*WON* Received court claim from Bryan Carter

[FlamingParrot]

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

Just an update, not received anything else from Carter or Lowell nor from the court.

I doesn't look like it's been 28 days since you filed your defence. I notice above that you received one of Carter's settlement letters saying they intended to proceed, have you not had an N180 small claims questionnaire from the court? If your defence was filed on the 11th, I'd give it another week or 10 days before contacting the court to see if the claim has been stayed. :ranger:

[aaroncaz]

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

Just an update, not received anything else from Carter or Lowell nor from the court.

[FlamingParrot]

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

Do I have to attend an hearing?

That depends on how far this progresses, with a bit of luck they'll see sense and discontinue before that. ray:

[aaroncaz]

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

Do I have to attend an hearing?

[aaroncaz]

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

Ok many thanks for your help so far.

[FlamingParrot]

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

Just ignore it then?

I would...

You'll soon get your N180 small claims directions questionnaire to fill in, where there will be an option to go through mediation. If you receive anything in the meantime that makes it look like they could have a chance, then you could settle it via mediation. If not, they'll have to supply the documents at least 14 days prior to the hearing or they'll be stuffed. :thumb:

[aaroncaz]

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

Just ignore it then?

[FlamingParrot]

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

Had a letter from Bryan Carter today, saying "we are writing to formally confirm our clients intention to proceed with this matter.
we will send notification to the court shortly but before we do our client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses and if necessary to mediate. The court encourages this type of negotiation between parties.
Please contact our helpful team.....etc to discuss how we can come to an arrangement by consent."

It's dated 22nd sept.

Standard response to everyone who files a defence these days, as I posted above a week ago! :grin:

One to be filed under "C" me thinks. :lol:

[aaroncaz]

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

Had a letter from Bryan Carter today, saying "we are writing to formally confirm our clients intention to proceed with this matter.
we will send notification to the court shortly but before we do our client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses and if necessary to mediate. The court encourages this type of negotiation between parties.
Please contact our helpful team.....etc to discuss how we can come to an arrangement by consent."

It's dated 22nd sept.

[aaroncaz]

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

Thanks very much.

[FlamingParrot]

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

Got a letter from the court today, dated the 11th sept, saying they got my defense and have sent it to them they have 28 days etc.... 28 days from the 11th? Will Lowell respond?

28 days from when they receive your defence from the court which would be a few days later. You'll probably get a letter from Carter inviting you to settle, without providing any documents, that's what he's been doing lately. :mmph:

Is that bad news for me?

It all depends on whether they can obtain a copy of the agreement, if they do it could be just a computer printout of the T&Cs on the OC's website, but let's see what Lowell can come up with (or not as the case may be). :ranger:

[aaroncaz]

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

The exact date is not important in this case, the reason for asking was that, for online applications made on or after January 2005, there was no longer a requirement for an agreement to be sent to you for signature, a tick box on the website would be as good as a wet ink signature and they can satisfy a CCA request with a computer printout of the T&Cs that applied at the time you opened the account, making it harder to dispute that those were the terms you agreed to. :mmph:

Is that bad news for me?

[aaroncaz]

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

Got a letter from the court today, dated the 11th sept, saying they got my defense and have sent it to them they have 28 days etc.... 28 days from the 11th? Will Lowell respond?

[FlamingParrot]

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

I applied online in 2006 don't know exact date.

The exact date is not important in this case, the reason for asking was that, for online applications made on or after January 2005, there was no longer a requirement for an agreement to be sent to you for signature, a tick box on the website would be as good as a wet ink signature and they can satisfy a CCA request with a computer printout of the T&Cs that applied at the time you opened the account, making it harder to dispute that those were the terms you agreed to. :mmph:

By "stayed" does mean stopped, stopped for all time?

No, that would be discontinued. ray: Stayed means dormant; while the case is stayed neither party can take any action other than applying to the court to lift the stay, however, once the stay is lifted, the case can proceed.

[aaroncaz]

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

I applied online in 2006 don't know exact date. By "stayed" does mean stopped, stopped for all time?