county court bryan carter solicitor /lowell portfolio

[jefstudent]

Re: please help got claim form from county court today

Hi,

Received 1st letter from Bryan Carter without prejudice asking me to arrange payment plan.
It all feels like a one standard process and they wont like it whoever is trying to change it
by exercising CPR31 rights in Bryan Carter's standard process bit like NEO and agents from Matrix.

Thought share it with everyone.

thanks

[mystery1]

Re: please help got claim form from county court today

He likes to do that. I think he recognizes forum help and hopes to spook some in to payment.

M1`

[jefstudent]

Re: please help got claim form from county court today

I am sure you are correct on that.

[jefstudent]

Re: please help got claim form from county court today

HI,
Just rang BC asking for my Part31 / CCA request has still not been received and they come out with new discovery that the CCA has actually been actioned already start of this month.
Furthermore, even Lowell has confirmed that according to notes it looks the documents were requested in 2 packs and has been sent to their legal team, and they must have despatched it to me but they cannot confirm the delivery tracking number or date.

I am now getting doubts as to what my next course of action will be.

any advice please.

thanks

[mystery1]

Re: please help got claim form from county court today

What difference does that make ? You haven't got it. They haven't complied.

If you don't want to take them on you might as well bend over.

M1

[jefstudent]

Re: please help got claim form from county court today

HI,

Its not that I don't want to but I am scared if they have got documents then I will be left with a slim chance to succeed.

what is the process after defence submission?

I know BC has instructed that they want to go ahead with the claim but how long before I receive a questionnaire and the court date? any ideas?

thanks

[mystery1]

Re: please help got claim form from county court today

The longer you leave it the more chance they have of finding them. The more chance they have of finding them the less chance you have of disposing of the case by tactical litigation which does not rely on you winning the case on merit.

The earlier you discover they have them the better. You can always deal at any time so if they come up with the goods it's not the problem you seem to think it is.

In my opinion you are giving them time to put lead in their boxing glove ready to whack you as hard as they can.

M1

[Streetwise]

Re: please help got claim form from county court today

HI,

Its not that I don't want to but I am scared if they have got documents then I will be left with a slim chance to succeed.

what is the process after defence submission?

I know BC has instructed that they want to go ahead with the claim but how long before I receive a questionnaire and the court date? any ideas?

thanks

Just get on with it,do as M1 says,personally if they had anything you would have had it by now time is on your side here, use it to your advantage.:tongue2:

[jefstudent]

Re: please help got claim form from county court today

HI M1 and Streetwise,

Thanks for the advice. I wanted to do as M1 said and CEL and PT has agreed to it as well. As I have read other case studies for unless order raised in past, i have discovered that it turned out in most cases against the defendants rather then the claimant. Its up to Judge's discretion to force the order as we know.

Now with the communication I had with BC and Lowell,
BC is saying that they have received CCA agreement from Lowell on 24th Jan;2014 and has been despatched out. I spoke to another Lowell front line advisers and she said we still in process of deciding whether to pursue with the instructions or recall it from BC.

Today I spoke to Litigation in Lowell, and he is giving me another story saying that
they acquired account from Capital1 around end of 2009. There has been a CAB letters received regarding this account on my behalf with my authority to CAB to deal with my debts. There was an IN documents for my means to pay was sent around August 2010 and CAB has agreed a payment from my side which I do recall vaguely that I was in right mess so might have contacted CAB regarding my debts.

They said there were 3 payments made around end 2011.

I do really apologise for my delayed actions but I wanted to get enough evidence that I tried to the best of my abilities in trying to honour pre action protocol to which LOWELL/BC has completely frustrated the situation and made me to apply for force disclosure through court.

Now with new evidence in light, what will be the best course of action will be.

I really really cannot have CCJ registered on my my file as it will have employment issues to me.

Please begging for best course of action advice in this situation.

thanks

[pt2537]

Re: please help got claim form from county court today

HI M1 and Streetwise,

Thanks for the advice. I wanted to do as M1 said and CEL and PT has agreed to it as well. As I have read other case studies for unless order raised in past, i have discovered that it turned out in most cases against the defendants rather then the claimant. Its up to Judge's discretion to force the order as we know.

