*WON* Received court claim from Bryan Carter

[nemesis45]

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.......

You can write again regarding the CPR31.14 and the undoubted reply will along the lines of if you attempt to enforce the CPR it will be robustly opposed.

Lowell if they have obtained an agreement will leave it to the last minute to supply it.

So time to start, (if you haven't already) drafting a defence, take a look at some other Lowell/Carter threads to give you an idea of content/format/wording.

nem

[aaroncaz]

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

Thank you but I have absolutely no idea on how to draft a defense, I don't really understand it....... I need help please in drafting one.

[aaroncaz]

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

I presume I cant submit a defense until after the date Lowell should provide the agreement?

[nemesis45]

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

I presume I cant submit a defense until after the date Lowell should provide the agreement?

You can prepare yourself for writing a defence by looking at other threads with similar situations if it will give you a far better idea of format/wording than starting with a blank template, it will also help you to understand what you are saying in defence.

nem

[Berniethebolt]

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

I presume I cant submit a defense until after the date Lowell should provide the agreement?

You an submit a defence at anytime HOWEVER I would leave it until a day or two before the deadline because it is quite possible that Lowells will produce at the last minute. Remember ever defence is individual but the templates are a good starting point. I am sure [MENTION=37786]FlamingParrot[/MENTION] will be happy to give an opinion on the wording if you want to post up a draft defence .

[aaroncaz]

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

You can prepare yourself for writing a defence by looking at other threads with similar situations if it will give you a far better idea of format/wording than starting with a blank template, it will also help you to understand what you are saying in defence.

nem

This it, I'm not even sure what my defense is let alone draft one!

That Carter and Lowell have not provided the documents needed, then surely I would need a template? I did read one case earlier but not even sure if it relates to mine, any further help would be much appreiciated.

[FlamingParrot]

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.......

Yes, that's all he does, repeat the same thing and re-use the same template. :blah: :blah: :blah:

His refusal to comply with your lawful request and to agree to an extension so he can get his clients to provide the documents will go in your defence.

Thank you but I have absolutely no idea on how to draft a defense, I don't really understand it....... I need help please in drafting one.

This it, I'm not even sure what my defense is let alone draft one!

That Carter and Lowell have not provided the documents needed, then surely I would need a template? I did read one case earlier but not even sure if it relates to mine, any further help would be much appreiciated.

This is an example generic defence used when no documents are supplied: http://www.legalbeagles.info/forums/...t-Court-Claims It needs to be adapted but should give you a start. :thumb:

[FlamingParrot]

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

You an submit a defence at anytime HOWEVER I would leave it until a day or two before the deadline because it is quite possible that Lowells will produce at the last minute. Remember ever defence is individual but the templates are a good starting point. I am sure @FlamingParrot will be happy to give an opinion on the wording if you want to post up a draft defence .

I would like to add at any time UNTIL YOUR DEADLINE which is 33 days from date printed on claim, no later than that as they can request default judgment after that. :scared:

I presume I cant submit a defense until after the date Lowell should provide the agreement?

No, that's not correct. The fact they've not complied with your CCA request will be used in your defence and it's in fact, a bar to enforcement for as long as they fail to comply, :grin: however, you still need to submit a defence within 33 days of the date on claim or else they can obtain judgment. Default judgment is a purely administrative procedure that does not require them to supply any documentation or proof of the debt.

[aaroncaz]

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

Thanks so much will make a start on the defense next week, then post it up.

[philvasili]

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

Hello. Don't panic! Bryan Carter Solicitors are renowned for using bullying tactics in chasing 'debts' that aren't real. I've just defeated them in claim they brought against me from a non-existent debt I was supposed to owe O2. Even before we went into court they asked if we could call it off - I had counterclaimed - and both agree to walk away. I refused so we went into court. As soon as we sat down the judge told the legal agent BCS had sent along - they didn't have the balls to turn up themselves - that he effectively had no case because not one original document in support of their claim that I owed O2 around 400 was supplied to the court. She eventually threw out their case. I would suggest that anyone in similar circumstances who has BCS chasing them for money fight it and ask them to prove their claim with original documents. In most cases I've heard about - and including my own - they have nothing to back their bullying other than a knowledge of how to manipulate the law to scare people. I am deliberating as to whether to take out a private case against them because they supplied a doctored exhibit to their witness statement i.e. they lied to the court about the veracity of a document with the intention and objective of getting money from me. Fight them and don't be scared! If it does go to court ask them to prove their case with original documents and witnesses from the original creditors. Do not admit the debt.

[aaroncaz]

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

Thanks for that.

Am going to make a start on the defense tomorrow afternoon, no word from lowell or carter.

[FlamingParrot]

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

Thanks for that.

Am going to make a start on the defense tomorrow afternoon, no word from lowell or carter.

Highly unlikely you'll hear from them before your defence is due so it'll have to be the generic defence, unless they somehow manage to obtain all the paperwork. :flypig: :flypig: :flypig:

[aaroncaz]

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

Sorry what do you mean the generic defense?

[aaroncaz]

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

1: I received the claim [Claim Number] from the Northhampton County Court on 15^th August 2015

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for/ appears to be for a Credit Cardagreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

[5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Aqua to Lowell Portfolio I Ltd on 24/08/2012. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Aqua served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 17/08/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Bryan Carter Solicitors LLP has not sent any of these documents to me.

10. On the17/08/2015I sent a formal request for a copy of the original agreement to [Claimant Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with section 78 (1)] Consumer Credit Act 1974 and by virtue of section 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Is this ok?

[aaroncaz]

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

I received the claim on the 15th but its dated the 14th should I put the 14th?