county court bryan carter solicitor /lowell portfolio

[jefstudent]

Re: please help got claim form from county court today

HI Gordon,

Today I received a letter from Bryan Carter Solicitor for my letter sent on 24th Dec;2013.

It says...


We write further to your recent letter requesting disclosure under part 31 of the civil procedure rules.

We confirm the claim form was issued by northampton cc bulk centre and that court's protocol was followed when issuing the claimant's particulars of the claim.
Practice 7C point 1.4(3A) eliminates requirement to attach the documents to the particular claim when they are issued by the court.

We confirm this matter will most probably be allocated to Small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.

In any event the notices of default and assignment left the control of the claimant when they were despatched to you.

It is the original creditor's policy to issue agreement at the date of the contract and statements throughout the duration of the agreement and inn this regard we ask you to your own records.

We confirm that we are instructed by our client to act on their behalf in relation to the collection of the above outstanding balance. The debt relates to capital one account which was assigned to our client on 1 October 2009. You may verify our instructions with our client if you wish.

We will take further instructions from our client regarding the points raised in your letter. We will revert to you once we have a response.

In meantime, we recommend you seek independent legal advice. A claim was issued inn this matter on 16th Dec;2013. We note that you state you have returned your acknowledgement of service to the court, once we receive notification of this we will update your account accordingly.


Can you please advise me next step thanks.

Far as i understood that they saying that they are not obliged by law to provide any of the documents i required.

Please help.

Thanks

[Legal]

Re: please help got claim form from county court today

In my case, Bryan replied with the same template right up until this part

"It is the original creditor's policy to issue agreement at the date of the contract and statements throughout the duration of the agreement and inn this regard we ask you to your own records."

Then he goes on to say that he will send my request off to his client and that it will take more than 7days. The claim will be put on hold for 14days.

It's been 4weeks since that letter. I have since submitted my defense though, not waiting to get a default judgement.

Basically, Bryan is hoping that with the response you have received, you will sit on your thumb waiting for the requested documents while forgetting that you STILL HAVE TO enter a defense regardless of whether he sends you the documents or not.

My advice is for you to enter a defense sometime next week.

[jefstudent]

Re: please help got claim form from county court today

Thanks for that. But I have sent SAR request to capital one as well as contract agreement to lowell portfolio l. Shall I wait for their reply as well ? And can you please tell what to write in the defence ( NOT GOT WITH WRITING) .
THANKS

[Legal]

Re: please help got claim form from county court today

Hi, you need to enter a defense regardless of how many requested documents you are waiting for. Please take a look at my thread to get an idea of how you might wanna write up your defense. I cannot give you any direct advice on defense writing as I myself need advice. Look around on this forum, search for bryan carter and you should see results of people who have dealt with him in the past and just try to follow the advice people gave

[jefstudent]

Re: please help got claim form from county court today

Hi Everyone,

Can anyone please help me drafting a Basic defense statement to send it court.

Please help

Thanks

[mystery1]

Re: please help got claim form from county court today

Why are you entering a defence if they haven't sent the documents ?

M1

[jefstudent]

Re: please help got claim form from county court today

Well I got cpr back from bryan carter saying refer your own records but still waiting for cca and sar but I have send something back to the court before end of this coming week as I only got 28 days so what else shall Iwrite to the court

[mystery1]

Re: please help got claim form from county court today

He really said that ? LOL how bad does he want his reputation to be.

Apply for an unless order. Do not enter a defence. That's what i'd do.

M1

[jefstudent]

Re: please help got claim form from county court today

Honestly that's what it said in the letter I got back from bryan carter.

Now I am confused, legal told me to enter your defence saying non compliance and do not recognised the debts but he said make sure submit something otherwise bc will put ccj by default.

Now you are saying about unless order?? What's that as well I believe this debt is sb as it was defaulted in 2008. Please help anyone what should be my next step.

Thanks

[mystery1]

Re: please help got claim form from county court today

If you make an application then you are participating in the claim. Default judgement should not be allowed then. The judge will set a new timetable for a defence.

What Legal is suggesting is not a defence to the claim but a moan about the claimants conduct in the litigation. How does that help you ? It does nothing. An application asks the court to get them following the rules of the court.

M1

[jefstudent]

Re: please help got claim form from county court today

Hi,

I am trying to google the process to issue unless order but not getting any joy. Can you please give me headstart as how to pursue unless order against bryan carter please.


thanks

[MissFM]

Re: please help got claim form from county court today

Don't worry Jefstudent, people who know what you should do will be along soon.

[pt2537]

Re: please help got claim form from county court today

You have a couple of options here.

You could make an application citing the Claimants refusal to allow inspection of the documents mentioned in the Claim form. While they may be right about rule 31 and its application etc, the CPR is also clear that an unallocated case is multi track until it is allocated.

The other option is to lodge a Defence on the basis you cannot plead a Defence due to the Claimants blatant refusal to allow inspection of the documents mentioned in the Claim form.

The only problem with the latter is that you will then need to amend your defence at a later stage and that will incur further costs etc on your part.

[Amethyst]

Re: please help got claim form from county court today

Okay so you want to submit an application to the court due to BC's non compliance with CPR 31.14. Have a read of http://www.legalbeagles.info/forums/...4&d=1353094456 and http://www.legalbeagles.info/forums/...non-compliance thread for an example and an idea of the process.

You need the form N244 (N244 (opens in new window) Application Notice ) and possibly if you qualify for fee remission the EX160 (see http://www.justice.gov.uk/courts/fees )

If you paste up what you write on the forms with any questions they can be checked/amended before you submit.

[jefstudent]

Re: please help got claim form from county court today

HI,

Thanks for your replies. I have till Friday this week to enter my defense or take any action. Having considering my situation and with all your experiences, what would be the best course of action you would think to follow in LOWELL / BRYAN CARTER case.

Shall i go with basic defense and change it at later stage and how much will that cost me or shall i go with unless order at this stage??

Please appreciate any suggestions.

thanks