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

[WendyB]

Right, advice needed here please. I know I should know the answers to this but my head is not working at the minute.

Have received N1 from the lovely Brian Carter. I do not dispute the debt and am willing to pay it. But I won't have the money to pay it till payday on 27th. So do I send the admission form off, or, to buy time, acknowldge and say I intend to defend? Then pay it when I get paid? Absolutely can not have a CCJ recorded, especially as its in OH's name and he knows nothing about it becuase I haven't told him. Yes, I know, I know, but whats done is done and I'm not about to tell him now. Its for electricity balance left over when we swapped suppliers.
Also, the claim is for £195, but with the solictors costs added on and the court fee its £260. Do I have to pay the £260 or the £195?
This is part of a debt of £586, but they state they are claiming £195 and for the avoidance of doubt are not waiving any rights as to the balance of the debt. So I suppose when i've paid this they'll no doubt come after me for the rest of it.
all advice welcomed.

thanks xx

[setmefree]

Re: N1 served

it is unlawful under section 35 County Courts Act 1984 to split one claim into smaller claims.

I'm sure someone more qualified will be along soon

[Amethyst]

Re: N1 served

Whats this for Wends?


And can you type up the POC pls.

Ta hunny xx

[Curlyben]

Re: N1 served

The lovely Mr Carter is well known for his "abuse" of process and splitting claims.
As mentioned by setmefree, here's the section:

Division of causes of action

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.

Now I wouldn't muck about and hit him HARD.
A part 18 request for full disclosure works a treat with this company.

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

Dear Sir/Madam,

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes the Data Protection request made to on the **DATE**. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with **CREDITOR**.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.
4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

Now I would acknowledge service on this, but do so just before the deadline. You have 14 days from the date of service to acknowledge it.
I would do so and defend everything.
If Mr Carter can't play reasonably within the court rules then we take him to task.

Now I would also be inclined to file a report with the Law Society's Legal complaints Service ( LCS: Legal Complaints Service home. ) about their tactics, methods and continual abuse of process.

Now this may not get you any where, but it puts them on notice that you will not be intimidated in this manner.

[Amethyst]

Re: N1 served

nice one

Curly - why does he split the claims ?

[Curlyben]

Re: N1 served

Mr C does this to ensure he gets his costs paid.
They are the "inhouse" solicitors for Fredricksons International ( Fredricksons International Ltd | Debt Sales and Purchase ) and do alot of work with MBNA debts.

Fredricksons International - Google Search

[WendyB]

Re: N1 served

Thanks Curly. But I'm not sure I can go that far, as I said, the claim is against OH, only he doesn't know. I've never mentioned it and he thinks it was sorted ages ago.

Its from when we moved electricity supplier. Its the balance that was owing to Powergen. Which they never chased and we din't pay. They pased it to fredrickson International, who then passed it to Brian carter solicitors. Have sent the bog off DCA lettrs, got a statemnt etc so i know its the correct amount. Not disputing amount. I did offer F and F but they wanted £440, offer open till about 3 weeks ago. I don't remember making any agreement with them, but thats not to say i didn't.

POC says

The claimant claims £195, such sum being part of a debt due under an agreement number xxxx (the agreement) whereby the defendant agreed to pay the claimant £586.80 (the debt)
For the avoidance of doubt in making this claim for a part of the debt the claimant does not waive any rights as to the balance of the debt, which the defendant continues to owe to the claimant under the agreement. The claimant reserves the right to make further claim for such sums of the debt as remains outstanding.

[Curlyben]

Re: N1 served

How long does this date back as there is a TWO year limit on utility claims of this nature ?

Either way I would make the court aware that Mr C is abusing process with this action and report him for it.
You can still use the CPR letter, and I would, just edit out the parts referring to credit/CCA as this isn't covered by it.

[WendyB]

Re: N1 served

Not sure, I'll have to check with our current suppier as to when we swapped over. I'll do that tomorrow, can't see as I'll have much luck with ringing tonight. But i think it was about 18 months ago

[setmefree]

Re: N1 served

Mr Carter is also part of Crellins, and he has been reported to the Law Society many times for different things, but to no avail.

...:::Crellins Carter Solicitors:::...

[setmefree]

Re: N1 served

The lovely Mr Carter is well known for his "abuse" of process and splitting claims.
As mentioned by setmefree, here's the section:



Now I wouldn't muck about and hit him HARD.
A part 18 request for full disclosure works a treat with this company.

Now I would acknowledge service on this, but do so just before the deadline. You have 14 days from the date of service to acknowledge it.
I would do so and defend everything.
If Mr Carter can't play reasonably within the court rules then we take him to task.

Now I would also be inclined to file a report with the Law Society's Legal complaints Service ( LCS: Legal Complaints Service home. ) about their tactics, methods and continual abuse of process.

Now this may not get you any where, but it puts them on notice that you will not be intimidated in this manner.

Once again good sound advice from Curlyben

[Amethyst]

Re: N1 served

Right Wends, what do you want to do with this ?

You want to avoid the CCJ basically.

I do think you should share this with your OH, you have the council tax thing too - are there more hiding away ? You can't be pushed into paying more than you owe by unscrupulous dca because you are trying to keep it secret. I'm sorry hunny.

I would do the part18 and file it with the court.


Now this bit I don't understand

it is unlawful under section 35 County Courts Act 1984 to split one claim into smaller claims.

Why does he write on the POC its a part if it is ? Seems a bit daft.

35 Division of causes of action

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.

Can we not do an admission and offer to pay and defend costs on section 35 ? or even strike it out and make him bring full claim ? I still agree with the Part 18 tho. When i get from school will have another look at that. CCA doesnt apply. Also need to check them on it. If the debt was incurred 2 years ago and they chasing since before then its still due. The 2 years is more for mis read / underread meter reads which have to be billed within two years and the backlog cant go back further than that. But will check that out too unless anyone has reference handy. think loulou did some stuff in utilities foru years rule.

taking kids to school back soon

[Curlyben]

Re: N1 served

Ame, Basically he uses N1's as another means of threatening tactic on the assumption that people would rather pay the entire amount and clear the debt, then let it ride and get a CCJ.
Now if the action is ignored he wins anyway as he gets a default judgement and the chance for a second bite, which rarely happens anyway.

It seems to me that these actions and split claims simply cover the amount the debt was purchased for with minimal profit to improve cash flow and make their resolution figures look good.
After all the OC has already written this off, so they really don't care what happens.

[setmefree]

Re: N1 served

Abuse of Process
It is noted that the claimant is trying to conduct this claim contrary to s35 County Courts Act 1984 as I note the claimant has split one cause of action into two or more separate claims. This is unlawful as laid out in section 35 of the Act and it is requested that the court strike out this case as a clear abuse of the process

[Amethyst]

Re: N1 served

Right okay - so if any defence is made on the sec 35 isswe use sec 35 as SMF has put in the defence/admission - won't that force him to put full claim into court putting Wends more at risk of a CCJ ? Or will he just scuttle away.

Orrrrrr can we remove his right to claim the rest by using part 35 meaning Wends only has to pay this court claim and the rest vanishes ?

I realise the Part 18 might make him scuttle off but we need to submit to court too, and as Wends does owe the amount she only has the defence the claim shouldnt have been brought to remove the costs aspect - plus she doesnt want a CCJ and defending only the costs bit will leave her with a CCJ for the amount owing (although she can pay that off next month? I think so isnt it if its paid within 14 days no CCJ is recorded ?)

What you think?