*WON* Received court claim from Bryan Carter

[MIKE770]

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

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

[nemesis45]

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

Send the same template as I did the 1st time and a postscript, saying " remind them that CPR 31,14 is 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." ?

Sorry to be dim.

Yes that will be OK.

nem

[aaroncaz]

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

Send the same template as I did the 1st time and a postscript, saying " remind them that CPR 31,14 is 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." ?

Sorry to be dim.

- - - Updated - - -

Does it mean they don't have the documents? Surely if they did they would send them?

[nemesis45]

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

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

You are chasing the CPR 31.14 request as being still relevant until the claim is allocated to the SCT. ( template in the forum library) signed for post if possible otherwise get free proof of posting and keep it safe.

nem

[aaroncaz]

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

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

[nemesis45]

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.....

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.


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"

Standard template letter for CPR 31.14, chase this with Carter, remind them that CPR 31,14 is 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.
Another template will no doubt arrive. You mention the non compliance in your defence.
It's non of Carters business to assume what you may or may not have received from the creditor, in any case Carter must disclose the documents within 14 days at the latest before any hearing.
Do not chase the CCA Request failure to comply within the 12 + 2 Working days renders the debt unenforceable until the agreement is produced.

nem

[aaroncaz]

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.....

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.


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"

[aaroncaz]

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

Letters sent today.

[aaroncaz]

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

Ok thanks.

[FlamingParrot]

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

Not quiet sure what happens when my defense is due? is that after 28 days from the letter? What I must do or they must do? Sorry to be so dim. Do I respond to the court............

You need to look at the date printed on your claim, your defence is due a maximum of 33 days from that date, not from when you sent the letter (it's 28 days + 5 allowed for service). If you have acknowledged service, you have already responded to the court. You will need to file your defence with the court before the due date, on the same website where you went to acknowledge service. For now just relax and await Mr Carter's response. :ranger:

[aaroncaz]

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

Not quiet sure what happens when my defense is due? is that after 28 days from the letter? What I must do or they must do? Sorry to be so dim. Do I respond to the court............

[FlamingParrot]

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

If I send them tomorrow, then probaly won't expect to hear anything, until the end of next week, week starting 24th.

You will hear from Mr Carter, he will send a letter saying that the claim will be allocated to small claims where CPR 31.14 does not apply... :blah: :blah: :blah:

That's his standard template response to all requests, and we also have a standard letter for that. :typing:

The likelihood of getting a reply from Lowell before your defence is due is less than the likelihood of there being a hard frost tonight! :flypig:

There's no need to chase the CCA request since non-compliance can be used in your defence but do keep an eye on the calendar and an eye out for a response from Mr Carter. :ranger:

[aaroncaz]

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

If I send them tomorrow, then probaly won't expect to hear anything, until the end of next week, week starting 24th.

[FlamingParrot]

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

I have a vague memory of sending a PO and them just crediting my account with the £1, not sending me the contract way back in 2008.

That has happened a number of times. :mmph: When I sent CCA requests I made a point of typing "I enclose PO number ___________...." on the letter and filling in the number by hand at the PO before sticking in the PO and sealing the envelope. That way it was established that the PO in question was for the CCA request. I also kept a copy of the CCA request letter so if £1 suddenly appeared in the account, I could easily explain it.

It's not a big deal when you send the CCA request right at the time you stop paying (like I did) or while you are still making regular payments (like you did), however, if you haven't paid in several years, you wouldn't want that £1 payment resetting the clock! :scared:

[aaroncaz]

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

I have a vague memory of sending a PO and them just crediting my account with the £1, not sending me the contract way back in 2008.