N1 claim form served AGAIN - Bryan Carter - SORTED AGAIN !!!

[Curlyben]

Re: N1 served

Excellent news

[tomterm8]

Re: N1 served

Congratulations.

[scottishlass]

Re: N1 served

well done Wendy

Just thought I would add I loved your letter

[WendyB]

Re: N1 served

I'm still working on the letter, on the second revision now, can't get it right. Might just give up and send the original, with a copy of this thread lol.

[Sapphire]

Re: N1 served - SORTED Bryan Carter

Well done hun, can't wait to see the letter when its done.

[Curlyben]

Re: N1 served - SORTED Bryan Carter

Oi! have you filed a report with LCS yet ?!?!?!

[WendyB]

Re: N1 served - SORTED Bryan Carter

Don't shout CB. I will get round to it I promise, just don't always have time at work. Unless you want to knock something up and I'll just sign it and send it???? Yes i know I'm a cheeky mare......
------------------------------- merged -------------------------------
PS - loving the new thread title

[WendyB]

Re: N1 served

This is why he's shot himself in the foot:

From CPR38 ( PART 38 - DISCONTINUANCE )
Originally Posted by Discontinuance and subsequent proceedings
38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and
(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

And the chances of that happening are extremely slim.

Only thing is, the claim was discontinued before my defence was submitted. Claim discontinued 4th July. they didn't receive my defence till 4th July. So would they have a loophole here? Although it would have to be substantially diffrent I suppose. But how about if they went for the whole 586 quid next time. That would be substantially different!:shocked: Although the facts would be no different.


And no CB, I havn't done the LCS thing yet, but I will, I promise...

[Amethyst]

Re: N1 served - SORTED Bryan Carter

The facts are substantially the same. Its not the amount. Its the same debt. Don't worry.

If he was going to go for the 586 after realising you'd susses his claim splitting tactic he'd have applied to vary the claim - so honestly stop worrying

[tomterm8]

Re: N1 served - SORTED Bryan Carter

Did you recieve the notice of discontinuance on the 4th? i doubt it. The case is only discontinued when you recieve the notice of discontinuance, not before.

[WendyB]

Re: N1 served - SORTED Bryan Carter

When I checked with the court, they said it was marked as discontinued on the 4th. But I'm not going to panic or worry, was just having a bit of a wimp atttack last night. Am back to normal now

[WendyB]

Re: N1 served - SORTED Bryan Carter

Oooookaaaaayyyy then, here's my revised version of letter above. Opinions please? I haven't done the LCS one yet cos i can't remeber who they are and where they live!

Dear Eon

Account number xxxxxxx

I write in relation to the above account, which as you are no doubt aware, has an outstanding balance.

The account was passed by yourselves to TDX, who then distributed it to Frederikson International Ltd, who in turn passed it to Bryan Carter Solicitors. Attempts to negotiate with yourselves were made, but on each occasion was told that I could not deal directly with Eon as the debt had been passed to TDX.

Attempts to negotiate with Frederikson International and Bryan Carter are, on the whole, completely fruitless as their methods are very intimidatory and designed to bully people into paying amounts which they can not afford, by using threats of court action, bailiffs and so on. Frankly I am surprised that a company such as Eon would resort to using debt collection agencies such as these. thought a bit of guilt tripping wouldn't go amiss here, was going to quote from their customer charter but they don't seem to have one!

You may or may not be aware that Bryan Carter Solicitors filed a County Court claim on 4th June 2008, citing Eon as the Claimant. Unfortunately, whether through ignorance of the law or total ineptitude,(not sure about this bit, I know its true but is it a bit much?) Bryan Carter Solicitors did not follow due process regarding the issuing of a County Court summons and subsequently discontinued the claim on 4th July 2008.( see section 35 of the County Courts Act 1984 - it shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.) is this a bit over the top


The consequence of their actions means that no further claim in respect of the outstanding amount can be made, either by Bryan Carter and Co, yourselves, or any other party. (see Civil procedure Rules, part 38, Para 7 - A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –
(a) he discontinued the claim after the defendant filed a defence; and
(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim).and this?

In light of the above, as I would like to clear this debt and bring matters to a conclusion, I am prepared to make an offer of Full and Final settlement of £117.36, this being 20% of the total outstanding.

I await your reply

Yours faithfully

[Curlyben]

Re: N1 served - SORTED Bryan Carter

Nice, should get their attention

[tomterm8]

Re: N1 served - SORTED Bryan Carter

Mention the Supreme Court Act 1981 s42, that always raises some interest.

[WendyB]

Re: N1 served - SORTED Bryan Carter

Mention the Supreme Court Act 1981 s42, that always raises some interest.

well if you give me some more info then I'll chuck that in as well