*WON* Received court claim from Bryan Carter

[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

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

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

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

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

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

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

[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,"

[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:

[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

[aaroncaz]

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

No reply as yet from Mr Carter or Lowell.

[nemesis45]

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

No reply as yet from Mr Carter or Lowell.

Has the 12 + 2 working days time scale elapsed for the CCA request? No need to chase that!

nem

[aaroncaz]

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

Sent recorded the cca request to Lowell on the 17th, which takes us to abt the 3rd sept? And the follow up letter to Carter for the cpr request last Thursday, the 20th.

[nemesis45]

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

Sent recorded the cca request to Lowell on the 17th, which takes us to abt the 3rd sept? And the follow up letter to Carter for the cpr request last Thursday, the 20th.

Ok please let us know if anything turns up.

nem

[aaroncaz]

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

Received another letter from Carter today, it's more or less the same as the last letter, stating as "this matter will most properly be allocated to the Small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. I n any event the notices of default and assignment left the control of the claimant when they were dispatched to you"

its asking me to refer to my own records for agreements and statements and confirms their client is not agreeable to an extension for filing the defense.

its telling me to respond to the court using the response pack provided.......