*WON* Received court claim from Bryan Carter

[nemesis45]

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

Received a letter today from the County Court saying the claimant has until 15th January to provide the defendant copies of the Agreement relied on, the relevant Default notice, a copy of the Deed of Assignment to the Claimant and notice to the defendant of the assignment.

The letter then goes on to say within 21 days of service of the above documents on the Defendant, the Defendant shall clarify to the Court in writing whether she intends to defend the claim against her and shall, at the same time, make any received applications to amend her defense.

What happens if they don't produce them by the 15th Jan?

Also Carter has not replied as yet to the 2nd letter I sent abt the incomplete credit agreement they sent.

Thanks for all your help so far.

Good morning,

If the claimant does not comply completely with the courts order you can ask/ the court will strike out the claim.
I doubt a judge would allow any further time for the claimant to provide the documents.

nemmashappy:

[aaroncaz]

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

Received a letter today from the County Court saying the claimant has until 15th January to provide the defendant copies of the Agreement relied on, the relevant Default notice, a copy of the Deed of Assignment to the Claimant and notice to the defendant of the assignment.

The letter then goes on to say within 21 days of service of the above documents on the Defendant, the Defendant shall clarify to the Court in writing whether she intends to defend the claim against her and shall, at the same time, make any received applications to amend her defense.

What happens if they don't produce them by the 15th Jan?

Also Carter has not replied as yet to the 2nd letter I sent abt the incomplete credit agreement they sent.

Thanks for all your help so far.

[aaroncaz]

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

Thanks, I should know but what do you mean by POC?

[nemesis45]

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

Thx. Do nothing more?

I suspect this has been in the hand of a trainee paralegal, there's been some horrendous witness statements and POC's
coming out of Carters office.
Send that rejection letter again addressed to Bryan Carter Esq. Private & Confidential.

nem

[aaroncaz]

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

Thx. Do nothing more?

[MIKE770]

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

await next missive

[aaroncaz]

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

Ok,

What you tell Carter,

Dear Mr Carter,

Re: Claim No.................................:

I am in receipt of a number of pages of " Terms and Conditions" which you claim is the agreement relevant to the alleged debt which is the subject of this claim, however I am sure you are fully aware that the documents provided do not satisfy my CCA request or CPR31.14.

I suggest that if this is the document your client intends to rely upon in court I suggest that you consult with your client and urge them to withdraw the claim.

Should Lowell continue to pursue the claim it will be robustly defended.

Send by 1st class signed for post.

nem

They have replied to this letter, by sending me again what they sent last week, the statements and copy of the signed agreement, looks exactly the same and they have ignored the issues raised in the letter.

[nemesis45]

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

Sorry thought you meant I needed to submit another one.

No need:tinysmile_twink_t2:

[aaroncaz]

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

Sorry thought you meant I needed to submit another one.

[nemesis45]

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

I though I had already submitted a defense? I don't have a clue...

OK I have not had time to read all 195 posts having come on to your thread quite late.

nem

[aaroncaz]

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

I though I had already submitted a defense? I don't have a clue...

[nemesis45]

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

Will do many thanks.

OK you still need to work on a defence, take look at some threads and
get an idea of wording and format.

nem

[aaroncaz]

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

Will do many thanks.

[nemesis45]

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

No it was Bryan Carter who sent it.

Ok,

What you tell Carter,

Dear Mr Carter,

Re: Claim No.................................:

I am in receipt of a number of pages of " Terms and Conditions" which you claim is the agreement relevant to the alleged debt which is the subject of this claim, however I am sure you are fully aware that the documents provided do not satisfy my CCA request or CPR31.14.

I suggest that if this is the document your client intends to rely upon in court I suggest that you consult with your client and urge them to withdraw the claim.

Should Lowell continue to pursue the claim it will be robustly defended.

Send by 1st class signed for post.

nem

[aaroncaz]

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

No it was Bryan Carter who sent it.