Now with the communication I had with BC and Lowell,
BC is saying that they have received CCA agreement from Lowell on 24th Jan;2014 and has been despatched out. I spoke to another Lowell front line advisers and she said we still in process of deciding whether to pursue with the instructions or recall it from BC.

Today I spoke to Litigation in Lowell, and he is giving me another story saying that
they acquired account from Capital1 around end of 2009. There has been a CAB letters received regarding this account on my behalf with my authority to CAB to deal with my debts. There was an IN documents for my means to pay was sent around August 2010 and CAB has agreed a payment from my side which I do recall vaguely that I was in right mess so might have contacted CAB regarding my debts.

They said there were 3 payments made around end 2011.

I do really apologise for my delayed actions but I wanted to get enough evidence that I tried to the best of my abilities in trying to honour pre action protocol to which LOWELL/BC has completely frustrated the situation and made me to apply for force disclosure through court.

Now with new evidence in light, what will be the best course of action will be.

I really really cannot have CCJ registered on my my file as it will have employment issues to me.

Please begging for best course of action advice in this situation.

thanks

Ive just had a discontinuance on the back of an application. So it works.

I have already given my input, i can say no more than the old saying " you can lead the horse to water but you cannot make it drink"

[jefstudent]

Re: please help got claim form from county court today

HI ,

Thanks for that. I know and have got great respect for you on this matter. I really appreciate your input and detailed advice.
Its just living with struggling life, lots of debts and being unemployed made me to avoid taking risks for some reason.

However, with this claim my 3rd reminder to them for CCA has expired today. You did mention that I can make unless order 3 clear days before the hearing date.
I didn't even receive the questionnaire yet.

Thinking of worst case scenario if they do produce all relevant documents would I still be able to get to an agreement with them to settle this debt with no CCJ.

thanks

[mystery1]

Re: please help got claim form from county court today

If you get to questionnaire then you'll be allocated small claims and cpr 31 will not apply. I wouldn't fancy my chances of an unless order then.

You can settle any time up to judgement.

As I have read other case studies for unless order raised in past, i have discovered that it turned out in most cases against the defendants rather then the claimant.

I'm aware of 1 and you can't see it cause it's VIP. The case is stayed and should be put to bed. This was pre Mitchell and the Jackson reforms. Please point me to the ones you mention.

M1

[jefstudent]

Re: please help got claim form from county court today

Hi,

Can you please read my witness statement, just to make sure its fine to send


WITNESS STATEMENT FOR UNLESS ORDER

2. Unless otherwise indicated, what I say in this witness statement I say from my own Knowledge.
where I state matters of information or belief, I give the source of that information or belief.


3. I make this witness statement in support of my application for an order (draft of which attached) that the claimant do provide me
with documents mentioned within the statement of case pursuant to CPR31.14.


4. Formal request for CPR31.14 disclosure (Please see exhibit 1) was sent to Claimant's solicitor on 23rd Dec;2013 ( Please see exhibit 2 Delivery receipt and


confirmation).
5. Formal request under s.78 Consumer Credit Act 1974 (Please see exhibit 3) was sent to Claimant on 23rd Dec;2013 (Please see exhibit 4 for Delivery receipt and


confirmation).


6. A formal Subject Access Request (Please see exhibit 5) was submitted to Capital One (Original Creditor) on 23rd Dec;2013 (please see exhibit 6 for Delivery receipt


and confirmation).


7. On 31st Dec;2013, defendant received a standard template reply from Claimant solicitor, in which they refuse to provide the requested documents and directing


defendant to their own records. None of the requested documents attached in that letter from claimant's solicitor.


8. Defandant has allowed more time to claimant and their solicitor to comply with CPR disclosure.


9. After no further correspondance from claimant's and their solicitor, defandant has made a call to claimant's solicitor on 14th Jan;2013 at 16:19 and spoke to


frontline representative named 'xxxx' reminding of no correspondence has been received in terms of CPR disclosure. In responce Representative read out the same


standard template letter sent on 30th Dec;2013 and refer defandant to their own records. In responce to that defandant reminded him of the reason of disclosure was to


prove the ligitimacy of the claim as there are no records defandant can refer to.
Defandant has also asked for extension of time in order to file defence as defandant in unable to without sighting the documents which was clearly refused.


