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

[Amethyst]

Re: Court claim from Bryan Carter / Lowells

Ahh super, well done. And thank you for coming back and letting us know the outcome.

[Thandabird]

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

Well done Mittty. Very encouraging to others and proves that this guys can be beaten at their games.

Brilliant result.

[Kadafi]

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

Well done mitty68 on your victory. I have a court date with BC on 26th march, I haven't applied for a strike out but I just hope they discontinue as after 5 months of asking they have supplied no documents.

Excellent outcome and at least you got £300 from them!

[blanker]

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

Well done!!!!!!

Now just hope they dont pay and apply to the high court pay the extra £60 and video them and send in the sheriffs give them a taste of their own medicine

I dont think karma exists but you got to admit many people reading this will agree you should do it, hell we will even donate the £60 ourselves for you to do it

[ohitsonlyme]

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

Well done mitty!
This shows that taking them on with an application to supply is a good route to take rather than the ping pong mail that BC play telling anyone that it is likely to be allocated to small claims
At the early stages Northampton bulk centre claims are unallocated and therefore an order to supply by n244 has certainly worked in this cas

[Kati]

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

Well done from me too

[mitty68]

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

Well the cheque has cleared now (Thanks BC/Lowells - hope you guys didn't pay too much for the £13k debts), so I'll post my witness statement here. It's also worth mentioning that the DJ asked me three times if I'd received a default notice which I hadn't, so it would appear that it was struck out on that basis. The judgement letter just said it was due to failing to comply with previous court order, which had been asking for 6 documents - not all of which were legally required as far as I know, because some people on here had said that notice of assignment etc were not requirements. He didn't say anything about the illegible credit agreement, but presumably it would have been struck out anyway on that basis, even if they had supplied me with copy of a default notice.

Together with this witness statement was an evidence pack containing copies of the exhibits referred to, as well as the N244 form and a costs sheet. Obviously the details are specific to my case, but it might help someone out there as it did take me a long time to find all the information required to write it.



******** 2014

In the **************County Court
Claim Number: **************

Between:


****************************

-And-

****************************

_________________________

WITNESS STATEMENT OF

**************************
_________________________

1. I *********************** being the Defendant, am a litigant in person in this case.

2. I make this Witness Statement in support of my application for a strike out due to the claimants breach of a previous court order and non-compliance with CPR 31.14.

2. The claimant first contacted me regarding the alleged debt in March 2013. I requested that the claimant send me proof of the debt in the form of a true and legible copy of the agreement and the deed of assignment. The claimant failed to supply me with the documents despite me requesting them numerous times. The requests were sent via recorded delivery. (Exhibit 1)

3. On the ********** 2014 I was issued with a claim form by the Claimant.

3. On the ********** 2014, I sent a letter to the Claimant’s legal representative, Bryan Carter Solicitors, requesting under CPR 31.14, all documents mentioned in the particulars of claim (Exhibit 2)

4. The request was sent via recorded delivery (Exhibit 3) and it was delivered to the legal representative’s office on ************* 2014. (Exhibit 4)

5. On the *********** 2014, the Claimants legal representative replied to my letter stating that I should refer to my own records of the documents. (Exhibit 5)

6. On the ************ 2014 I applied to the court for an order for the claimant to supply me with documentation listed 1-6 on my letter dated ***************2014 (Exhibit 2). The order was made on the ********** 2014 (Exhibit 6) which gave the claimant until the ************** 2014 to supply the documentation.

7. On the ******************2014, the claimant supplied a statement of account and also another illegible document (Exhibit 7). This did not comply with the court order.

8. Despite failing to comply with the court order, the claimant applied for default judgement in early ***************, but this was refused by the court due to non-compliance with the order. This means that the case is now in limbo as the claimant obviously does not hold the documents on which their case relies, or I would have been supplied them at some point during the 2 years of requests, including the recent request backed by court order.

9. On the *************October I telephoned the claimants solicitors, and offered to settle costs if they we’re willing to discontinue their claim. The advisor that I spoke to said that this was not possible and that “currently they are in discussions with the court”. I replied that I thought that was unlikely and a later call to ********* Court, confirmed that there were no discussions taking place.

10. The Claimant and their representative have shown clear disregard of the court order (Exhibit 6) and of CPR31.15 which clearly state that;

Where a party has a right to inspect a document –

(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.



11. The CPR 31.14 is outstanding to this date, and having given the claimant every opportunity to comply, it is not possible to submit a defence without the documentation on which the claimant’s case relies. In view of the claimants conduct, I respectfully request that the case is struck out.

12. I have attached a summary of my wasted costs incurred to date due to the claimants actions.

13. Statement of Truth:

I, *****************, the Defendant, believe the facts stated within this Witness Statement to be true.




Signed:



Dated: