JD Williams lowell finance and bryan carter court summons

[FlamingParrot]

Re: JD Williams lowell finance and bryan carter court summons

should i send them a revised letter cpr31 request and could you point me in the right direction on the site to find a template thank you maria :der:derrr !!!!!!!

You've already sent one and they've received it.

Hi There unfortunately i didnt put in the paragraph below as i couldnt find a template letter so did one i found that i had sent before a few years ago!!!??

I'm sorry I was away when you got your claim so couldn't point you in the direction of an updated CPR 31.14 letter.

Was this okay if not what should i do now sorry i am confused i have so much going on in my head with other problems that my brain wont work sorry. i do appreciate your help thank you. please advise what to do next thank you.

You could write back to the solicitors saying the following:

As i am a litigant in person and am not a legal professional i will need additional time to prepare my defence. I note that CPR rule 15.5 allows the parties to agree to extend the deadlines for filing the Defence upto an additional 28 days. Accordingly i respectfully request that your client allows me an agreed extension for filing my defence until [INSERT DATE AND TIME UP TO 28 DAYS AFTER YOUR CURRENT DEADLINE]. If you refuse my request then i shall have no choice but to apply to the Court for an extension and shall see to recover the costs of doing so from your client

[FlamingParrot]

Re: JD Williams lowell finance and bryan carter court summons

I am full of flu at the minute so please excuse my ramblings and apparant stupidity for asking questions that to some the answers would seem obvious. It just i have so much going on at the moment and i also have an ongoing complaint about my lender who has a suspended repo on my home and the fos want a decision from me by the 6th of november this is a battle that has been going on since 2007. and i feel like i am banging my head against a brick wall. the fos just dont care i am so tired of it all and with feeling ill on top of having a mental illness which gives me pain every day all over my body its hard to concentrate and even lift a finger to type. but i am a fighter even though it kills me at times i refuse to give in to these vultures, so please bear with me. i get confused and can be hard work, but when my brain works, and i am not feeling like cak i can just about muddle through, that is why i appreciate your help so much so thank you again. all of you. its people like you that help me sift through the muddle in my head. sometimes i cant even string a sentance together and other days you would think how articulate i am it is a cruel illness and a frustrating one so i am trying to explain to you all what it is like and how much i appreciate you all helping me thankyou again.:_tighthug__by_darkm

Sorry to hear all that's going on, you are indeed a fighter and that's what counts! :clap2:

Have you got another thread with the issues above, regarding the suspended possession order on your home? :noidea:

If not, you may want to start one here: http://www.legalbeagles.info/forums/...surance-Issues

There's a lovely lady on board who is an expert on housing issues. :yo:

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

hi everyone Calamity jane and mad parrott
Thank you to who ever edited my name out of post 12 i am so dippy!
I have now done a letter which i have copied and pasted below with the contents included from the above paragraph and i am sending it to bryan carter tomorow. just a question what happens if they dont reply should i be sending a copy of this to court or somtheing so they dont enter a default judgement against m?? please advise thank you
this is what i sentFollowing my recent letter to you dated the 16^th of October 2013, and your response dated the 22^nd of October 2013. I am now writing to request that as I am a litigant in person and am not a legal professional I will need additional time to prepare my defence.

I note that CPR rule 15.5 allows the parties to agree to extend the deadlines for filing the Defence up to an additional 28 days. The court claim was dated the 10^th of October 2013.

Accordingly I respectfully request that your client allows me an agreed extension for filing my defence until [THE 4^TH OF DECEMBER 2013 WHICH IS 28 DAYS AFTER THE CURRENT DEADLINE WHICH IS THE 6^TH OF NOVEMBER].

If you refuse my request then I shall have no choice but to apply to the Court for an extension and shall see to recover the costs of doing so from your client. I hope this will not be necessary, and await your response at your earliest convenience.

Yours faithfully

is that okay kind regards maria and ps i will start a thread on the repo thing because i could do with some moral suppport on that one and the fact that the fos are a nightmare. thankyou again for your encouragement and support kind regards maria
halocat2

[FlamingParrot]

Re: JD Williams lowell finance and bryan carter court summons

hi everyone Calamity jane and mad parrott
Thank you to who ever edited my name out of post 12 i am so dippy!

