Receive court claim from Bryan carter

[FlamingParrot]

Re: Receive court claim from Bryan carter

Just an update and anyone's thoughts would be welcome although i appreciate i may need to speak to the court.
Did the usual stuff by asking BC for the documents mentioned in POC. Got his usual reply so sent another letter reminding him of his duty. Needless to say i got the same response and also a refusal to extend.
Sooooo..bear with me. I decided i really needed to follow through with the CPR request so sent of the N244 along with fee to try to obtain a "unless order"
Now i though/or think...i still need to file a defense as unfortunately time is not on my side as my 28+5 has dropped on a month with two bank holiday weekends in it so my "unless order" is in a big pile of letters a Northampton. OR SO I THOUGHT.
I have just been online on the MCOL site for the first time as the site was down when i first got the claim against me and interestingly it says in the history bit that:-
A claim was made against me on the 28/04/15
You acknowledged the claim on 05/05/15

You still have till the end of May to file a defence if the claim was dated the 28th of April: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

YOUR claim has been sent to my local court on 21/05/15

It also says i can no longer respond online?
Going on the date it is obvious it is the "unless claim" that has been sent to my local court as the claiments claim is still within time but the site will now not let me file a defense i was not going to yet but still it wont now let me...so does this mean i now dont have to till the unless order is dealt with?

Check with your local court that they have received your order. Bear in mind that, once you file a defence, the claim will be allocated to the small claims track if it's under £10k. Part 31 of the CPR does not apply to small claims and that's the part you've used to submit the request you are trying to enforce with the unless order.

[greensoarer]

Re: Receive court claim from Bryan carter

Not spoke to the court yet as not open but just been reading on the site that as long as my n244 application is paid and processed then BC cannot get a default judgement if i dont file a defense. I really dont want to file yet as that would scupper the CPR request. Also my application will be in front of BCs application will it not?
Cheers

[greensoarer]

Re: Receive court claim from Bryan carter

OK, just spoke to the court and did not even have to ask about filing defense as the woman on the phone went through all the goings on with all the dates and then said i dont need to do anything now till i get a letter from the court with a hearing date. I then got here to confirm again that i dont need to file a defense and BC cannot now get a default judgement and she confirmed. So the pressure is of for a few days now.

[FlamingParrot]

Re: Receive court claim from Bryan carter

Not spoke to the court yet as not open but just been reading on the site that as long as my n244 application is paid and processed then BC cannot get a default judgement if i dont file a defense. I really dont want to file yet as that would scupper the CPR request. Also my application will be in front of BCs application will it not?
Cheers

OK, just spoke to the court and did not even have to ask about filing defense as the woman on the phone went through all the goings on with all the dates and then said i dont need to do anything now till i get a letter from the court with a hearing date. I then got here to confirm again that i dont need to file a defense and BC cannot now get a default judgement and she confirmed. So the pressure is of for a few days now.

Well done! The idea was to make sure they had your application because that would stop them from being able to obtain default judgment. Had you filed a defence as suggested above, the unless order would very likely have become redundant because you are asking the court to enforce a request under Part 31 of the CPR which does not apply to the small claims track.

[greensoarer]

Re: Receive court claim from Bryan carter

Another update
Received a letter from local court today. The judge has made an order without a hearing even though i paid for one? to be fair i thought he would do that.
Anyway i am not too impressed with it as the judge has given them 14 days instead of the 7 i requested and then given me 14 days after to file defense. It also dont mention the costs of this order being their responsibility which i thought it would as why should i be out of pocket to make BC stick to the rules.
Anyway lets see what happens.
Ian

[FlamingParrot]

Re: Receive court claim from Bryan carter

If they've not been able to find the documents so far, they probably won't find them in the next two weeks, so with a bit of luck, you may be looking at a discontinuance or a strike out. ray:

[greensoarer]

Re: Receive court claim from Bryan carter

Thanks for that, hopefully BC as usual is dabbling in speculative litigation with no paperwork to back up but i suppose we will see. If it is the case then i will still chase up the N244 cost.
Ian

[greensoarer]

Re: Receive court claim from Bryan carter

Another update
Just spoke to the court to ask if BC has sent the paperwork to them as ordered in the unless order because he has not sent it to me and the dead line is up today......and guess what?.....he discontinued on the 18/06/15 but he dident feel the need to let me know that.
So the plan is now to wait till the DJ rubber stamps it as there is a back log....surprise surprise... and then start poking him with a stick to get my N244 cost back and my time defending this unsubstantiated claim.
Thanks for everyone's help so far, watch this space.
Ian

[FlamingParrot]

Re: Receive court claim from Bryan carter

Another update
Just spoke to the court to ask if BC has sent the paperwork to them as ordered in the unless order because he has not sent it to me and the dead line is up today......and guess what?.....he discontinued on the 18/06/15 but he dident feel the need to let me know that.
So the plan is now to wait till the DJ rubber stamps it as there is a back log....surprise surprise... and then start poking him with a stick to get my N244 cost back and my time defending this unsubstantiated claim.
Thanks for everyone's help so far, watch this space.
Ian

Even though Mr Carter was his usual obstructive self till the end (probably to embarrassed to admit defeat :grin, at least you got the outcome you hoped for. :whoo: :whoo:

It goes to show it's still worth going down the unless order route in some cases. :thumb: