*WON* Received court claim from Bryan Carter

[Berniethebolt]

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

I am afraid that the odds are stacked in the creditors favour even though there is legislation in place that is supposed to protect the individual .
Most cases go undefended so they can bring claims against people in the knowledge that in the majority of cases they will not even need to prove their rights to do it.

When someone is prepared to fight they can string it out for months in the hope that the paperwork will turn up (i.e the OC will find it) or that the alleged debtor will cock up somewhere and allow them to go for a default judgement.

You need to continue to believe that right is on your side. The CCA request is powerful and they have to provide what they believe to be a copy or recon of the agreement .

Sadly , in some cases they have been allowed to produce documents on the day of the hearing.

[aaroncaz]

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

I think what you were asking is , if there is no paperwork for mediation and therefore no mediation does that automatically stop the court case. The answer is NO

If no mediation takes place the court case can still go ahead but the claimant will still have to prove their case which will include the paperwork they mentioned in the POC. Also the fact you sent a CCA request, if they can not comply with that they will lose .

Yes this is what I was asking/hoping:tinysmile_grin_t:

It just seems they are given chance after chance to provide the documents, I've already asked for them back in August then I submit my defense and they had 28 days, now they have until the mediation team contact me, and then if it goes to court they have until 14 days before the hearing to provide the documents!

[Berniethebolt]

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

I think what you were asking is , if there is no paperwork for mediation and therefore no mediation does that automatically stop the court case. The answer is NO

If no mediation takes place the court case can still go ahead but the claimant will still have to prove their case which will include the paperwork they mentioned in the POC. Also the fact you sent a CCA request, if they can not comply with that they will lose .

[FlamingParrot]

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

Me again! Mediation comes before a court case? So if there is no documents for mediation, then there is no mediation so therefore no court case? Or does it have to go to court to be chucked out? Unless Lowell do it first? Sorry to be dim.

Yes, mediation is intended to resolve the situation without going to a court hearing. The mediation team will ask you whether you've got enough info and whether you are willing to compromise, that says it all. It can be useful in cases where you don't feel you have a strong defence. As we know, Lowell are reliant on the original creditors to supply them with the paperwork, in many cases this just doesn't happen, all they can do is hope for the best. If the OC does not supply anything by the time they need to send it to you prior to the court date, then they will have to discontinue. That would mean the case is never heard in court.

[nemesis45]

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

Me again! Mediation comes before a court case? So if there is no documents for mediation, then there is no mediation so therefore no court case? Or does it have to go to court to be chucked out? Unless Lowell do it first? Sorry to be dim.

The HMCTS Small Claims Mediation Service was put in place in the hope of saving costs and court time.
It is expected that parties to a small claim will at least attempt resolution without recourse to a court hearing.
The is a BIG BUT to this: If the defendants does not have All the documents relating to the claim a mediator
will decline to continue and the claim is returned to the court for allocation to the defendants local court.
Unfortunately from what I see claimants are agreeing to mediation in the hope of gaining more time to
produce documents to support their claim.
Also I see a growing number of mediation agreement ( Consent / Tomlin Orders) breaking down an CCJ's
being sought some time later thus extending the time a defendant has to live with a debt affecting their
financial status.
Many seem to breakdown due to unaffordable / unsustainable offers of payment made by defendants.
Never agree to a consent order unless you are absolute sure it is affordable /sustainable over an extended
period of time just for the sake of avoiding a court hearing /judgment in the immediate future.

nem.

[aaroncaz]

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

Me again! Mediation comes before a court case? So if there is no documents for mediation, then there is no mediation so therefore no court case? Or does it have to go to court to be chucked out? Unless Lowell do it first? Sorry to be dim.

[aaroncaz]

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

It seems like the court is giving them ample opportunity to get those documents....:tinysmile_hmm_t2:

[FlamingParrot]

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

Many thanks to all, just one more question..... when can I expect a call from the mediation team? I presume when I get it, it will take us over the 28 days lowell had to provide the documents.

I expect you will start by getting an email from the mediation team to set up a date for the telephone call, which may not happen if you haven't got the paperwork when you reply to their email. :typing:

Lowell had 28 days to respond to your defence and tell the court whether they wished to proceed, they have already done so which is why you got the N180 small claims questionnaire. Once a hearing date is set, they will be told to provide you with the documents at least 14 days prior to the hearing. They are relying on the original creditor to supply them with the documents, if they can't get anything they may well have to discontinue. ray: ray: ray:

[aaroncaz]

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

Just to add my thanks to Amethyst and FP for coming to the rescue.

How the hell is anyone supposed to know what to do when the instructions aren't clear

Many thanks to all, just one more question..... when can I expect a call from the mediation team? I presume when I get it, it will take us over the 28 days lowell had to provide the documents.

[Berniethebolt]

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

Just to add my thanks to Amethyst and FP for coming to the rescue.

How the hell is anyone supposed to know what to do when the instructions aren't clear

[FlamingParrot]

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

Thank you so much for your help, could you just tell me what I should say if the court rings me, what info I am waiting on Lowell to provide, just so I don't sound very dumb:tinysmile_grin_t:

The court wouldn't be the one ringing you, it would be the mediation service. Basically you have requested copies of the documents they are relying on for their claim which would be your credit agreement, the notice of assignment and the default notice. :thumb:

[aaroncaz]

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

Thank you so much for your help, could you just tell me what I should say if the court rings me, what info I am waiting on Lowell to provide, just so I don't sound very dumb:tinysmile_grin_t:

[FlamingParrot]

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

Ther is a small box at top of form saying "to be completed by or on behalf of.....then a box, underneath box it has defendant, do i put my name in this box?

Yes, your name in the box and underneath you can put a line through everything else leaving just 'defendant' which is who you are.

Also lower down the form 1st pag it wants my name, address etc, email, phone number, mobile number etc, I suppose I must put my home number but email and mobile? Don't really want Carter to have these.

Carter isn't going to be ringing and/or emailing you like a DCA would.

[FlamingParrot]

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

The court will know if they have not sent me the documents? Or do I have to tell them when they call?

No, they won't have any way of knowing. The mediation service is not part of the court as such, they are not judges, just intermediaries who can go back and forth between the parties but not rule in anyone's favour, nor give legal advice. You should get an email from the mediation service where they will ask you a few questions, one of them being whether you've got enough information, before an appointment is scheduled.

Do I need to send Carter the letter I quoted above or just the filled questionnaire?

You just need to send him a copy of the questionnaire you've filed in.

Also it's asking how many witnesses including myself will give evidence? None?

The answer is ONE, meaning yourself.

And do I agree that the small claims track is the appropriate track for this case?

Yes, no reason not to agree. :thumb:

[aaroncaz]

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

Ther is a small box at top of form saying "to be completed by or on behalf of.....then a box, underneath box it has defendant, do i put my name in this box?


Also lower down the form 1st pag it wants my name, address etc, email, phone number, mobile number etc, I suppose I must put my home number but email and mobile? Don't really want Carter to have these.