Bryan Carter issued litigation proceedings in County Court.

[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.

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.

[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.

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

Yes, it is. :thumb:

[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.

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.

[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.

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.

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

I've selected that i intend to defend the claim in full... Do i also select that i intend to contest court juristiction against me?

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

I've selected that i intend to defend the claim in full... Do i also select that i intend to contest court juristiction against me?

No, I doubt that would be relevant.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

No, I doubt that would be relevant.

Ok, all done! Now do I just wait on the next piece of mail?

Thanks so much for all of your help. Truly, truly grateful.

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Ok, all done! Now do I just wait on the next piece of mail?

Thanks so much for all of your help. Truly, truly grateful.

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!!!!!!

You could send a CPR 31.14 and CCA requests as noted here: http://www.legalbeagles.info/forums/...955#post382955

The small amount means it will be allocated to small claims, however, as it hasn't yet been allocated, you can still send the request for documents to the shysters and see what they respond with. :thumb:

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

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:



You could send a CPR 31.14 and CCA requests as noted here: http://www.legalbeagles.info/forums/...955#post382955

The small amount means it will be allocated to small claims, however, as it hasn't yet been allocated, you can still send the request for documents to the shysters and see what they respond with. :thumb:

So I should amend the linked letter template and send it to Bryan Carter? I'm assuming I sign in block capitals at the end. How do I ensure they don't just deny I ever sent the request for the documents? Recorded delivery? Do I send a copy to anyone else?

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

And in regards to thinking about my defence... I'm not sure about most of the points. The only thing I know for sure is that nothing was ever signed by me or anyone else. There are no agreements in place.

How will I know if BC decide to drop it entirely?

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

So I should amend the linked letter template and send it to Bryan Carter? I'm assuming I sign in block capitals at the end. How do I ensure they don't just deny I ever sent the request for the documents? Recorded delivery? Do I send a copy to anyone else?

As noted on the post where the letter was posted, it should be sent recorded delivery so it can be tracked. You can 'sign' using any computer font, ideally an italic font or script font, there are a few that come with Windows (assuming that's what you're using) by default. Normally you wouldn't sign using caps. What I mean is typing your name as if it was a signature, :typing: not actually signing by hand.

A copy could go to Lowell who own the account, according to the PoC.

And in regards to thinking about my defence... I'm not sure about most of the points. The only thing I know for sure is that nothing was ever signed by me or anyone else. There are no agreements in place.

How will I know if BC decide to drop it entirely?

That's the whole point, if you are sure nothing was signed, then you can say so in your defence. :director:

Note that their PoC do mention an agreement so you can ask them to produce it, they also mention the debt was assigned to Lowell, so you can ask them to show you proof of the assignment. What it doesn't mention is anything to do with defaults, so you may have to remove the reference to the default notice from the letter. The idea is to see if, once BC see you're getting serious, they decide to drop it. If they do, you will be informed, of course.