Bryan carter / Lowell group CCJ court papers received.

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

Thanks apollo1966, I will give the courts a call next week and will look into how much this form costs. Do you know what the form is called?

[Apollo1966]

Re: Bryan carter / Lowell group CCJ court papers received.

kadafi, unfortunately I do not know what the form is called or how much it costs but remember claim that the original claimant pay all cost for non compliance and do not ask for appeal ask for it to be struck out or off application.

Contacting courts in my area is very difficult. i would suggest and it is only a suggestion that you contact the courts later on on the 29th day.

The reason for this is because if courts instruct me to file papers by..... say 21st i will hand deliver at 5pm to court and 23.55 to claimant. that way they have no way of replying and complying with the courts directions

Therefore the claimant has no chance of replying and the courts have to accept my papers but will not open them till first opening of office in the morning the next day....

Do not be too eager but be vigilant and proactive.....so say call courts on 29th day at say 15.00hrs onwards....

Good luck

[Amethyst]

Re: Bryan carter / Lowell group CCJ court papers received.

You should respond to their letter before even thinking about applying for strike out or it could go against you.

If there is still no CCA you should respond and say you disagree as there they remain in default of your CCA request and therefore at this stage you invite them to withdraw their claim.

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

Thanks amethyst.

respond to what letter? The letter I received from bryan carter making me a settlement offer?

As yet I've still heard no response in regards to if bryan carter wish to proceed, I'm pretty sure they will do. It seems a while since I've done anything so looking to what I could do now to benefit my case.

[Amethyst]

Re: Bryan carter / Lowell group CCJ court papers received.

Thanks amethyst.

respond to what letter? The letter I received from bryan carter making me a settlement offer?

Yes this one http://www.legalbeagles.info/forums/...1&d=1413313558

As yet I've still heard no response in regards to if bryan carter wish to proceed, I'm pretty sure they will do. It seems a while since I've done anything so looking to what I could do now to benefit my case.

Yes you have - http://www.legalbeagles.info/forums/...2&d=1413313616

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

Thanks amethyst

is it too late to respond to that letter? I've just called the court. They said my defence was sent to BC on 29th September but as yet they have not heard anything which would probably be over the 28 days now. Also there tomlin order was valid until 29th October so I guess it would be pointless responding to that letter now? Plus as I've received no documentation I would not be accepting there offer anyway or negotiating.

After i I posted them letters I was advised to ignore them as they were just standard letters, so that's what I did.

[MIKE770]

Re: Bryan carter / Lowell group CCJ court papers received.

see what happens next, might pay to read other threads in same situation to get the picture how they seem to operate

[Amethyst]

Re: Bryan carter / Lowell group CCJ court papers received.

No, but part of the court process is engaging with the claimant and you should respond even if just to say you are not in a position to negotiate with them as they have failed to send you documents.

Anyway, they have said they won't be informing the court of their intention to proceed until the 29th so they will either do that this week or not and you're now just going to be waiting to see.

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

Amethyst

I wish someone had said that before this point. I'm no expert so I have no clue what to do, I was only told to ignore the letters so that's what I did.

Shame, hope this doesn't effect my case.

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

I might just send a recorded letter today saying I awaited a copy of the CCA but as it still hasn't arrived, I did not wish to enter negotiations.

Is is there a template I could use? The letter might be late but at least it's a response

[Amethyst]

Re: Bryan carter / Lowell group CCJ court papers received.

I did but don't think you saw it. I'm just working on a defence for someone but will help you draft a letter in a little bit.

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

Thanks amethyst

I will then get it posted and should arrive with them Monday. Will it be a big problem that it will arrive with them a few days after there 29th October deadline? I guess when receiving my letter they would have already decided if to proceed or not, but if by sending the letter it helps me abit in court then I best get it posted.

[Amethyst]

Re: Bryan carter / Lowell group CCJ court papers received.

kk back xx

Yes it will help you in court later (if it goes to that) as they can't say your silence was a refusal to mediate/enter into negotiations.

five mins then

[Amethyst]

Re: Bryan carter / Lowell group CCJ court papers received.

Okay you might want to put into your own words, but basically something like;

Dear Mr Carter

Claim No: xxxxxx xxxxxxxx v xxxxxxxxx

Thank you for your letter dated XXXXXX offering to settle the claim for £4770.54 under a Tomlin Order.

At the present time I am unable to consider your offer as despite having requested further information and documents from your clients under Civil Procedure Rule 31.14 and under the Consumer Credit Act s.77 to s.79. I have yet to receive anything to enable me to assess the claim effectively.

I am sure your Client's are aware that failure to comply with a formal request under s.77 to s.79 of the Consumer Credit Act means they are barred from enforcing any alleged debt.

My defence was entered to the Court on XXXXXX and you have, to date, failed to respond to the Court to indicate whether you wish to proceed with the case.

I therefore invite your Client's to discontinue the claim.

Yours faithfully

xxxxxx

[Kadafi]

Re: Bryan carter / Lowell group CCJ court papers received.

Thanks amethyst

This letter will be sent off first thing tomorrow morning by recorded delivery. Does it matter that the CCA request went to Lowell and not BC?