That would be Amethyst. :yo:

I have now done a letter which i have copied and pasted below with the contents included from the above paragraph and i am sending it to bryan carter tomorow. just a question what happens if they dont reply should i be sending a copy of this to court or somtheing so they dont enter a default judgement against m??

Once you get their agreement to an extension, you'll have to notify the court, but you'll have to get them to agree. Check the Royal Mail site on Friday or Saturday to see if the letter has been signed for. If you don't get a reply early next week, I'd be inclined to ring them.

is that okay kind regards maria and ps i will start a thread on the repo thing because i could do with some moral suppport on that one and the fact that the fos are a nightmare. thankyou again for your encouragement and support kind regards maria
halocat2

Yes, please do! :typing: There's a brand new section dedicated to the subject here: http://www.legalbeagles.info/forums/...sion-(Housing)

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Thats brilliant thank you all will keep you posted on what happens kind regards maria

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Just a quick question what happens if they dont agree?? and i still dont know what to put in my defence, should i not be preparing that now just in case i need to get it in quickly?? please advise thankyou maria

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

:happyhalloween:

[FlamingParrot]

Re: JD Williams lowell finance and bryan carter court summons

Just a quick question what happens if they dont agree?? and i still dont know what to put in my defence, should i not be preparing that now just in case i need to get it in quickly?? please advise thankyou maria

The whole point of sending the CPR request for documents is so you can see what documents they hold to use in your defence. Of course you could start *thinking* about what you could use in your defence. The first question you have to ask yourself is whether you EVER signed an agreement in the first place. :confused2: Most of these catalog companies didn't get people to sign one, that being the case, you could simply make a positive assertion that you never signed a credit agreement. If you make that assertion, you need to be sure about it, you wouldn't want to risk being suspected of lying or being proved wrong, because that would constitute contempt of court. :incourt:

I realise it's been a long time and there's been a lot going on in your life, but anything you can find out with regards to the time you set up this catalog account will be very useful. :thumb:

[ODC]

Re: JD Williams lowell finance and bryan carter court summons

I will bet money now that when Bryan sees that the alleged debt is being contested he will withdraw gracefully. He doesn't appear to do contests only goes for non contested defaults

[FlamingParrot]

Re: JD Williams lowell finance and bryan carter court summons

I will bet money now that when Bryan sees that the alleged debt is being contested he will withdraw gracefully. He doesn't appear to do contests only goes for non contested defaults

Let's hope you're right! ray:

There's a similar case here: http://www.legalbeagles.info/forums/...ty-Court/page2

[FlamingParrot]

Re: JD Williams lowell finance and bryan carter court summons

Just a quick question what happens if they dont agree?? and i still dont know what to put in my defence, should i not be preparing that now just in case i need to get it in quickly?? please advise thankyou maria

I'm going to re-quote my post on a similar thread for reference:

Not quite! You have to think about your defence. Of course BC may well decide to drop it now you've stated your intention to defend, but you can't bank on it. With regards to defences, I'm going to quote something that PT2537 :yo: has written elsewhere:

The best advice i can offer on that is to sit down and think careful about the limbs of your case, maybe even identify the issues in bullet point form.

1) Assignment- Has valid notice been given, is there an assignment
2) has the s78 request been complied with
3) was there ever a signed agreement, if not then how did the account open, what happened, where did the agreement come into your possession from? was it a magazine? newspaper etc
4) was there a notice of sums in arrears
5) was there a default notice?
6) is there any telephone harassment

etc.

And most importantly, you need to consider key points like did you actually have the loan or credit card which the creditor has sued you for. As remarkable as it may seem, some times creditors do make errors and sue the wrong person.

that would at least give you structure to the issues, and you can then expand on the facts. The important thing however, is not to start waffling about things that don't apply, say the claim does comply with rule 16 then don't say it doesn't in your defence as it will make you look stupid, if you never signed an agreement then don't cry because the creditor hasn't given you a copy but stop and think about it, if you never signed it then he never had it so can never give it!!!!!!

