Lilly the Flower v Bryan Carter

[Lilly the flower]

Hi I have had Bryan Carter chasing me....I now have a letter saying.:

'In an Attempt to settle this matter we confirm that providing you agree to withdraw your counterclaim we confirm that we will not purse this matter further. if you agree to withdraw your Counterclaim please sign the bottom of this letter and return it to us as soon as possible.
However should you choose to proceed with your counterclaim(which we will defend if necessary) we reserve the right to the court in relation to the issues of costs..if you intent to proceed with your counterclaim please notify us within the next 7 days..In the circumstances we trust that this matter can be settled without further recourse to the court and await hearing from you..

now I am quite happy to drop the matter.... but how do I cancel my Counterclaim against the bloke....do I just tell the Court when I take my A.Q down to them on Monday, that is the day it has to been in by......I will leave signing the letter to Mr Carter until I have done that....maybe tuesday, (let he sweat after the way he has behaved) I will then send it back to him....any advise please about cancelling this Counterclaim..........many thanks...Lilly

[Amethyst]

Re: Lilly the Flower v Bryan Carter

Have been talking with Lilly by email and over on MSE - this was originally a Littlewoods debt and usual bryan carter non pre action protocol malarky.

Last reply to this

Yes do that. Good that it isnt marked without Pred, if he plays silly burgers you can then use it in court if he trys anything else on. Don't take anything he says at his word so always make sure you keep documents and letters.

Yes when you take in the AQ tell the court you wish to withdraw your counterclaim, I think it will be the same as withdrawing a standard claim, they may need something in writing. Leave your defence in place though.

DO you want to post up what you have put on the AQ ? Did the link to Wendys bryan carter thread help at all ? Lots of info there inc the AQ parts, but also shows how Mr Carter runs away quite easily when challenged.

xx

[Lilly the flower]

Re: Lilly the Flower v Bryan Carter

Hi Lilly here, I am going to fill in my AQ to day, can't really see any need to fill in the 'other information part'.....I think I will enclose a letter saying I am requesting that this Counterclaim be withdrawn, as Bryan Carter and I have come to an agreement.
Bryan Carter, has as ask me to withdrawn the counterclaim, and if I do, he will will not pursue the matter....I am willing to do that, but will leave the defence in place (think that right?)
I am prepared to drop the matter as it was only for late payments, so I haven't lost any money, just want this wrapped up....it has to be in by Monday (5th) it took over 9 days to get to me, so not being lazy in filling it in, I will take it down in person, to the Court, shall I enclosed a photocopy of Bryan Carters letter do you think.....just to be 'funny' lol....phew will be glad when this is over......Lilly...:tinysmile_hmm_t2: ps Bryan send me a very nice envelope to return my signed letter in saying I would drop the counterclaim, also put a 1st class stamp on it..ooooo....lol...

[Lilly the flower]

Re: Lilly the Flower v Bryan Carter

Hi Lilly here, I am going to fill in my AQ to day, can't really see any need to fill in the 'other information part'.....I think I will enclose a letter saying I am requesting that this Counterclaim be withdrawn, as Bryan Carter have come to an agreement.
Bryan Carter, has as ask me to withdrawn the counterclaim, and if I do, he will will not pursue the matter....I am willing to do that, sobut to leave the defence in place (think that right?)
I am prepared to drop the matter as it was only for late payments, so I haven't lost any money, just want this wrapped up....it has to be in by Monday (5th) it took over 9 days to get to me, so not be lazy in filling it in, I will take it down in person, shall I emclosed a photocopy of Bryan Carters letter do you think.....just to be 'funny' lol....


Copy of letter cancelling counterclaim, short and sweet. will hand it in with my AQ on Monday......

