Help with a N1claim form from Bryan Carter & Co

[WendyB]

Re: Help with a N1 from Bryan Carter & Co

But this probably won't get as far as court, hopefully, cos Bryan will bottle it. We hope.

[Glenn UK2]

Re: Help with a N1 from Bryan Carter & Co

But this probably won't get as far as court, hopefully, cos Bryan will bottle it. We hope.

You should never presume it wont go to court if you do then you may well end up losing.

i have not been to a full hearing only allocation hearings/case management conferences etc.

But i have had to present information and argue my corner with vigour to make sure i got what i thought i should have.

So arguably they never got to court either.

prepare for the worst and hope for the best. So far i have recovered c£10K ,from Abbey, Barclaycard, MBNA, Co-op, GE Money and had adverse entries on my credit file removed.

i have always prepared as if i am going to court at a full hearing and have always won, with the exception that i did not get my stay lifted, but then again it was always along shot.

JMHO

Glenn

[WendyB]

Re: Help with a N1 from Bryan Carter & Co

Yes, prepare for court, but hope (not presume) that it won't get there is what I meant.

[Glenn UK2]

Re: Help with a N1 from Bryan Carter & Co

LOL Wendy thats ok then ROFL

[WendyB]

Re: Help with a N1 from Bryan Carter & Co

Got there in the end then

Why are you Glenn UK2 not just Glenn UK-are you in disguise lol

[Glenn UK]

Re: Help with a N1 from Bryan Carter & Co

Nop, not in disguise, I was lost but now i am found...............reminds me of a song.........ROFL

[WendyB]

Re: Help with a N1 from Bryan Carter & Co

You know, I never realised you had a such a sense of humour before. Must be the change of scenery.........

[Glenn UK]

Re: Help with a N1 from Bryan Carter & Co

With a willy the size of mine one has to have a sense of humour!!!!

[Novacain]

Re: Help with a N1 from Bryan Carter & Co

Hi guys, thought I should post an update.
Well, I have to admit nothing has really happened since my last update, what I mean is I have not received any correspondence from BC concerning the CPR I sent via special delivery.
Now I know he received because of the tracking information, on a lighter note when I checked the POD I noticed he printed his name as D Carter :tinysmile_grin_t:, maybe BC is having an identity crisis.
Anyway, as the issue date for the N1 was 06/07/08 I think its time to ready my defence for submission by this Friday. So I'll go and slightly edit the one you guys did for WendyB and ready it for posting by Thursday (special delivery).
As always any further comments would be welcomed.

[Novacain]

Re: Help with a N1 from Bryan Carter & Co

As previously posted I have taken the defence you guys did for WendyB (heavily borrowed from it ) and slightly modified it to fit my case. Anyway, this is what I have drafted for posting by special delivery tomorrow;

In the Northampton County Court
Claim number: xxxxxxxxx

Between
XXXXXX- Claimant

and

xxxxxxxxxxx – Defendant

Defence

1) Except where otherwise mentioned in this defence the Defendant neither admits nor denies any allegation made in the Claimants Particulars of Claim.

2) The claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the accounts referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form as laid out in Practice Direction 16. Paragraph 7.3.

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

Abuse of Process

3) It is also noted that the Claimant is trying to conduct this claim contrary to s35 County Courts Act 1984 as the Defendant notes the Claimant has split one cause of action into two or more separate claims. This is unlawful as laid out in section 35 of the Act and with respect the Defendant requests the court strike out this case as a clear abuse of process.

4) Further to the case, on 23/07/2008 the Defendant requested disclosure of information from the Claimant, pursuant to CPR Part 18. A copy of this request is attached with this defence (appendix A)

5) The Claimant has not responded to this letter, and has thus ignored the request made for disclosure of information, pursuant to CPR Part 18.

6) This request was sent by royal mail special delivery document number xxxxxxxxxxxxxx and was received by the claimant on 24/07/2008. Proof of posting is held for this letter, including tracking information (Appendix B)

7) To date the Claimant has ignored the request under to CPR Part 18 and no such documentation has been received. As a result it has proven difficult to compose this defence, especially given that the Defendant is Litigant in Person.



Conclusion

8) In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as an abuse of process and/or disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

9) In the alternative, the Defendant respectfully requests a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraph 4 of this defence, or until the court orders the Claimants compliance with the same.The Defendant respectfully includes draft directions for consideration by the court (Appendix C). The Defendant will then be in a position to file a fully particularised defence and possible counterclaim and will seek the court’s permission to amend his statement of case accordingly.

Statement of Truth

I, xxxxxxxxxxxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge



Signed.....................

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Fully particularised statement of case
• Referenced agreement
• Document, contract or deed of assignment
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
• Copies of any statement or other document relied upon pursuant with CPR Part 18

If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.


Like I said, I will be posting this tomorrow, so let me know if you think it needs any additional revisions. Any further advice would be very much appreciated, thanks.

[Curlyben]

Re: Help with a N1 from Bryan Carter & Co

Looks good.