Bryan carter / Lowell group CCJ court papers received.

[Amethyst]

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

An example by Eskimo for strike out after failing to abide by directions http://www.legalbeagles.info/forums/...ing-directions which you could adapt

[Kadafi]

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

Thanks amethyst

I have used the template and added my information. I am going to contact the court again on Friday and if no documents have still not been received I will then send the letter below.


-----------------------------------------


my address
xxxxxx
xxxxxxxxx xxxxx
xxxxx
xxxxxxxxxx
xx xxxx




Claim number: Xxxxxxx


Claimant: xxxxxxxx
Defendant: xxxxxxxx




23rd January 2015


Dear Sir/Madam,


Further to the order dated 22nd December 2014 made by District Judge Xxxxx which gave the following direction to the claimant Lowell Portfolio I Ltd.


Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 4pm on 19th January 2015.
The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this order.
The documents to be sent to the other party and the court must include the statements of all witnesses.
The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not been prepared and copied to the other party and the court in accordance with the paragraphs above




The claimant has failed to comply with the above order and no documentation has been received by me by the deadline set of 4pm on 19th January 2015, I contacted Xxxx county court at 4.28pm on 19th January and they confirmed via telephone that the court had not received any documents related to my case from Lowell portfolio I Ltd. To note, I supplied my supporting documents to the court and the claimant which were both received on 14th January 2015.


Further more the claimant is also in default of a CPR.14 request made on 10th September 2014 and also a CCA request made on 5th September 2014, no documents have been received from the claimant.


As the claimant has failed to produce any documentation and therefore broken the terms imposed by the court I am requesting the case be struck out.


Yours Faithfully,








Mr xxxx xxxxx

[Kadafi]

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

Would the above letter be ok to send? I will post it tomorrow

[Amethyst]

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

That sounds great,

CPR.14 should be CPR 31.14

and add a teeny bit here...

Further more the claimant is also in default of a CPR.14 request made on 10th September 2014 and also a CCA request made on 5th September 2014, no documents have been received from the claimant., and no evidence provided to support their claim.

That's about all I can pick up on from that, maybe put the quoted bit of the order in italics so it's obvious it's a quote

[Kadafi]

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

Thanks!

all done and printed, will be sent in the post tomorrow.

[Mineral1]

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

This wont help with your case, but it will help you sleep better in the run up to your day in court.
9 times out of 10 lowells pull out of cases.
If they do go ahead, they tend not to win much.
Courts dont like it when defendants are not shown enough evidence to defend themselves, and like it even less when the company fails to show the defendant they actually owe a debt.
Many judges throw the cases and claimant out of the court.

Now would that be metaphorically or do they actually heave them out the door into the gutter? :tongue2:

[nemesis45]

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

blankers view of this really is without merit and may leave those having dealings with Lowell et al with a false sense of security.

nem

[Kadafi]

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

UPDATE


ok I have received a letter today from our good old friend, Bryan carter. he wrote short but sweet, a letter of discontinuance! :tung:


Im so happy for the victory and would like to thank everyone for there help as I would certainly of ended up with a ccj without all the guidance.


special thank you to amethyst, your a star!

[nemesis45]

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

Excellent result.
Carter et al bite the dust once again!!:thumb:

nem

[Kadafi]

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

Would I be able to claim costs against Bryan carter? How would I go about this?