Phoenix Recoveries(UK) my address
Ltd A.R.I
C/0 London
Bryan Carter@Co
De Havilland Drive
Weybridge
Surrey
KT13 0NT
5th October 2009
Case Number
XXXXXXXX
Dear Sir/Madam
I wish to put in a request to have the Counterclaim against case number XXXXXXXX, withdrawn…it seems that the Claimant a Bryan Carter @Co and I have come to a agreement….letter enclosed. As I am happy with this agreement. I will withdrawn my Counterclaim against Bryan Carter. I still wish my defence to stay in place….in case it will be required in the future, which I trust it will not be……
Thank you

[WendyB]

Re: Lilly the Flower v Bryan Carter

Well, if the lovely Bryan is not going to persue his claim, shouldn't he be discontinuing it? Cos I don't see any point in you withdrawing your counterclaim if he doesn't, if you see what I mean. And we all know that Bryan is a slippery little toad. I think I'd want something a bit more concrete than "I will if you will" from him, tbh.

[Lilly the flower]

Re: Lilly the Flower v Bryan Carter

Hi Lilly here, I am going to fill in my AQ to day, can't really see any need to fill in the 'other information part'.....I think I will enclose a letter saying I am requesting that this Counterclaim be withdrawn, as Bryan Carter have come to an agreement.
Bryan Carter, has as ask me to withdrawn the counterclaim, and if I do, he will will not pursue the matter....I am willing to do that, sobut to leave the defence in place (think that right?)
I am prepared to drop the matter as it was only for late payments, so I haven't lost any money, just want this wrapped up....it has to be in by Monday (5th) it took over 9 days to get to me, so not be lazy in filling it in, I will take it down in person, shall I emclosed a photocopy of Bryan Carters letter do you think.....just to be 'funny' lol....
------------------------------- merged -------------------------------
Well Wendy, I have been to the court and gave my short but sweet letter in, which the Clerk accepted, and seem quite happy with, (he read B.C letter and also kept a copy, so that is on file now, which is good) the Clerk kept saying you have got copies haven't you?...so I am hopeing that that will be the end of it, I must admit this has been a total nightmare, and without Amethyst help, I don't know what I would have done, it has left me feeling totally sick this afternoon, even though I have saved near £500 quid....what a nasty piece of work this Bryan Carter is.....but hey...I have you guys if B.C ever gets in touch again.....this time I will be ready....as Amethyst said...If he ever does we would love to show the letter that B.C wrote to me, saying he was backing down, I don't think it would go down very well with the Court......do you?.....lol

And a big Thank you to Amethyst for all your help and support.....and time that she has given to me......

[andylaw]

Re: Lilly the Flower v Bryan Carter

I too am embroilled with a dispute with Bryan Carter, on behalf of my partner. He is acting on behalf of Kays Catalogue.
He issued court proceedings, I made a request for documents through the CP Rules, he ignored this request, sending a letter saying 'this is a serious matter....blah blah....I filed a defence saying no CCA no compliance with CPR request, but I didnt counter-claim.
I am now waiting to hear what his next move is.

This is fun

[Curlyben]

Re: Lilly the Flower v Bryan Carter

Andy, his next move will likely be running a mile, especially as he is unlikely to actually have a compliant agreement, hence NO cause of action at all.

[andylaw]

Re: Lilly the Flower v Bryan Carter

yeah i figured he'd do one of two things........1. have no agreement, so, do nothing. then the court will stay proceedings, and he'll have to apply for a judge to lift the stay, should they actually find a compliant CCA; or 2. produce the CCA and I (my partner) lose, if it is indeed a compliant CCA.

[Lilly the flower]

Re: Lilly the Flower v Bryan Carter

Hi everyone, back after a short period of three months, I thought I had Bryan Carter sorted, but it seems that he has passed/sold my debt to a Company called Red Castle Recoveries in Worthing, I received a letter from them today, giving me 7 day to repay (these were all late charges) 358.74 pounds or they would be taking me to court......
I have left a few quotes below to give you an idea of what happened before.....I cancelled my counterclaim, as did Bryan Carter as he said he would not pursue the matter if I dropped the matter, the judge threw it out at the end of December 2009 ( Court has a copy of the letter from Bryan Carter saying he would drop the claim and not pursue it any more)...I thought that would be the end of it, but oh no.....so guys I think what I need is a really snotty letter with the help of your guys (as I know you are so good at them) telling this Red Castle where to go.....

