Brian - Bryan Carter

[Brian]

Guys, one more for the BC fanclub

Nephew owes about 5.6k with egg (love the guineapigs, I hope theyre still looking after them )

BC issued a claim on jan 5th, and I filed an acknowlegement of service which took us up to Feb 7th approx.

Wrote to BC requesting copy of the Egg (Citi) agreement, usual thing you do, this letter was sent to Northampton court end of january and was acknowleged by the court. Cut a long story short, case transferred to Southend essex Court (our area) then document rxd from court to say its gone back to Northampton? Checked with court and as no defence had been filed they (southend) threw it back to Northampton!.

Ok on that, now BC have written (rxd today) to say they will be applying for default judgement presumably this monday. Its been 30+ days since we asked for a copy of the CCA agreement. How do we put a spanner in the works here? I want to see that CCA copy for a start. can someone give me a battle plan. Im assuming that BC (or egg?) are well late in getting the docs we asked for under civil procedure rules, but I've never been down this road before, so any advice appreciated.

many thanks

brian

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Brian, you mentioned the acknowledgement of service but NOTHING about entering a defence of any sort !!!
Was a defence entered at all ?!

If you have failed to enter a defence then Mr C WILL move for a default judgement as soon as he can. That's the way he likes to work.

[Brian]

Re: Help Needed With Bryan Carter & Co

Curly

noted. The letter from Northants stated that a defence had been filed by the letter going to them, re asking BC for copy of the CC agreement etc. I saw that at the time but thought "ok the courts seen this a million times before therefore they will assume that the plaintiff/defendanrt will produce as required before any court date is set for a hearing.

Assumption on my part that the court would not allow anything until these were produced.

Looks like a (grovelling) phone call monday then to the court to explain this one away... I can fax them a letter if speed is of the essence.

Anything else we can do on this?

rgds

Brian

[righty]

Re: Brian - Bryan Carter

For future reference in such circumstances respond to their claim "as the claimant has failed to particularize their claim I am unable to plead"

[Curlyben]

Re: Brian - Bryan Carter

IF you are lucky enough to get an extension, post back and we'll help.

[Brian]

Re: Brian - Bryan Carter

Curly
fog of war it appears has worked in our favour
phoned the court and BC hasnt (as he indicated in his letter) pur forward a default judgement.
Received (MONDAY) a lttr from Northants court asking me to fax a defence as they didnt appear to have it!, so we did just that using your textfile (with various ripped out) and checked with court later in the day, its all in the hole defence filed that we cant defend due to no docs!, ccd to BC to close that off, so lets see how the week progresses.

Im in 2 minds whether to contact BC end of this week to see whether egg have come up with the various docs.

Ill keep you guys posted.

b

[Curlyben]

Re: Brian - Bryan Carter

Could you please post the POC, mind you I'm pretty sure I know what it says anyway.

I have a good Def for Mr C, which did you send them ?

DON'T contact Mr C as this is now legal action and EVERYTHING needs to be recorded.

[Brian]

Re: Brian - Bryan Carter

Curly

noted on non-contact with them.
ill get the doc(s) uploaded asap for you.

B

[Brian]

Re: Brian - Bryan Carter

Curly

POC scan.

Let me know your thoughts..

B