Lowell/Bryan Carter Advice needed

[Jametch]

<sup>Hi
A while ago my mum received a court summons in regards to a debt that is over 6 years old.
I filed a statute barred defence online and sent off CCA and CPR 31.14 requests to Lowell and Bryan Carter (the solicitors they have in place)

I didn't hear anything back for a couple of weeks and then Bryan carter sent a letter stating that they did not need to conform with the requests as it would most likely be assigned to a small claims track and the requests would no longer apply to the case.

I sent them a letter stating that it had not yet been assigned to a small claims track so these requests were still valid and I have since received a letter with a monthly payment plan attached in which my mum is sto state how much she could pay each month sign and return and if they're happy with it, it'll be sealed and that's the way to go forward.

I was given the advice on here that I would need to apply to the court for a directions order in order to force them to comply with my requests at a cost of £80 (with a hearing) or £45 (without a hearing).

Is this the only thing I could do? I don't really have that type of money to be spending and would have thought that Bryan Carter would know better then to ignore the requests?

Any advice would be greatly appreciated.</sup>

[biondani]

Re: Lowell/Bryan Carter Advice needed

<sup>would have thought that Bryan Carter would know better then to ignore the requests?

Any advice would be greatly appreciated.</sup>

Bryan Carter are an absolute joke. Don't expect them to follow any protocol

[Amethyst]

Re: Lowell/Bryan Carter Advice needed

Hiya

As you have already filed a defence

I filed a statute barred defence online

then your case will already be being allocated and BC are right in that the CPR won't apply.

Have you received any response from the court since entering your defence ? You should receive an allocation questionnaire or some sort of order from them.

So no, don't enter a CPR application, if they disprove your Stat Barred defence then you may need to look at alternative defences or an admission.

What are the dates you are looking at on your stat barred defence ( ie when was last payment / acknowledgement and what date was the claim issued) ?

What is the debt ? credit card ? loan ? overdraft ?

Could you post a copy of your defence up too please.

Any response on the CCA request at all ?

Regards

Sharon

[Jametch]

Re: Lowell/Bryan Carter Advice needed

My defence (as I was advised on here)

"The claimant’s claim was issued on the 31/01/2014.

The Claimant's defendant contends that the Claimant's claim so
issued is a claim in contract and is statute barred pursuant to
the provisions of Section 5 of the Limitation Act 1980. If, which
is denied, the claimant contends that the Defendant is in breach
of the alleged contract, in excess of 6 years have elapsed since
the date on which any cause of action for breach accrued for the
benefit of the Claimant.

The Claimant's claim to be entitled to payment of £1166.89 or any
other sum, or relief of any kind is denied."

I only entered a defence on the advice of my previous threads and the fact that it says I had to within 14 days of acknowledgement of the original letter.

I haven't received anything from the court other then an acknowledgement of them receiving the defence. Well its my mums debt so I'm challenging it on her behalf, but its in relation to empire which was a catalogue. My mum hasn't been in contact or paid anything for at least 6/7 years (she's not 100% of the exact date and no longer has any statement or paperwork) with empire actually being absorbed into another company about 6 years ago.

And I haven't received a response to the CCA request either!

I just don't want this ending up going to court and costing my mum any more as she can't afford to pay the amount they want now, and I'm not currently in a position to help her out or I would.

Thank You

[Amethyst]

Re: Lowell/Bryan Carter Advice needed

Okay will dig out your previous threads. But basically your defence will have been sent to the Claimants and they have 28 days to get back to the court to say whether they wish to proceed with the case or not.

http://www.legalbeagles.info/forums/...-Advice-needed!!