Bryan Carter issued litigation proceedings in County Court.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

On page two of this thread you'll find their response to my cpr request. They agreed to a 14 day extension, taking me to the 11th of December...

And I did notify the court of the extension. I've posted everything in this thread as it has happened.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

If they have to provide me with my cca within14 days and my defence is due on the 11th... Will that not just render my request useless?

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

I'm just going to send the one CCA request to the creditor and not the solicitors working on their behalf.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Or would it be worthwhile sending one to Brian Carter as well?

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

On page two of this thread you'll find their response to my cpr request. They agreed to a 14 day extension, taking me to the 11th of December...

Why not the full 28 days the CPR allows?

And I did notify the court of the extension. I've posted everything in this thread as it has happened.

I'm sorry to ask, but I do read quite a lot of similar threads and don't want to get things mixed up. :santa_cheesy:

I'm just going to send the one CCA request to the creditor and not the solicitors working on their behalf.

Or would it be worthwhile sending one to Brian Carter as well?

Send the CCA request to the creditor with the £1 fee and a copy to Brian Carter just to inform them, without any fee.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

I'm not sure why they didn't allow the full 28 days. I typed out their response earlier on in this thread.

Everything was sent off the other day what should my next step be?

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Well, I'm expecting my cca request to be signed for (recorded delivery) sometime today. What should my next step be? I have until the 11th to put forward my defence

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

CCA request was signed for this morning. Next?

[Amethyst]

Re: Bryan Carter issued litigation proceedings in County Court.

Just read back through this and it looks like Bryan Carter have simply turned down your request for documents under CPR while agreeing to the extension to the 11th December. I think it's come about due to a misread on http://www.legalbeagles.info/forums/...218#post385218 .

So yes you do need to get your defence sorted and in.

It is entirely your decision what you want to do, The debt is £450 odd isn't it, so you could, if you wanted to definately avoid a CCJ and can afford to, contact Bryan Carter and negotiate a repayment by installment or full and final settlement which could be done via a consent/tomlin order which would mean the case gets stayed at court unless you miss payments then you get judgment against you.

Unfortunately you can't yet defend on the basis of non compliance with your CCA request as they have 12 more days to respond if they received it this morning.... not sure you would want to, or could, defend on an assumption that they won't comply.

you could apply to the court to push the CPR request disclosure, but that would cost you the application fee, and there's no guarantee it would be granted, and if it were, no guarantee that BC wouldn't have the documents to back up the claim

Other than that I can't see a solid defence for you to enter I'm afraid. The account is in your name, you do acknowledge it, you don't have any certainty about the last acknowledgement dates and it's likely to be near to Stat Barred time (as that's when BC tend to send court claims and we know that Lowells got lots of close to SB debts off shop direct), so defending and losing would get you a CCJ (which you could pay by installments but still it's a big blodge on your credit file for the next six years).

See what others recommend. Sorry if I sound like it's all bad news, last thing I want is to stress you out but you know your own circumstances far better than I so only you can decide the best option for you.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

How do I go about contacting Brian Carter to arrange some kind of payment settlement and avoiding a ccj? What do I say and when?

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

If I acknowledge and pay for this debt, is it then not going to appear on my credit rating for a further six years?

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

It was never that I couldn't afford to pay the debt, it was that I didn't want to acknowledge it as my own. Even if I pay it off isn't it going to affect my credit? I wanted it to vanish. I was hoping to buy a house next year.

If I pay it then will it sit in my credit history for a further six years or so?

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

So I call them up, negotiate repayment... But how is the court then notified before tomorrow etc?

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Can anyone just confirm that for me? Is this debt going to remain if I acknowledge and pay for it now?

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Called up. Payment done with. The debt will still disappear from my credit file in the next year. Not the result I wanted but happy that I'll still be ok to get a house and move on with my life.

A big thank you to everyone here for helping me and putting up with my naivety. I really really appreciate everything. If there's anything I can ever help with somehow then just pm me and I'll get a notification in my emails.

You guys are amazing people and you should be proud of yourselves.