ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Will they be required to supply documents Ive requested for mediation to go ahead thanks

If you have not received anything you wouldn't be in a position to mediate so it couldn't really go ahead.

[nemesis45]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

If you don't have the documents by the time the mediation appointment comes round the mediator will decline to continue and will return the claim to the court.
You have shown willing to attempt resolution via mediation the claimant has not provided the documents enabling mediation all looks bad for them.

nem

[greeny1013]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

So do i have to make copies of the questionnaire and provide copies to Bryan Carter?

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

So do i have to make copies of the questionnaire and provide copies to Bryan Carter?

Yes, a copy goes to him. :thumb:

[philvasili]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Hello. Don't panic! Bryan Carter Solicitors are renowned for using bullying tactics in chasing 'debts' that aren't real. I've just defeated them in claim they brought against me from a non-existent debt I was supposed to owe O2. Even before we went into court they asked if we could call it off - I had counterclaimed - and both agree to walk away. I refused so we went into court. As soon as we sat down the judge told the legal agent BCS had sent along - they didn't have the balls to turn up themselves - that he effectively had no case because not one original document in support of their claim that I owed O2 around 400 was supplied to the court. She eventually threw out their case. I would suggest that anyone in similar circumstances who has BCS chasing them for money fight it and ask them to prove their claim with original documents. In most cases I've heard about - and including my own - they have nothing to back their bullying other than a knowledge of how to manipulate the law to scare people. I am deliberating as to whether to take out a private case against them because they supplied a doctored exhibit to their witness statement i.e. they lied to the court about the veracity of a document with the intention and objective of getting money from me. Fight them and don't be scared! If it goes to court ask to see all original documents and witnesses from the original creditors.

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Hi ive not received an email about mediation. I still haven't received any information from bryan Carter. Please advise what I need to do

Thanks

For now just relax and enjoy the end of the summer. :ranger:

The mediation service will get in touch in due course but they are quite busy so it may be a bit longer. In any case, they'll say you have to answer yes to all four questions, one of which will be whether you have enough information about the case, the other whether you are willing to consider settlement (as that's the whole purpose of mediation). If you haven't receive the documents by the time they contact you, you can't answer yes to those questions so it will all be just a formality and the case will proceed to court.

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Those are the four points I was referring to, and you can't confirm you have enough information and require no further evidence if you haven't received any documents :nono: so you'll have to decline on those grounds.

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Should I reply saying this

I can't confirm that I have enough information about the claim. I have requested this from Lowell and their solicitor and to date have not received this.

Yes, you can say that basically nothing has changed since you submitted your defence based around not having received any documents from them, they've not sent anything.

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

This is the response from mediation

The case will now be transferred to local court to proceed; there may be a further opportunity to mediate when the District Judge makes directions.
Do you think this will end up in court?

It's just the next step down the line. I can't tell you what the outcome will be, just what the process normally is.

The directions mentioned above will require both parties to provide each other with the evidence they intend to rely on at the hearing, at least 14 days prior to the hearing. That will mean them providing you with the documents they've so far, been unable to obtain, so what are the chances of them getting their hands on them now? :flypig: :flypig: :flypig: If they can't supply them, they may have to end up discontinuing the claim. ray: Now that would be a shame, wouldn't it? :lol:

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Wrong thread.

[greeny1013]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

So after receiving and completing the questionnaire and receiving BCS questionnaire and we both ticked the yes box for mediation, both opted for my local court for proceedings to take place and I have heard nothing about this until yesterday when I received the following letter.

'The Small claims mediation team has been unable to secure a mediation appointment at this time. Please now follow the instructions set out below:

This claim has been transferred to the county court hearing centre listed below for allocation. On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions.
Details of the judges directions will be sent to you in a notice of allocation.

If you would like further information you can contact the local county court hearing centre directly but please await the judges directions.'

Now, is this normal for mediation to be skipped without attempting mediation? Also, is there any reason it has been reallocated to a county court further away than my local court? I didn't think county courts dealt with small claims?

Thanks in advance.

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

If you would like further information you can contact the local county court hearing centre directly but please await the judges directions.'

Now, is this normal for mediation to be skipped without attempting mediation?

Mediation can only take place if you had responded 'YES' to all four questions, including the one about having enough information. From posts above, I can see this wasn't the case:

Should I reply saying this

I can't confirm that I have enough information about the claim. I have requested this from Lowell and their solicitor and to date have not received this.

Also, is there any reason it has been reallocated to a county court further away than my local court? I didn't think county courts dealt with small claims?

Thanks in advance.

Yes, county courts deal with small claims, otherwise where would they be dealt with?

[MIKE770]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

on holiday then let the court know and ask for a new date, you are the one in question!

[greeny1013]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

So a quick update from me:

After receiving the letter advising it had been allocated to the court further away, I received a call from the mediation team, I advised I had still not received the paperwork I requested from BCS or Lowell and they marked the case as not suitable for mediation.

last Friday I received another letter to advise that the case has been allocated to another court once again, and looks like it will be at the court in the next town to me, which is better should it go to court.

I'll await further letters!

[nemesis45]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

So a quick update from me:

After receiving the letter advising it had been allocated to the court further away, I received a call from the mediation team, I advised I had still not received the paperwork I requested from BCS or Lowell and they marked the case as not suitable for mediation.

last Friday I received another letter to advise that the case has been allocated to another court once again, and looks like it will be at the court in the next town to me, which is better should it go to court.

I'll await further letters!

That's the only choice the mediation team had open to them if documents have not been supplied.

nem