Bryan Carter issued litigation proceedings in County Court.

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Choose the acknowledgment of service (AOS) option to get a total of 28 days (from date of service) to file your defence. :thumb:

As noted above, maybe Bryan Carter will give up the ghost :marchmellow: and back down when they see you intend to defend rather than roll over and admit the claim. tortghost

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Yes, it is. :thumb:

So I have registered online and these are the options available to me. What do I do?

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

I will be very surprised if Bryan doesn't do his usual stunt and back down when he discovers that the OP is contesting this matter

Given the ridiculously low amounts involved, it's hardly worth their while to go all the way, like many, they were probably hoping for default judgment or an admission.

[ODC]

Re: Bryan Carter issued litigation proceedings in County Court.

I will be very surprised if Bryan doesn't do his usual stunt and back down when he discovers that the OP is contesting this matter

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

So the first step is to go online, acknowledge the claim and state my intention to defend it in full?

Yes, it is. :thumb:

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

We were together for a long time but she was only here for a few months and even then sporadically.

So the first step is to go online, acknowledge the claim and state my intention to defend it in full?

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Yeah but if they haven't but might

I see what you mean, but sadly it was too late for pre-action protocols. :sad:

I'm not living in the same part of the country and have just visited him to find numerous letters from a company called "Bryan Carter solicitors" the most recent of which was issued on the 25th of October and states they've now issued litigation proceedings in the county court. It also says I will receive a claim form in the next 48 hours? Assuming anytime time now.

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

So here are the pics. There is also an admission form which I have no intention of using unless i dont have a leg to stand on here.

Please help, nerves are eating me alive!

Don't panic! :nono:

This is all pretty standard, you always have the option of stating your intention to defend in full, admit part of the claim or admit the claim in full. Anything other than defending in full will result in a CCJ against you, so you know which box to tick. :thumb: Your first step would be to acknowledge service of the claim, which you can do online. You have 14 days to acknowledge and once you do so, you have a further 14 days to submit your defence.

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Ok, so the claim arrived. My brother has sent me various pictures of the forms which ill post as soon as i figure out how on my tablet. It says lowell bought the debt in january 2009, so chances are not sb yet.

The date it was bought has nothing to do with it being SBd or not, it's all about when the last payment or written acknowledgment was made.

After sifting through some old emails I was able to determine that my ex girlfriend moved out in December 2008, I've no idea if she ever made a payment to the catalogue prior to that but she definitely didn't make any after early December 2008! So, unfortunately, not sb'd

Any idea when she actually made the purchases?

This may sound a bit personal but, under the circumstances, may be relevant: how long did she live there with you? :confused2:

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

After sifting through some old emails I was able to determine that my ex girlfriend moved out in December 2008, I've no idea if she ever made a payment to the catalogue prior to that but she definitely didn't make any after early December 2008! So, unfortunately, not sb'd

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

So here are the pics. There is also an admission form which I have no intention of using unless i dont have a leg to stand on here.

Please help, nerves are eating me alive!

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Ok, so the claim arrived. My brother has sent me various pictures of the forms which ill post as soon as i figure out how on my tablet. It says lowell bought the debt in january 2009, so chances are not sb yet.

I have to admit i'm very nervous and panicky about this. Ive never dealt with debt of any other kind before or been to court etc.

[mystery1]

Re: Bryan Carter issued litigation proceedings in County Court.

That makes sense, however, from what the OP has said, there was no LBA, just a letter saying they HAVE issued a claim on the 25th. :noidea:

Yeah but if they haven't but might

M1

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Personally, i'd start from the letter before action and use the pre action protocols to identify the facts of the claim and the documents on which the claimant relies. Beat them with a stick before they launch the claim.

M1

That makes sense, however, from what the OP has said, there was no LBA, just a letter saying they HAVE issued a claim on the 25th. :noidea:

[mystery1]

Re: Bryan Carter issued litigation proceedings in County Court.

It would be unusual for them to say a claim has been issued as opposed to just threaten to issue one, so you and your brothers should keep your eyes peeled. The time to file a defence starts from the date of the claim and you get an extra 5 days allowed for service.

In the meantime, it would be good if you could dig up anything that could prove this is SBd which would be the easiest route to take if applicable. Surely you remember how long ago that girlfriend moved out... :noidea:

Personally, i'd start from the letter before action and use the pre action protocols to identify the facts of the claim and the documents on which the claimant relies. Beat them with a stick before they launch the claim.

M1