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

[WendyB]

Re: N1 served - SORTED Bryan Carter

Well, Ceeby, I would like it all to go quietly away with minimum effort, no CCj and minimum outlay by me. Think 2 out of 3 would do, but in the absence of that will just have to do whatever it takes.

(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).

its the "and" that worries me, do both a) and b) parts of above have to apply in order for no-one to be able to claim? Cos if so then I would appear to be stuffed on that. Although he obviously discontinued the claim knowing that I would rely on abuse of process and knew what I would be relying on in my defence, he obviously hadn't had the defence when he discontinued.
------------------------------- merged -------------------------------

Your letter has been passed to our legal team who have advised us that the action discontinued prior to the defences response.

So why DID they discontinue then? Without even seeing my defence?

[ODC]

Re: N1 served - SORTED Bryan Carter

Bryan always seems to bottle out of a contest. I wonder why.

I wonder if he spells his name with a Y so as folk dont get it mixed up with BRAIN

[WendyB]

Re: N1 served - SORTED Bryan Carter

Can somebody please tell Bryan he's dead, cos he won't bloody well lie down??

Received a big fat A4 envelope today, with a letter saying basically here's the info you asked for. Now give us your proposals to pay up. Haven't had much chance to inspect yet cos OH was lurking, but once first inspection it looks just like all the electicty bills and statements fromPowergen. Couldn't see any deed of assignments or anything to prove that Bryan actually owns the debt.

Will post again when I've had chance to look properly

[Curlyben]

Re: N1 served - SORTED Bryan Carter

Hmmm interesting.
I'm thinking of a new tack for this one.
I'll let you all know what I'm thinking later

[WendyB]

Re: N1 served - SORTED Bryan Carter

Its definitelyy just the electricity and gas statements from Powergen. Interesting thing though, is that the last bill seems to be an estimated reading, and is until October 2006. But I'm fairly sure I moved to British Gas in Sept 06, so am going to contact B Gas to get the original reading that they took over my bills from, and see if the readings correspond. In case I've been billed by both companies for the same fuel. Of course, if it turns out that I haven't been billed for enough fuel, I will keep my mouth shut.

Will post more later when the boss has buggered off, and if I get chance to contact British Gas.

[WendyB]

Re: N1 served - SORTED Bryan Carter

Have checked with British Gas and the readings are correct.

However, waiting for us when we arrived back from Wales was a letter from Bryan saying "pay up £586.60 by 13th August otherwise we will take you to Court without further notice" Unfortunately OH opened this letter before I could so its all pretty much out in the open with him now (apart from the facts of this thread, which he knows nowt about). Had no internet access to ask you lot for advice, so bit the bullet and phoned Bryan's mob yesterday. Asked about F and F, and was told that the figure was £440.10, same as before. Asked about paying the F and F by instalments, and was told this isn't possible, the whole point of an f and f is to pay it in one go. So basically we pay up £440 now and thats that, or pay the whole £586 in instalments of £50 pr month, starting at the end of August.

Is it right that F and f's cannot be paid in installments?

Anyway, agreed verbally to start paying £50 pr month from 31st August.

Think this might be the end of the road with this one, but at least it will go away. Eventually.

[Guest]

Re: N1 served - SORTED Bryan Carter

Without wishing to appear facetious, the "full" part of "full and final" should be a bit of a clue Wendy...

[WendyB]

Re: N1 served - SORTED Bryan Carter

EErrrrrm, why didn't I think of that Cet?? But am sure I've read on here somewhere of someone paying an F and F in instalments...... oh well never mind, will just have to pay up monthly then see if we have any money at a later date to offr an F and F.

[WendyB]

Re: N1 served - SORTED Bryan Carter

Well, Bryan rears his ugly head again. Basically, I started paying Fred £50 per month. Missed a month here and there, and must confess haven't paid anything recently. My fault I now but the council tax comesfirst. Have had no contact from Bryan or Fred, excpt one letter ages ago saying I'd missed a pament so pay up or else, which I did. Anyway, have today recieved N1 issuing a claim for the balance, which is £336.

