*WON* Received court claim from Bryan Carter

[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

Ok thanks.

[aaroncaz]

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

Letters sent today.

[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"

[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

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

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

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

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

[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

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

[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?

[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.

[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:

[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