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Hi everyone thanku for all your replies to my question. I found this letter in a pile of papers i hve to do with cap one years ago which i forgot about and wondered if i should send a copy of this to BC and Lowell today also recorded delivery.The answer the question did i sign an agreement is definately not i never sign anything unless i am in a solicitors office lol! with one exception when i learnt my lesson but this isnt it !
Because Bryan Carter said in their last letter that because it will be allocated the small claims track therefore the cpr 31.14 does not apply as it is a simple contractual matter. If i sent the following do u think it would help and make it look like i know what i am talking about ?? my brain appears to be half working today lol! (really having a joke about my illness and all this stuff is the only thing that keeps me going so plesse dont think i dont take things seriously its just my way of coping with all the mess going on in my life right now. i just keep thinking keep laffin n jokin maria and one day u mite just beat the big fish and it may all be over and a doctor will listen to u and will give you the meds u need for your illness and when that day comes you will have a true reason to smile and laugh for real!
anyway enough rambling!

Dear Sirs
Following my letter which was sent by recorded delivery yesterday the 29th of October 2013, please find important additional information set out below which unfortunately had been ommitted in error. Therefore please treat this letter as a continuation of my original CPR 31.14 request for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in the particulars of claim
1. THE AGREEMENT
You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
However you previously stated in your letter dated the 16 th of October 2013 that the claim will in all probability be allocated to to the small claims track as it is a simple contractual matter. Therefore in your opinion cpr 31 does not apply as section 7c point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim .
2. THE ASSIGNMENT
However although your claim is for less than £5,000 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time i have not delivered my defence and the case has not been allocated a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.
Therefore you should ensure your compliance with your CPR31 duties and ensure all the documents previously requested are received by me no later than Monday the 4th November 2013. Alternatively a letter from you confirming that you have requested to the court an extention of time for me to file my defence which has been agreed by the court. With a new deadline date contained within the said letter.
Please note that if you fail to comply with my previous requests for production and the disclosure of all relevant documentation, fail to request more time , or fail to agree an extention of time for me to file my defence, I will make an application to court for an order that the proceedings be struck out or stayed for non- compliance and a summary costs order.
I do hope this will not be necessary and look forward to hearing from you.

Would that be ok to send ???
Thankyou Maria

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

If anyone is on site now who can let me know if its ok before half four this afternoon it qud be most appreciated because i am going to post it so they get it tomorrow. thankyou all so much maria i didnt post it jusyt incase its wrong ok kind regards maria

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Hi Everyone
just an update i received a letter this morning from Bryan carter informing me that they agreed to and extra 28 days to allow me to compile my defence they have also advised me to seek leagal advice. please advise as to how to proceed from here and how should i word my defence thankyou all once again for helping me Maria

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Hi Everyone once again another update i telephoned northampton today to inform them of the letter i recieved from bryan carter agreeing to another 28days on top of the original 28 days the guy on the phone told me that the court had not agreed this extention and bryan carter had not contacted them to agree it either. (so on the ball bryan carter lot arent they??? NOT!! i WONDER IF THEY ARE DOING THAT ON PURPOSE SO I THINK I HAVE MORE TIME TO SUBMITT MY DEFENCE WHEN IN FACT THE COURT KNOWS NOTHING ABOUT IT THEREFORE I GET A JUDGEMENT BY DEFAULT ENTERED AGAINST ME?? JUST A THOUGHT MAYBE THIS IS A DEVIOUS WAY OF OBTAINING A JUDGEMENT)??
ANY WAY THE GUY SAID THAT THE FINAL DAY IS THE 12TH OF NOVEMBER FOR THE FIRST EXTENTION OF TIME. SO I GOT PLENTY OF TIME TO FILE MY DEFENCE ANYWAY. THANK YOU AGAIN ANY ADVICE ON WHAT I SHOULD PUT ON MY DEFENCE WOULD BE GREAT THANK YOU MARIA:tinysmile_twink_t2: