ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

[greeny1013]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Can anyone confirm if the above defence is worthy of submitting? I'm worried that my time is running short to submit it haha

[jon1965]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Heres the amended version:

1: I received the claim Bxxxxx5 from the Northampton County Court on 25^th June 2015

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: The Claimants statement of case fails to give adequate information to enable me to determine what this claim refers to, only that it is an agreement regulated by the Consumer Credit Act 1974.

4. The particulars of claim fail to state when the agreement was entered into.

5. The Claimants statement of case states that the account was assigned from HSBC Bank PLC to Lowell Portfolio LTD on 05/02/2013. The Defendant does not recall receiving notice of this assignment.

6. It is denied that HSBC Bank PLC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

7. It is denied that HSBC Bank PLC served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 28^th June 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Bryan Carter Solicitors LLP has not sent any of these documents to me.

10. On the 28^th June 2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio LTD pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s77/s78 Consumer Credit Act 1974 and by virtue of s77/s78 Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Looks ok to me, except the highlighted numbers look the same, remember to renumber

[greeny1013]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Thanks FlamingParrot, and thank you Jon1965.

I have made the last amendments and have submitted my defence.

Do I now just wait until I hear something from either Lowell, Bryan Carter or the courts?

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Thanks FlamingParrot, and thank you Jon1965.

I have made the last amendments and have submitted my defence.

Do I now just wait until I hear something from either Lowell, Bryan Carter or the courts?

Sorry, been out all day but I see Jon has done the honours. :yo:

Yes, it's a waiting game now. :ranger: They have 28 days to respond after receiving your defence, to say whether they want to continue with the claim. If they don't respond the case will be stayed but you won't be informed. If they decide to continue you will receive a directions questionnaire from the court. You may also receive a letter from Mr Carter asking you whether you want to settle, he's been sending quite a few of those. Do keep us posted :typing:

[nemesis45]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

The template I used stated sections 77-79 of CCA - so should I just put S77/S78 - I'll recopy the template and amend it again.
I'll post once done.

Nem - Forgive me for being a bit thick haha, but are you saying they might pull out some form that has been chucked together and suggested I filled it in?
When you the relevant T's & C's do you mean them not responding to my requests?

Thanks

Possibly they might.
We sorted the " thread confusion" earlier I think down to me on a foreign machine.



nem

[jon1965]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Nem
Have you seen the agreement because it is not on the thread and in the defence it says failed to comply. I am confused.
If you have seen the agreement it put us at a disadvantage when trying to help with the defence

Glad to see it's sorted. Bloody foreigners :-D cause all sorts of trouble.

[greeny1013]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Hi guys, So heres an update.

On 22nd July I received confirmation of submission of my defence from the court.

Yesterday I received a letter from BCS to confirm their intention to proceed with this matter, and they will send notification to the court shortly.
Before they do though they are prepared to enter negotiations.

Do I have to respond or just wait to receive notification from court?

[nemesis45]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Hi guys, So heres an update.

On 22nd July I received confirmation of submission of my defence from the court.

Yesterday I received a letter from BCS to confirm their intention to proceed with this matter, and they will send notification to the court shortly.
Before they do though they are prepared to enter negotiations.

Do I have to respond or just wait to receive notification from court?

Seems like they want more time, if the they are referring to Mediation via HMCTS
Small Claims Mediation service they will be aware of the delay in getting mediation
appointments, and that if you don't have sufficient paperwork to reasonably
" negotiate" the mediator will decline to continue.

Wait and see I think!

nem

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Hi guys, So heres an update.

On 22nd July I received confirmation of submission of my defence from the court.

Yesterday I received a letter from BCS to confirm their intention to proceed with this matter, and they will send notification to the court shortly.
Before they do though they are prepared to enter negotiations.

Do I have to respond or just wait to receive notification from court?

If you look around, you'll find this is Mr Carter's latest template letter he's been sending to everyone who submits a defence, obviously a last ditch attempt at getting people to contact him with an offer, in view of the fact his clients are not very likely to be able to find any paperwork. Just trying to see if someone bites. :nono:

I'd just wait to hear from the court and be sent the N180 directions questionnaire to fill in. :ranger:

[nemesis45]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Ive had exactly the same letters. The 28 days when does this start from and does it include weekends? Thanks

A claimant has 28 days to respond to a defence from the date the court passes the defence to them.
nem

[nemesis45]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Does the 28 days include weekends? The court sent me a letter dated on 22nd July saying they received my defence

28 Calendar days inc. weekends and bank hols.

[nemesis45]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

So today is 28 days and I haven't had a letter from the court? Will it be left now?

Check with the court to see if the claim has been stayed as Carter has not responded, you don't get told when this happens.

nem

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

So today is 28 days and I haven't had a letter from the court? Will it be left now?

Courts are not always that speedy when it comes to handling claims as they have quite a lot of them to deal with.

If the case is stayed it doesn't mean it's over, it's just left in 'limbo' so to speak and they can apply to lift the stay if they manage to obtain documents later on. That has happened a few times, the main reason they'd leave the claim stayed is because they know they wouldn't be able to comply with the court's directions to provide you with the documents at least 14 days before the hearing.

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

I have received a notice of proposal allocation to the small claims track.
It says this is now a defended claim.
It appears this case is suitable for allocation to the small claims track.
If you believe that this track is not the appropriate track for the claim, you must complete c1 on the small claims direction questionnaire (form n180) and explain why.
You must by 7 September 2015 complete the small claims directions questionnaire (form n180) and file it with the court office
The county court business centre Northampton
And serve copies on all other parties

Please can you advise, thanks

That's just standard procedure, you need to complete the questionnaire and return it to the court as indicated, a copy to Mr Carter only.

There is no reason to argue that small claims is not appropriate, always a good idea to tick the mediation box.

Do give details of your local court as that's where you'd have to go if you need to attend a hearing and you don't want to be travelling far, also provide dates when you don't expect to be available. No need for experts or interpreters and under D3, only one witness (yourself).

Any more questions just shout. :director:

Once the questionnaires are returned, the court will give directions including the requirement to provide the documents they are relying on, at least 14 days before the hearing date, at that point they may well stumble and we could be looking at a discontinuance. ray: ray: ray: There's been a few, this is one example:

Lo and Behold, i do receive something alright. Just got home to a letter from Bryan, it is a Notice of Discontinuance!!!! This letter is the happiest thing to have happened to me in the months that this started. I am more than extremely happy and thankful to those that stuck with me throughout this process and to those that offered up their time to me.

:grin: :grin: :grin:

[nemesis45]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

If I tick mediation is it not likely they will accept this? What happens if it they do want mediation?

The courts expect both parties to a claim to attempt resolution without recourse to a hearing.

The HMCTS Small Claims Mediation Service can arrange " telephone appointments" where a mediator to relay each parties arguments for response this will continue until either an agreement is reached or there is deadlock.

If agreement is reached the mediator will arrange that a Consent Order/Tomlin Order is drafted laying down all the terms of the agreement, you will receive a copy to sign and so will the claimant these are then sent to the court to be sealed and you the get a copy back.

As long as the terms of the order are met they claim is stayed and no CCJ is recorded.

If the defendant breaks the agreement the claimant can apply for summary judgement and can then take action to enforce the judgement.

Any agreement on payment offered and accepted Must be reasonable, affordable and sustainable of an extended period.

nem