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

[WendyB]

Re: N1 served

i offered him 195 in my original letter if he'd discontinue. And i know I don't have the full amount but if we could agree to an F & F in instalments that would be good. Could have sorted all this out ages ago, if only I'd realised that I coulld pay an F and F in instalments. Stupid me thought that f and f's had to be paid in full in one go. DOH!

[Amethyst]

Re: N1 served

Right - letter was sent and should have arrived Monday - so we'll give him till Friday to reply - then work on the defence which has to be in by next Friday.


What are the main points of the defence ?

Abuse of process really?

[WendyB]

Re: N1 served

I think so.

Am willing to pay the 195, should I put this in the defence or not? Or mention the total amount of 586?

Or just go for getting it chucked out as an abuse of process full stop?

Am just worried that if I mention the whole amount, Mr Judge might say "find for Mr Carter. pay him 586". And then I'll be really stuffed. Cos if it came to it, i could find a couple of hundred but not 600.

Could offer to pay in instalments but if there is a CCJ instalments wouldn't be any good cos if its over 28 days the CCj would stand wouldn't it?

What I really want Bryan to do is discontinue and accept instalments. Or just fade away into the distance....

[Curlyben]

Re: N1 served

As for the defence, here's one from a previous Mr C action which should prove very useful.

Yes I know it's a CCA action, but that can easily be changed.
Now the whole thrust of the defence should be split claim, ignoring you attempts at settlement and CPR letter, and general abuse of process

[WendyB]

Re: N1 served

That looks good to me, not sure how I would amend it from CCA to this case though. but thats because I'm thick lol. The only thing they have ever supplied is a copy of the bill from Powergen. and the claim is bought by Bryan Carter solicitors, not by Fred International. Does this make a difference. I would have thought it would be Fred who should have raised the claim, with BC acting as their solicitors? Or am I being even more thick?

[Curlyben]

Re: N1 served

Na, you're just thinking too much

Don't worry as that's just some ideas to be going on with.
I'll assist with this as I really like Mr C

[Amethyst]

Re: N1 served

Thats a nice defence Curly.

What happened with that case?



just for me

Abuse of Process
3) It is also 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.

[Curlyben]

Re: N1 served

He ran off

[Amethyst]

Re: N1 served

fantabulous

[WendyB]

Re: N1 served

Thanks a million CB and Ame, your assistnce is much appreciated. I'm feeling more confident now. Does Mr C run very fast, or is it more of a pathetic sidle back under his stone?

[WendyB]

Re: N1 served

Just been home and checked the post. Absolutely zilch from Bryan. Have checked Royal mail online and its saying that they have no info for my item, items are only tracked after they have been delivered. Should I fax to Bryan. Or not?
------------------------------- merged -------------------------------
Only thing that worries me about faxing is that my works number and id would come up on the fax- don't want them tracking me down and phoning me here!

[Amethyst]

Re: N1 served

Don't fax them...just wait they will have had your letter - next week we'll work on the defence and send him a nice copy don't worry - this won't be getting rubber stamped any where.

[WendyB]

Re: N1 served

Still no reply from Bryan and his henchmen. I really need to get this defence sorted now, it has to be there by Friday latest. Boss is in all day though so God knows when I'm going to do it.

[Curlyben]

Re: N1 served

Don't panic as his ignoring your request for information under CPR, coupled with the split claim is all good for us.

[Amethyst]

Re: N1 served

Wends do you want to have a go at this defence yourself or you want me (or Curly hint hint lol) to do a draft for you to amend?