Bryan Carter and Lowell

[judgemental24]

Re: Bryan Carter and Lowell

I will say if Uncle Bryan issues a leter before action he normally does go ahead with a court claim without further notice

[leeg]

Re: Bryan Carter and Lowell

In that case, I'd better get this SAR sorted out proto. ....

[judgemental24]

Re: Bryan Carter and Lowell

The SAR will go to EE

Respond to uncle Bryan and state that you stand by your last communication that this account is statute barred and any claim will be defended on that basis. Send it by email as you have already stated this once already. Make sure you enclose the reference number

[leeg]

Re: Bryan Carter and Lowell

OK I'll give that a go then, cheers......I'll keep you posted!

[FlamingParrot]

Re: Bryan Carter and Lowell

I will say if Uncle Bryan issues a leter before action he normally does go ahead with a court claim without further notice

He does, but he can also be stopped in his tracks by responding in accordance with the pre-action conduct, basically asking him for the documents that he'd be relying on when he issues a claim. I drafted a letter to that effect for someone off the forum, for a couple of mobile contracts, and he seems to have forgotten them. :grin: :grin:

[leeg]

Re: Bryan Carter and Lowell

That's really what I'd like to do.... I'm not keen on waiting for the court papers to come through the post..... so is it better for me to send an email informing them of my intentions, or write to them requesting info as flamingparrot suggests?
It's all getting a bit complicated now

[Amethyst]

Re: Bryan Carter and Lowell

I would respond to the pre-action letter as per FPs post.

[leeg]

Re: Bryan Carter and Lowell

iIs there a particular letter template for this information request, similar to a cca?

[nemesis45]

Re: Bryan Carter and Lowell

iIs there a particular letter template for this information request, similar to a cca?

In the forum library.

nem

[leeg]

Re: Bryan Carter and Lowell

In the forum library.

nem

I've had a look in the Library..... is it a cpr 31.14 letter I need? If so, can I send it before Bryan has made a claim to the court?

[judgemental24]

Re: Bryan Carter and Lowell

Just my opinion and only mine

You have responded to Uncle Bryan and his pre-action protocol letter.
You have stated "Bog off" it is statute barred

It is now up to Carter if he wishes to procede with a claim. normally just a whiff of a defence he drops it and runs for the hills.

If he does issue a claim you hit him with the CPR 31.14 which as usual he will ignore

You then use the Statute Barred defence

It will then be up to Carter to prove it is not statute barred

That is what i would do in your position, but that is me

Anyone can issue a claim, going through to the end is a whole new ball game

[nemesis45]

Re: Bryan Carter and Lowell

I've had a look in the Library..... is it a cpr 31.14 letter I need? If so, can I send it before Bryan has made a claim to the court?

No it's the reply to a " letter of claim".
CPR31.14 is a request for docs mentioned in a claim (POC).

nem

[leeg]

Re: Bryan Carter and Lowell

thanks everyone for all the advice.

I think im going to send a SAR to EE, just so I'm armed with some defence should Bryan come at me with a CCJ.

Cheers guys, I'll post the outcome, if there is one!

[FlamingParrot]

Re: Bryan Carter and Lowell

iIs there a particular letter template for this information request, similar to a cca?

This one has been tried and tested with at least a couple of mobile contracts where Carter gave up the ghost. :grin:

Brian Carter Solicitors LLP
11 De Havilland Drive
Weybridge
Surrey
KT13 0YP

Your reference: xxxxxx

Dear Sirs

Re: Account number xxxxx

Thank you for your letter dated xx/xxxx/2015, the contents of which have been noted. As you have headed it Letter of Claim, I would like to refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
Paragraph 6 of the PD states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6(c) refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:

1. The original mobile contract;
2. The Default Notice;
3. The Notice of Assignment to your clients;
4. Statements of account.

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.

In accordance with the PD, I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours faithfully,

[judgemental24]

Re: Bryan Carter and Lowell

That i like