10. Defandant has also sent a reminder email on 14th Jan;2014 for proof of conversation and request for extension of time to file defence which was refused by


claimant's solicitor.


11. With no documents received, defandant sent 3rd and final letter on 23rd Jan;2014 to claimant (please see exhibit 7) giving them further 7 days to comply with CPR


disclosure and s.78 CCA1974), as well as pre warning for draft order for disclosure if they do not comply with CCA request.


12. The time limit on final request for disclosure of documents was expired on 28th Jan;2014 with no documents received.


13. Defandant has made another calls to Claimant's solicitor on 29-01 -2014 13:04 and spoke to representative xxxx, to remind them of CPR disclosure which was


refused. Furthermore, whilst in conversation with defandant xxxx pulled out new information overturning his previous information stating that the CCA request


has been answered but failed to provide any date, time or delivery tracking details and referred defandant to claimant for any further enquires.


14. On 29-01-2014 13:16, defandant rang claimant and spoke to represantative xxx on extension: xxx , who after making some enquires said the decision on this


account is still to be made as to go ahead with dispute or recall the instructions from claimant's solicitor and to wait for update till 31st Jan;2014.


15. On 31st Jan;2014 at 14:20, Defandant rang Claimant and spoke to xxx and then xxx on extension: xxx, who stated that this enquiry should refer to claimant's


solicitors.


16. Defandant has been chasing claimant and their solicitor for CPR31 disclosure but has not received any requested documents upto the date.




17. The Claimant and their representative have shown clear disregard of CPR31.15 which clearly stated that;
Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with


a copy not more than 7 days after the date on which he received the request.




5. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)
“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness


statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the


mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been


disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by


its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”




6. Suffice to say that without the availability of relevant documents as stated in the particulars of claim for my inspection, I will therefore unable to defend the


claim brought against me by the Claimant.




7.Statement of Truth:




I, jefstudent, the Defendant, believe the facts stated within this Witness Statement to be true.




Signed:




Dated:

[mystery1]

Re: please help got claim form from county court today

5. Formal request under s.78 Consumer Credit Act 1974 (Please see exhibit 3) was sent to Claimant on 23rd Dec;2013 (Please see exhibit 4 for Delivery receipt and



confirmation).




6. A formal Subject Access Request (Please see exhibit 5) was submitted to Capital One (Original Creditor) on 23rd Dec;2013 (please see exhibit 6 for Delivery receipt




and confirmation).

Nothing to do with 31.14. You may persuade the judge you are fishing by including that. Delete.

In responce to that defandant reminded him of the reason of disclosure was to prove the ligitimacy of the claim as there are no records defandant can refer to.

31.14 is not a fishing trip. Do not make it seem so. The reason for disclosure is for the preparation of the defence !

11. With no documents received, defandant sent 3rd and final letter on 23rd Jan;2014 to claimant (please see exhibit 7) giving them further 7 days to comply with CPR


disclosure and s.78 CCA1974), as well as pre warning for draft order for disclosure if they do not comply with CCA request.

Remove s78 !

13. Defandant has made another calls to Claimant's solicitor on 29-01 -2014 13:04 and spoke to representative xxxx, to remind them of CPR disclosure which was


refused. Furthermore, whilst in conversation with defandant xxxx pulled out new information overturning his previous information stating that the CCA request


has been answered but failed to provide any date, time or delivery tracking details and referred defandant to claimant for any further enquires.

Again the s78 cca request. Delete.



Your numbering sucks. 16,17,5,6,7 ???????

M1

[jefstudent]

Re: please help got claim form from county court today

hi,

Thanks for that. Sorry about the numbering. I wrote the statement new from start but last bit just copied it and forgot about changing the numbers.
I will take the advice on board. Do you think its boring or too much. Any other advice apart from the one you already gave me.


Thanks