** WON ** STRUCK OUT - Court claim from Bryan Carter / Lowells

[Amethyst]

Re: Court claim from Bryan Carter / Lowells

Was there no date by which they had to comply or for you to enter defence by, or just the barred from obtaining default judgment bit?

Difficult to say on the CCA issue without seeing a copy - any chance you can scan/photograph and upload?

[mitty68]

Re: Court claim from Bryan Carter / Lowells

Was there no date by which they had to comply or for you to enter defence by, or just the barred from obtaining default judgment bit?

Difficult to say on the CCA issue without seeing a copy - any chance you can scan/photograph and upload?

Thanks, I've attached the relevant documents. They had to comply with the order by last Friday. I have until 4th July to file a defence, but that's irrelevant now? Even if the agreement is deemed to be acceptable (doubtful - there is a second page which is just as bad, but can you read it?!?!), they have still breached the order as they haven't provided all 6 documents referred to on the order. Technically I don't think they would have needed all 6 docs for their original claim, but if it's on the order, it's on the order!

Also I asked Northampton CBC for a hearing and paid for a hearing (£155), but when it was sent to my local court they made the order without a hearing. I presume I can claim a refund for the extra fee I paid?

[Amethyst]

Re: Court claim from Bryan Carter / Lowells

That order is super, barring the lack of proper sanction, it confirms the position that cpr 31.14 applies pre allocation

Let's discuss it with others tmw, it could be an application to strike based on non compliance with the order as its got the 20th June date on.... The order hasnt been fully complied with, and the cca request hasn't been complied with - yes that agreement is illegible - the numbers are ok but text looks like Greek to me.

[mitty68]

Re: Court claim from Bryan Carter / Lowells

Great, I'll hold off the letters until tomorrow evening.

Also I should mention that the image of my Bryan Carter letter is a screenshot which was then downsized, which has made it almost illegible itself. But the Order and Agreement are both scanned and look exactly like that. Lowells had already sent me that "agreement" last year and despite many many letters, they couldn't produce anything better, so I'm pretty sure they only have a microfiche of that quality.

[cherrybaby]

Re: Court claim from Bryan Carter / Lowells

Hi Mitty68

I just came upon your post and had a read and notice I am sort of in the same situation with BC and yeah those are the kind of documents that they are sending CCA that are not legible and assignment of debt and not deeds. I had to apply for an unless order even to get those, which arrived more than three months later and a week before I am meant to go to court for the unless order hearing, so now I have decided to defend using the rubbish that they have send me against them, but first I need to get them to agree to a consent order, which I plan to do today.

I am sure that you will get a lot of support and good advise on here so hang in there and good luck.

[mitty68]

Re: Court claim from Bryan Carter / Lowells

Thanks Cherry,

Yeah quite a few people seem to be in the same situation with BC. I think they just chance it hoping that you won't turn up at court and then the debt can be "kept alive" instead of becoming statute barred. I'm pretty confident writing the letters because I've spent hours reading other threads, but it's great to have people on here look over things as you're never 100% sure if you've missed something or that BC have some dirty trick up their sleeve!

I would really appreciate it if someone could explain the wording of my Order. My understanding is that a default judgment is when you do not defend a claim. Therefore it seems that I can only use my order if I do not enter a defence and BC go for a default judgment? From CPR:

Meaning of ‘default judgment’

12.1 In these Rules, ‘default judgment’ means judgment without trial where a defendant –
(a) has failed to file an acknowledgment of service; or
(b) has failed to file a defence.

If I file a defence then it would not be a default judgement and I couldn't use my order to debar them from entering it? Thats how it seems to me, but I'm hoping that someone can confirm that based on the order I can instead go to the court and have the claim struck out.

[MIKE770]

Re: Court claim from Bryan Carter / Lowells

Dirty Tricks by BC etc then they bring any Profession into Disrepute! as do DJs who ignore the legislation in many areas.

[Amethyst]

Re: Court claim from Bryan Carter / Lowells

Yep, its going to be an order for strike due to non compliance with the order. Your defence isnt due until the 4th and from my reading of it is reliant on part 1 of the order being complied with. It hasn't been - you have only been sent 2 of the 6 documents requested.

Default Judgment - basically if you don't enter a defence they can apply for judgment in default - I was trying to work out why the order gives that as a sanction - and from the order and reliance on their conforming with part 1 - it basically means they can never get default judgment until they have given you all 6 documents - which effectively stays the case.

Not really a satisfactory conclusion as it leaves it open ended.

Therefore an application to strike based on their non compliance seems the best route.

