Lowell/bryan carter solicitors/court claim form

[Amethyst]

Re: Lowell/bryan carter solicitors/court claim form

If you submitted acknowledgement of service with your contest jurisdiction bit via moneyclaim online you should be fie and have the 33 days from date of issue.

Can you log into your moneyclaim online and check the status of the claim - if it is awaiting defence then you've acknowledged okat and all is fine and your defence isn't due till about 5th March.

[Amethyst]

Re: Lowell/bryan carter solicitors/court claim form

https://www.moneyclaim.gov.uk/web/mcol/welcome - MOCL

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi,

Thank you for getting back to me.

I did not hear from anyone, so i acknowledged and defended all, and did not contest jurisdiction.... on the website. I completed it this morning. What do i do next?

[Amethyst]

Re: Lowell/bryan carter solicitors/court claim form

Ah phew, that's good So you have till at least end of the month then.

I posted some bits http://www.legalbeagles.info/forums/...928#post516928 for you xx

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Thank you,

so i need to send both by end of month?

[Amethyst]

Re: Lowell/bryan carter solicitors/court claim form

Send both of those tomorrow

Then by the end of the month we can see what replies we get, if any, and sort out your defence to go in before about 3rd March xx So don't disappear xx

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

What’s interesting is the changes between the default balance (over £2k), the current balance (over £1k) and the claimed amount (under £1k). This seems to indicate that you’d paid off a considerable chunk of this.

Is the payment history for any month other than Nov 2007 available?

So the results of the CPR request will be important – not that Carter will send anything, so you’ll have to wait to fill in your court questionnaire to request CPR be complied with. The accuracy of Monument’s default notices has always been an issue, and the quality of their record keeping was always shabby at best. More than one way to skin a cat.

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi Don and Co,

sorry for the delayed response. Yes it is interesting how the figures differ. Unfortunately there is other payment history for other months displaced on the report other than Nov 2007 available.

There has been some developments, Carter sent me what I believe a standard letter, stating that the matter will be allocated to the Small Claims Track as this is simple contractual matter and Part 31 of Civil Procedure Rules will therefore not apply....

Please let me know if you need to know what the rest of the letter says

What do i please do next?

[MIKE770]

Re: Lowell/bryan carter solicitors/court claim form

usual letter from them, wait for the next missive from them, CPR request is valid upto allocation time by DJ

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

I love the way Carter thinks that the likely track is what makes it a ‘simple’ contractual matter. He is so wrong. The courts define the track mainly by claim value, but judges can order different tracks if the complexity or simplicity of a case warrants it. I think a case with so many anomalies in value and documentation as yours deserves a proper CPR response, but unless everyone who gets this rubbish back from Carter complains to the FCA and the SRA, nowt will happen, and he’ll continue to get away with it.

So agree with Mike770 – or else you could write Carter another CPR letter just to annoy him, and copy it to the FCA...

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi both,

I think you guys are talking in a language i am not familiar with please clarify. Do i need to anything, such as put in a defence to the court?

[Amethyst]

Re: Lowell/bryan carter solicitors/court claim form

What date was your claim issued osophi ? If it was a few days before the 10th then you have a week or so left ( 33 days from date of issue ) so you can start working on your defence.

It is normal to get that reply from Bryan Carter about the 31.14 request so don't worry about it, you can still mention it in the defence as you still have no documents to evidence the claim.

There is an example defence in the guides and templates http://www.legalbeagles.info/forums/...Taken-To-Court which should give you a starting point.

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

thank you, will get back to you if needed.

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

Hi both,

I think you guys are talking in a language i am not familiar with please clarify. Do i need to anything, such as put in a defence to the court?

All we’re pointing out is that Carter relies on your ignorance of the statute and of law to pretend he doesn’t have to send the documents required. He needs to be pulled up on this, as he is not representing the true legal situation.

But if nobody complains, he’ll continue to get away with it.

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi all,

I tried very hard to ensure my file is not affected by my past mistakes. I followed all advise given to me regarding Carter and this went well and i even got a letter from the court acknowledging my defence..... Unfortunately another/new court claim was issued against me around the same time and i didn't notice this in good time so a CCJ has been placed on my file on 23 MArch 2015. I am in tears right now because i feel it may be too late but is there anything i could do to have this removed? PLEASE HELP!!!!