*WON* Received court claim from Bryan Carter

[Berniethebolt]

Re: Received court claim from Bryan Carter..... help please

Assuming you are filing online I would set your target date a few days before the 16th,' just in case'. Just in case of what I am not sure but murphys law usually kicks in , or it does when I have a deadline

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

Forgot to mention letter said " our client is not agreeable to an extension for filing your defense,"

He's never agreeable to anything! :rant: :rant: :rant:

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Forgot to mention letter said " our client is not agreeable to an extension for filing your defense,"

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

33 days from the 14th which is date on claim form takes us up to
16thSeptember.

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

Thanks for that, seems a bit clearer now!

How long do we wait now for a reply?

No documents, no case?

You still need to submit a defence in time, the one where you say you've not received any documents. You have a maximum of 33 days from the date printed on your claim to submit it, otherwise Mr Carter can request default judgment, :scared: even without documents, as that's a purely administrative procedure.

Knowing Mr Carter, he will neither provide documents nor agree to an extension, :rant: so you'll just need to file that generic defence and follow through with the process. :ranger:

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Thanks for that, seems a bit clearer now!

How long do we wait now for a reply?

No documents, no case?

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

I have gone and posted your template and the 1st one didn't include an extension, so now he will have 2 replies tomorrow!

I'd say suits him right! :lol:

But I will wait in future.

I really don't understand a few points here, abt a defense, what I do, what it is! etc.....

There are so many people here who get claims where the claimants haven't got any documents (I'd say 99% of them! ) so there's a fairly generic defence to be sent in those cases where the deadline comes without them supplying anything, you can see the example defence here: http://www.legalbeagles.info/forums/...t-Court-Claims

also all this messing abt with not sending documents. agreements? If Bryan Carter has them why just not send them?

Ah, but who says he's got them? The way it works is, debt purchasers such as his illustrious clients Lowell buy the accounts for peanuts without a shred of paperwork. They hope to collect the full amount using threats and harassment, when they fail to do so, they take it to court in the hope of obtaining default judgment, which is how over 75% of money claims end.

When someone challenges them to produce the documents, Lowell have to go back to the original lender who would be in no immediate rush to dig them up as they'd sold the account a long time ago, so they never know whether they'll be able to get their hands on anything or not. :noidea:

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

I have gone and posted your template and the 1st one didn't include an extension, so now he will have 2 replies tomorrow!

But I will wait in future.

I really don't understand a few points here, abt a defense, what I do, what it is! etc..... also all this messing abt with not sending documents. agreements? If Bryan Carter has them why just not send them?

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

It's always best not to rush to post things even when some people here do rush to post up.

Knowing Mr Carter, he will deny your request anyway, :ohwell: it's just a matter of establishing you did all you could to get them to send you the documents. One thing I can say is, If your response didn't include a request to agree to an extension to file your defence (which he's bound to decline), you can't mention that point when you submit a generic defence based on the fact he didn't supply you with documents, if you see what I mean. :mmph:

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Thank you for that, but I have already posted a reply :

Thank you for your reply dated 19/08/2015 regarding my request for documents mentioned in a statement of case under CPR 31.14.




My request of CPR 31.14 is still relevant to the claim until it is actually allocated to the Small Claims Track and I expect the documents to be with me by return of post.


Please find the original request enclosed.


In my haste wanted it posted off but i can go post your draft, shall i do that?

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

You can respond to this letter reminding the claimant the claim has not yet been allocated to any track;



Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim No: xxxxxxx
Claimant v Defendant

Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Your Name

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

Recieved 2 jetters today from Bryan Carter, the one dated the 17th saying how much I owe and that they had issued litigation proceedings in the court and I would receive them in the next 48 hours.....

Oh dear, he's still doing that! Sending letters that arrive AFTER the claim and giving you 48 hours to respond, that's not at all compliant with the pre-action conduct, which he seems to think does not apply to him! :mad2:

The 2nd letter dated the 19th saying the claim form was issed by the county court and the courts protocol was followed when issuing claiments particulars of claim practice direction 7c point 1.4 (3A) eliminates the requirments to attach the particulars of the claim when they are issued by this court.........................and that the matter will be allocated by the small claims track............

There is a bit more in the same vein.

How do I proceed please.

That's his standard template response to ALL CPR requests he receives, and this is a link to our standard response to his response:
http://www.legalbeagles.info/forums/...385#post410385

It also says " in any event the notice of default and assignment left the control of the claiment when they were dispatched to you
it is the original creditors policy to issue agreements at the start of the contract and statements ......... and to refer to my own rrecords"

That's part of his generic rubbish, how could possibly know what the original creditor's policy would have been when his clients buy debts from so many companies and such a wide range of debts, from mobile contracts to overdrafts and credit cards...

Thank you, just a bit confused which template do I send back to Carter? And recorded delivery again? Or just compose a letter?

This one: http://www.legalbeagles.info/forums/...385#post410385

- - - Updated - - -

Im going to add the postscript : still relevant to the claim until it is actually allocated to the Small Claims Track and you expect the documents to be with you by return of post." in a new letter and send the original request as well, or should I do it all in one letter?

That's part of the standard response I've just linked to: http://www.legalbeagles.info/forums/...385#post410385 :thumb:

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

I'll send them recorded want to be sure they get them. One less worry.

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Im going to add the postscript : still relevant to the claim until it is actually allocated to the Small Claims Track and you expect the documents to be with you by return of post." in a new letter and send the original request as well, or should I do it all in one letter?

[nemesis45]

Re: Received court claim from Bryan Carter..... help please

always send these letters "Recorded Delivery" as proof of posting is not proof of Receipt.

" signed for post now!
POP is IMO ok in this situation as it will be mentioned in the defence that a request was sent on ........................
and the solicitors have failed to comply.
nem