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Re: Bryan Carter CCJ Set Aside, Now need help with Defence
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Re: Bryan Carter CCJ Set Aside, Now need help with Defence
ok this is what the court have sent me, is this the POC as i have never seen the original court papers and my local court said they only had this copy.
how do I form a defence from this?Attached FilesLast edited by matmidgley; 22nd June 2013, 18:06:PM.Comment
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Re: Bryan Carter CCJ Set Aside, Now need help with Defence
You aren't supposed to - you are expected to lose!
That is why the infamous Bryan Carter has not deigned to provide a copy of the alleged agreement and also why they are still playing at Silly Buggers.
On the other hand, you have a letter sent by the claimant wherein they admit that the alleged debt is statute barred, which must surely make the court wonder why Bryan Carter is still pressing the claim.Comment
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Re: Bryan Carter CCJ Set Aside, Now need help with Defence
Originally posted by CleverClogs View Post
Well I'm not sure he is, he never arranged the telephone conference in 2 occasions. I can't see him continuing the claim to try reissue but I still need to send in a defence
if Lowell arnt paying him to pursue it, he isn't going to fund it himself
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Re: Bryan Carter CCJ Set Aside, Now need help with Defence
I need to send him a CPR but there isn't much in the way of documents on that form. What should I ask for?Comment
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Re: Bryan Carter CCJ Set Aside, Now need help with Defence
No, its a very sparce POC, but the critical document you can ask for is a copy of the agreement. Personally I'd also ask for the default notice even though its not specifically mentioned......
Given that the original creditor isn't identified, how did this debt end up in Lowells hands? Nothing has been mentioned on the assignment at all. All useful for defence...."Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012
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Re: Set Aside Telephone Hearing
Here is the letter from lowell, considering they say my account is closed anyway surely this should be a strong part of my defence.Attached FilesComment
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Re: Set Aside Telephone Hearing
One might perhaps seek an Order quid irrumabo :grin:Comment
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Re: Bryan Carter CCJ Set Aside, Now need help with Defence
do you think I would get more info if I contacted the Bulk centre for a copy of the original claim form, or do you think it would be the same?Originally posted by Celestine View PostComment
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Re: Set Aside Telephone Hearing
I doubt it would be any different.Comment
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Re: Set Aside Telephone Hearing
ok thanks, il send off a cpr 2moro thenComment
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Re: Set Aside Telephone Hearing
Errm..............
If the reference number in that letter matches the one on the court paper I'd be making an application to the court to have the claim struck out as having no chance of success and a waste of court time, including a copy of the letter
The application would also ask for an order from the court that BC/Lowell then pay you back the cost of that application
Would others agree with this tact?Comment
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Re: Set Aside Telephone Hearing
The Lowell reference number is different but the account number is the same. The account number is on the court paper.
What is the process after its set aside?
I know I have to get my defence in by the 11th but what does the claimant have to do?Comment
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Re: Set Aside Telephone Hearing
You file the Defence, but you are obviously reliant on them sending you documents that substantiate the claim before you can submit a detailed Defence
Therefore you need to submit a holding Defence requesting the court to allow more time for you to prepare a detailed defence once the claimant has submitted documentation
However, the application for strike out would kill it dead (assuming the court act reasonably and act on the application)
I'd say your best bet is to submit the holding Defence and Application for striike out at the same time, that way you wont find yourself in trouble should the court have a md moment and r4efuse to strike out the claim
At the current point, the Claimant only needs to supply the supporting documentation, but you obviously need to request that via CPR, as yoyu have already statedComment
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Re: Set Aside Telephone Hearing
P.S - I'd be inclined to detail the Statute Barred issue in your holding Defence, along with a copy of their letter (also attached a further copy to the Application for strike out)Comment
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