I know its my own fault, but is there anything I can do about it? I am thinking that as he discontinued last time after my CPR request etc, I neverhad any proof of assignment etc. I have had no remindrs, no LBA, nothing. Is this good enoug to get it chucked out again and pay off in instalments, do you think? I'm not trying to get out of paying, honestly just haven't had the money.
POC reads:
The claimant claims 336.80 being the balance of consideration utstanding to it under account xxxx in respect of service rendered to the defendant. Claimant also claims interest persuant to s.69 county court act limited to one year to the date hereof at the rate of 8% per annum amounting to 26.94

Any suggestions?

[Curlyben]

Re: N1 served - SORTED Bryan Carter

Well did he officially discontinue last time.
If so he needs reminding of CPR and the fact he must have the courts permission to pursue under the exact same cause of action.

CPR 38 - PART 38 - DISCONTINUANCE - Ministry of Justice

[WendyB]

Re: N1 served - SORTED Bryan Carter

Well I thought that but wasn't sure, although I wouldn't have known which bit of CPR to refer to. Id read my entire thread before I posted tonight and I saw that in there somewhere along the way.. Would it make a difference that the amounts caimed are different?

He did officially discontinue, had notification from Bryan and from court.

Claimant is Eon, with Bryan as Solicitor (presumably a word used very loosely in his case)

Should I draft a letter or is there "one you prepared earlier" in your library?

N1 says deemed servd 5 days after the date, which is 20th. So deemed served 25th, which means I have till 29th to acknowledge. Presumably I'll be defending the whole claim? Which will at least buy me some time before I have to submit a defence. Only thing that worries me is that it doesn't mention anywhere about if a ccj is awarded, paying within 28 days of the ccj date will remove it from the register. Has this been changed?

[WendyB]

Re: N1 served - SORTED Bryan Carter

Just realised I got the dates wrong, I have till 8th September to acknowledge.

Anyone have any thoughts on my last post please?

[WendyB]

Re: N1 served

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. :shocked: Although the facts would be no different...

So do you reckon | can still use CPR 38.7?. I actually received the discontinuance notice on 5th July, it was discontinued on 4th at court, but bryan's letter to me was dated 2nd, so they actually discontinued before receiving my defence, although I didn't receive the disconinuance till afterwards.

[WendyB]

Re: N1 served - SORTED Bryan Carter

Right then, here's my first draft. Help please.

Dear Bryan

I am writing regarding the County Court claim number XXXXX issued on XXXXXXXXX for the sum of 336.80 (this is the amount outstanding, should I put this or the total claimed including costs etc, which is 443.74?), such sum being part of a debt due under an agreement number xxxx with EON.


Upon inspection of the final bill from the Original Creditor, Powergen (now Eon), a copy of which I hold, I confirm that the total amount of the debt was £586.80. The balance you are now claiming is 336.80. To date I have had no statements from yourselves detailing payments made, balance owing etc. Nor have I received any Letter Before Action or other notice of intended legal proceeding, contrary to what?????
To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith.
1) Details of any payments received by yourselves in respect of the above debt,
2) A genuine copy of any deed of assignment, or proof that you have a legal right to collect this money.
3) All records you hold on me relevant to this case, including but not limited to:

A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the debt and any repayments made to the account.

Additionally, I refer you to case number xxxx, issued in Northampton on 04.06.08, and subsequently discontinued by yourselves. May I respectfully direct you to CPR 38.7, copied below for your ease of reference.
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.
.
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.

Alternatively, to bring this matter to a speedy conclusion, and save the Court's valuable time, I'm going do what?

[Sapphire]

Re: N1 served - SORTED Bryan Carter

Bumpety Bump Bump Bump !