation there was a wall of silence, with the only response being "were taking instructions" accordingly the only defence the client could lodge was a simple "i have no idea what they are talking about" The Court clearly picked up that there was an issue or two, as it called a preliminary hearing (which took place today) In the run up to the hearing, the opponents provided limited disclosures, in the form of statements, the statements showed that the account was a joint account and therefore the claimants claim fell into real difficulties, why? well s141 (5) Consumer Credit Act 1974 requires all parties to a regulated agreement are party to any proceedings. The problem this claimant faced is that it sued Mrs but not Mr, furthermore, Mr's account had not been assigned to the Claimant, so it couldnt join Mr to proceedings ( see Pickthall v Hill Dickinson) and in addition, since proceedings had been issued, the Claimant could not go back and pursue Mr later , in short the claim was a mess and once proceedings had been issued the Claimant lost any chance of getting its house in order. Accordingly, at the CMC today the Judge dismissed the Claim on the basis that even though the claim may have had merit, the fact the Claimant did not get its house in order and make sure the assignment was carried out correctly to ensure it had a claim against both parties, meant that the claim could never succeed at trial.

[owen2014]

Re: Bryan Carter Claim

These are the letters I have received - can anyone look over them? I am going to offer them a settlement of £675.00 but if im being honest I have a baby due in a few months so if I could avoid a CCJ by paying monthly I would prefer that and look at F&F later on?

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Thanks

[owen2014]

Re: Bryan Carter Claim

Hi All,

Can anyone look over that consent order they have sent me? I am seriously considering offering a payment per month but want to ensure what they have sent me is safe?

Thanks?