[mitty68]

Re: Court claim from Bryan Carter / Lowells

So do I need to do a separate N244 application to have it struck out? I rang the court this morning and the lady I spoke to told me to just write a letter to the court and it will then be put before a judge. Should I write something along these lines:

1. The court ordered that the claimant supply the defendant with several documents no later than 20th June, as per the order dated 4th June.

2. The claimant has breached the order and has failed to supply the documents.

3. The defendant has repeatedly requested these for over 12 months and it would appear that the claimant is not in possession of the documents.

4. The claimant has shown complete disregard for CPR as well as the order.

5. I respectfully request that the claim be struck out as the defendant is unable to fully plead without sight of the documents that the claimant intends to rely on.



I'm sure this can be improved, so if anyone can add anything it would be much appricated (I've seen something similar on this forum but I can't find it - It really laid into the claimant for breaching the CPR and had some stuff about Mitchell).

Should I attach costs to this? (another thing the judge missed off the order was the line about assessed costs). I'm quite happy to just get this struck out for now and then write to BC to negotiate costs, hopefully without having to go to court again.

[mitty68]

Re: Court claim from Bryan Carter / Lowells

Bump. Can any help me with the strike out request? I have seen a really good one on here before, but I can't seem to find it.

[mitty68]

Re: Court claim from Bryan Carter / Lowells

Just to update this, I wrote a letter to the judge and received a reply basically saying that you can't just write in and that I needed to make another N244 application for a strike out. I did this (Another £155) and after a long wait I finally got a hearing date for around Christmas. Bryan Carters wrote a letter a couple of days before saying they wouldn't be attending and that they wouldn't contest the strike out application provided that I didn't claim costs. I immediately replied informing them I would be claiming costs and that if they wanted to dispute this they should attend court.

Obviously they didn't turn up, I went straight in to see the judge at the hearing time and their claim was struck out for breaching the previous order within 5 minutes. The judge awarded me £300 costs, but didn't award me costs from the first order as that had "been and gone now". I'd claimed £800 costs which was probably pushing it a little, but did represent the time I'd spent on this! Still I'm happy with the result and glad to have it over.

I don't know how to update the thread title to Won/dismissed but I would like to say thanks to this site and the other helpful sites out there on the internet, as without the help, information and moral support that they offer, would allow these companies to both completely disregard the law and manipulate the law to bully people into paying.

[nemesis45]

Re: Court claim from Bryan Carter / Lowells

I'm sure one of the site team will up date the title for you in due course.

[Amethyst]

Re: Court claim from Bryan Carter / Lowells

Just to update this, I wrote a letter to the judge and received a reply basically saying that you can't just write in and that I needed to make another N244 application for a strike out. I did this (Another £155) and after a long wait I finally got a hearing date for around Christmas. Bryan Carters wrote a letter a couple of days before saying they wouldn't be attending and that they wouldn't contest the strike out application provided that I didn't claim costs. I immediately replied informing them I would be claiming costs and that if they wanted to dispute this they should attend court.

Obviously they didn't turn up, I went straight in to see the judge at the hearing time and their claim was struck out for breaching the previous order within 5 minutes. The judge awarded me £300 costs, but didn't award me costs from the first order as that had "been and gone now". I'd claimed £800 costs which was probably pushing it a little, but did represent the time I'd spent on this! Still I'm happy with the result and glad to have it over.

I don't know how to update the thread title to Won/dismissed but I would like to say thanks to this site and the other helpful sites out there on the internet, as without the help, information and moral support that they offer, would allow these companies to both completely disregard the law and manipulate the law to bully people into paying.

Ahh that is wonderful news, well done. And well done on the costs too, so guessing your £155 app fee, lost pay for the day and parking/travel etc?

Would you be able to post the application you made up to help others who are at a similar stage ? (of course take out anything personally identifiable). Would really appreciate it.

[PAWS]

Re: ** WON ** STRUCK OUT - Court claim from Bryan Carter / Lowells

Back of the net!cheer2.gif Well done Mitty and FP, Amethyst, Mystery 1 and all other contributors. It sure does make the heart soar when someone gets a result.

[mitty68]

Re: Court claim from Bryan Carter / Lowells

Ahh that is wonderful news, well done. And well done on the costs too, so guessing your £155 app fee, lost pay for the day and parking/travel etc?

Would you be able to post the application you made up to help others who are at a similar stage ? (of course take out anything personally identifiable). Would really appreciate it.

Thanks. No lost pay and I didn't ask for any as I was literally back home less than an hour after leaving. It was £155 plus a few hours LIP costs.

I'll post up all my paperwork once I've got the cheque and it's cleared!