Bryan Carter issued litigation proceedings in County Court.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

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.

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.

Ok, so all I need to do is remove the part about default notice and send it to Bryan Carter? If I also send a copy to lowell then do I leave all of the wording exactly the same except for who it is addressed to? It isn't likely I can get to the post office until tomorrow, so I'll get them sent out then.

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Ok, so all I need to do is remove the part about default notice and send it to Bryan Carter? If I also send a copy to lowell then do I leave all of the wording exactly the same except for who it is addressed to? It isn't likely I can get to the post office until tomorrow, so I'll get them sent out then.

I would say so. You can just address the letter to BC and at the bottom of the letter, you put cc. Lowell and send exactly the same letter to Lowell, just for reference.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Hi guys, sorry to be a huge pain in the backside.

In the letter template it says xxxxxxx v yyyyyy at the top - I'm assuming those are filled with the names of the defendant and claimant. But it also says case number - what goes there? The claim number provided by the court or something else?

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Hi guys, sorry to be a huge pain in the backside.

In the letter template it says xxxxxxx v yyyyyy at the top - I'm assuming those are filled with the names of the defendant and claimant. But it also says case number - what goes there? The claim number provided by the court or something else?

No, you are not being a pain, that's what we're here for! :thumb:

It would be the claimant's name v the defendant's name (claimant goes first as it's them against you, not the other way round) and the claim number.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Letters posted on recorded delivery! So is it now a waiting game?

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Letters posted on recorded delivery! So is it now a waiting game?

To a certain extent, it is, however, do keep an eye on the timescales, if they don't respond within 7 days (or hopefully, discontinue ray, you'll need to get them to agree to an extension of time.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

What do you mean? If they don't respond within the seven days doesn't that mean they've failed to comply with what I've asked? Who am I looking to for an extension of time? The court or BC? If they do decide to take it no further do they let me know through post?

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

What do you mean? If they don't respond within the seven days doesn't that mean they've failed to comply with what I've asked?

Yes, but you have to get them to agree to an extension. This is different from when you send a CCA request and the account is put on hold till they comply, they have issued proceedings and you don't want them to obtain default judgment when you fail to lodge a defence within 28 days of the claim. :scared:

The CPR 31.14 letter says

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter.

and

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

Who am I looking to for an extension of time? The court or BC? If they do decide to take it no further do they let me know through post?

Bryan Carter should agree to the extension, then you'd have to notify the court of this agreement.

If they are discontinuing the claim they'll tell you in writing. ray:

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Yes, but you have to get them to agree to an extension. This is different from when you send a CCA request and the account is put on hold till they comply, they have issued proceedings and you don't want them to obtain default judgment when you fail to lodge a defence within 28 days of the claim. :scared:

The CPR 31.14 letter says


and



Bryan Carter should agree to the extension, then you'd have to notify the court of this agreement.

If they are discontinuing the claim they'll tell you in writing. ray:

Ok thanks! I shall keep you informed as it unfolds.

[CleverClogs]

Re: Bryan Carter issued litigation proceedings in County Court.

Could there be more debts this wanton strumpet may have taken out in your name?

I've fixed your post for you. :grin:

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Letters all signed signed for. Got screenshotted of their digital signatures too and the time they were signed for. Just waiting for their replies.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Ok, I got my reply and it isn't what I'd hoped for. Can someone help me out? Posting a pic in a min

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Can't figure out how to attach photos with my phone and I left my tablet at work, so I'll resort to typing it out

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

We write further to your recent letter requesting disclosure under part 31 of the civil procedure rules and request for an extension.

We confirm the claim form was issued by the Northampton county court bulk centre and the court's protocol was followed when issuing the claimant's particulars of claim. Practice direction 7c point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court.

We confirm that the claim will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within seven days. It is the original creditor's policy to issue any agreements on or around the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm we are agreeing to an extension of 14 days to allow you more time to prepare and file your defence, being 11th December 2013.

Please note that we have not yet been informed that you have filed the acknowledgement of service. As you are will be aware a claim was issued in this matter on 24th October 2013.please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgement being entered against you.
.

We recommend you seek independent legal advice.

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Ok, I got my reply and it isn't what I'd hoped for. Can someone help me out? Posting a pic in a min

Why not? What's wrong with it? They have agreed to an extension as they should, until Dec 11. :thumb:

Now you have it in writing, you should notify the court of the extension. :typing:

I note on the letter below that there seems to be doubt with regards to your having acknowledged service. Did you?

We write further to your recent letter requesting disclosure under part 31 of the civil procedure rules and request for an extension.

We confirm the claim form was issued by the Northampton county court bulk centre and the court's protocol was followed when issuing the claimant's particulars of claim. Practice direction 7c point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court.

We confirm that the claim will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within seven days. It is the original creditor's policy to issue any agreements on or around the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm we are agreeing to an extension of 14 days to allow you more time to prepare and file your defence, being 11th December 2013.

Please note that we have not yet been informed that you have filed the acknowledgement of service. As you are will be aware a claim was issued in this matter on 24th October 2013.please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgement being entered against you.
.

We recommend you seek independent legal advice.