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

[Curlyben]

Re: N1 served - SORTED Bryan Carter

Sorry mate been a bit tied up.

Now I would drop him in shyte striaght off

I am writing regarding the County Court claim number XXXXX issued on XXXXXXXXX for the sum of TOTAL including XXXXX costs, such sum being part of a debt due under an agreement number xxxx with EON.

I refer you to case number xxxx, issued in Northampton on 04.06.08, and subsequently discontinued by yourselves an DATE, Notice of Discountance dated.

May I 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.

As this current action (Case number) represents the exact same cause of action as case XXXXX I expect an explanation as to reasoning behind this claim. Also the distinct lack of compliance with pre-action protocols in this matter.

I would appreciate a response within 7 days so that I may have ample time to file a defence and counter claim to this action.

Your BLAH.....

cc THE COURT MANAGER

[WendyB]

Re: N1 served - SORTED Bryan Carter

Thanks so much CB. So I was along the right lines, just waffled on a bit too much-)

What about the shyty letter saying that they had discontinued before receiving my defence though?

[Curlyben]

Re: N1 served - SORTED Bryan Carter

So what.

Send them that letter with a copy to the court and see what happens next.
If they ignore fire off a CPR 31.14 and file holding defence for now.

[WendyB]

Re: N1 served - SORTED Bryan Carter

okay, will do. Just need to find the paperwork from the original calim so I can put the cliam number in my letter. I really really hope I haven't chucked it away.......

[enaid]

Re: N1 served - SORTED Bryan Carter

okay, will do. Just need to find the paperwork from the original calim so I can put the cliam number in my letter. I really really hope I haven't chucked it away.......

Lesson one!chuck the ironing not the paperwork! LOL

[WendyB]

Re: N1 served - SORTED Bryan Carter

well, phoned the court, they couldn't tell me the old case number as they don't have a search facility. The girl I spoke to was very helpful, although she couldn't comment on Bryan I got the distinct impression that she agreed he was a nsty piece of work, and suggested veriuos ways to find the case ref, and suggested which bit of CPR to use re discontinuance when i meantioned the previous case etc. Got the distinct impression that they are fed up of Bryan splitting claims and abusing process etc, she seemed quite pleased that somewone was standing up to him lol.

Anyway, phoned Fred, who happily told me what the case number was, so have put in the letter and will be posting later.

[Curlyben]

Re: N1 served - SORTED Bryan Carter

Forgot to mention, report him to LCS for good measure

[Mochamoo]

Re: N1 served - SORTED Bryan Carter

Forgot to mention, report him to LCS for good measure

Who are they?

[Curlyben]

Re: N1 served - SORTED Bryan Carter

LCS: Legal Complaints Service home

[WendyB]

Re: N1 served - SORTED Bryan Carter

Haven't copied the letter to the court, should I do that now,or send it with my defence. Haven't acknowledged yet either, will do that online later.

[WendyB]

Re: N1 served - SORTED Bryan Carter

Done AOS online. Should I send a copy of the Bryan letter to the court now, or file it with my defence?

[Curlyben]

Re: N1 served - SORTED Bryan Carter

Oh yes send it to court.
Have you contacted LCS ??

[WendyB]

Re: N1 served - SORTED Bryan Carter

Right, will do that tomrrow. Do I just send it to the court manager with a covering letter?

And no, haven't done LCS yet, not really sure how to word it.

[Curlyben]

Re: N1 served - SORTED Bryan Carter

that's the kiddie

Yeppers shop the fecker.
Good idea to give them a call first and explain the situation..

[WendyB]

Re: N1 served - SORTED Bryan Carter

I'll try and call tomorrow if the boss is out, and if I remember to charge my mobile