** DISCONTINUED ** Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

[mystery1]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Should be 78 (6) not 78 (4).

S69 interest - tell them to gtf.

"The Claimants attempts at claiming post judgement interest are an attempt at unjust enrichment. The Defendant refers to s74 County Courts Act 1984 and section 2 of the County Courts (Interest on Judgement Debts)Order 1991 as a statutory bar on the Claimants claim to interest.Furthermore no contract entitling the Claimant to post judgement interest has been adduced in evidence and accordingly there is no entitlement to post judgement interest. Interest being owed as claimed is denied."

M1

[bigontv123]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Final letter (to date) from Bryan Carter.....

Without Prejudice.

Dear Bigontv123

we have been notified by the court that you have filed a defence. In an attempt to settle this before hearing and to avoid additional costs to both parties, we confirm our client is willing to accept full payment by monthly instalments. please insert an affordable sum in relation to your financial circumstances in the blank space in the proposed Order and sign and return it to us within 7 days.

If you prefer to settle the debt now then please contact us on 0845 ......... for a settlement figure.

please note if you default blar blar blar.

We look forward to hearing from you and hope we can agree to settle this matter without the need for a court hearing but if we do not hear from you we will apply to the court to strike out your Defence at hearing which, if successful, may result in further costs being payable by you.
************************************************** ***********************************

Do I have to reply to this letter? What do they mean by they will apply to the court to strike out my defence?

again. any advice on the letter above would be welcome.

Bigontv123

[mystery1]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Final letter (to date) from Bryan Carter.....

Without Prejudice.

Dear Bigontv123

we have been notified by the court that you have filed a defence. In an attempt to settle this before hearing and to avoid additional costs to both parties, we confirm our client is willing to accept full payment by monthly instalments. please insert an affordable sum in relation to your financial circumstances in the blank space in the proposed Order and sign and return it to us within 7 days.

If you prefer to settle the debt now then please contact us on 0845 ......... for a settlement figure.

please note if you default blar blar blar.

We look forward to hearing from you and hope we can agree to settle this matter without the need for a court hearing but if we do not hear from you we will apply to the court to strike out your Defence at hearing which, if successful, may result in further costs being payable by you.
************************************************** ***********************************

Do I have to reply to this letter? What do they mean by they will apply to the court to strike out my defence?

again. any advice on the letter above would be welcome.

Bigontv123

Strike out means they would apply to the court in the hope your defence would beripped up and thrown out as it has no realistic prospect of success.

If the debt is a credit card s78(6) is a defence so they'd fail.

M1

[okateo]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

I am in exactly the same pickle. Had all the same letters from BC and am now at the point where I don't have a clue what is going on!

[Amethyst]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

The 78 6 / 78 4 bit was my fault I think xxx sorry xxx

[bigontv123]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

The 78 6 / 78 4 bit was my fault I think xxx sorry xxx

Can I amend this?

[Amethyst]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Its not fatal don't worry, and isn't anything to do with them saying they are going to apply to strike out your defence. They haven't complied with your CPR request or your CCA request have they so I'd expect its just trying to get you to scare you into paying. Bryan Carters treatment of litigants in person is appalling generally.

Presumably you did put the dates in on your actual defence? (just checking as you've got the asterisks on the copy you posted)

[bigontv123]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Cool :tinysmile_grin_t:

Dates have been included in the defence. Just trying to be a secret squirrel, just in case anyone form BC are L@@king.

Do you think that I have to reply to their last letter?

Thanks

Bigontv123

[Amethyst]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

If it helps, they send this out quite indiscriminately... eg. http://www.consumeractiongroup.co.uk...=1#post4010522

[Amethyst]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Cool :tinysmile_grin_t:

Dates have been included in the defence. Just trying to be a secret squirrel, just in case anyone form BC are L@@king.

Do you think that I have to reply to their last letter?

Thanks

Bigontv123

Might be a plan, just to say thanks but no thanks..... will have a think in the morning xx sorry flagging a bit

[ohitsonlyme]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Botv
I am at a similar stage but a week or 2 in front of you, keep an eye on my thread it might throw up some help
Onlymeagain

[Twinks143]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Hi Bigontv123,

Can you give me an update as to how you are getting on as I am in a similar predicament and have been following your thread with interest. I am assuming that you didn't enter into correspondence regarding settling the debt by monthly instalments so how did you respond?

Twinks

[bigontv123]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Hi Twinks,

I Filed a defence, Filled out the questionnaire form from the court and I'm waiting for my day in court.

Regards,

Bigontv

[Twinks143]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Hi Twinks,

I Filed a defence, Filled out the questionnaire form from the court and I'm waiting for my day in court.

Regards,

Bigontv

Well good luck with this - please keep me posted!!

Twinks

[bigontv123]

Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

Hi,

The court has been in touch about mediation, scheduled for mid September. Can anyone give me advice on what I need to be asking for/discussing?

Thanks in advance.

Bigontv123