Can they really do this after taking it to court and withdrawing/backing down...just sell the debt on, is it lawfull, to do that???......:tinysmile_grin_t:...Lilly








uote=Lilly the flower;130776]Hi Lilly here, I am going to fill in my AQ to day, can't really see any need to fill in the 'other information part'.....I think I will enclose a letter saying I am requesting that this Counterclaim be withdrawn, as Bryan Carter have come to an agreement.
Bryan Carter, has as ask me to withdrawn the counterclaim, and if I do, he will will not pursue the matter....I am willing to do that, sobut to leave the defence in place (think that right?)
I am prepared to drop the matter as it was only for late payments, so I haven't lost any money, just want this wrapped up....it has to be in by Monday (5th) it took over 9 days to get to me, so not be lazy in filling it in, I will take it down in person, shall I emclosed a photocopy of Bryan Carters letter do you think.....just to be 'funny' lol....


Copy of letter cancelling counterclaim, short and sweet. will hand it in with my AQ on Monday......

Phoenix Recoveries(UK) my address
Ltd A.R.I
C/0 London
Bryan Carter@Co
De Havilland Drive
Weybridge
Surrey
KT13 0NT
5th October 2009
Case Number
XXXXXXXX
Dear Sir/Madam
I wish to put in a request to have the Counterclaim against case number XXXXXXXX, withdrawn…it seems that the Claimant a Bryan Carter @Co and I have come to a agreement….letter enclosed. As I am happy with this agreement. I will withdrawn my Counterclaim against Bryan Carter. I still wish my defence to stay in place….in case it will be required in the future, which I trust it will not be……
Thank you[/quote]

[Lilly the flower]

Re: Lilly the Flower v Bryan Carter

Any ideas, any one...........)...Lilly

[Amy]

Re: Lilly the Flower v Bryan Carter

To be perfectly honest with you, I would not write to them at all, I would ignore them.

Once you start corresponding with these people, it gives them the idea that they are in with a chance of some money.

[Lilly the flower]

Re: Lilly the Flower v Bryan Carter

Hi Amy, if only life was that easy...we both know that I am going to be on a roundabout, with phone calls, letters and more letters and phone calls, they won't leave it,
I will have to deal with it in the end, so I just wanted to deal with it now, to save all the hassle......:tinysmile_twink_t2:...Lilly

[Lilly the flower]

Re: Lilly the Flower v Bryan Carter

***Amethyst*** Hello again,,, I am afraid I need your help, I have tried posting on the other site, and one of the guys said he would pass it over to you, but he hasn't...anyway.....after dealing with Bryan Carter as above, I am now getting letter asking for the money from a Company called Resolution Legal Services asking for 358. 74 pounds, also 50 for court fees 50 solicitors costs for issue of claim and 22 for solicitors cost for default judgement entry (sorry laptop is American, so no pound sign only dollar $ haha)...making a total of 572.00...so what on earth is going on, I thought this was sorted.....any ideas what to do next, its no good ignoring them, as they will just keep writing, this is the second letter I have received....many thanks for any ideas you might have........Lilly... oh it just the usual letter saying to stop further action contact this number, before 3/3/10. if you don't we will assume you are deliberately avoding you obligation and will take steps accordingly which may incluide issing proceedings against you the sum owned by you will increase if legal action is taken below is an example, (these are the figures quoted above)

[Amethyst]

Re: Lilly the Flower v Bryan Carter

Did you have Redcastle chasing you in between bryan giving up and Resolution Debt peeps ?

I think I would be inclined to ignore them, theres nothing they can do and if they try court action it will just end up the same way as Bryan, but I doubt they will.

'''''Resolution Legal Services asking for 358. 74 pounds, also 50 for court fees 50 solicitors costs for issue of claim and 22 for solicitors cost for default judgement entry ...making a total of 572.00...''''

''22 for solicitors cost for default judgement entry''' lol bit confident you wont defend arent they !

If you are worried or they are harrassing you tho post up what the letters say and we'll have a ponder how to see them off, send a CCA or something.

Look @ this lol - Resolution legal services image by alfwithhair on Photobucket