Bryan Carter issued litigation proceedings in County Court.

[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.

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.

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.

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

[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.

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.

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.

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.

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.

[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?

[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?

[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.

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.

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.

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?