Bryan Carter

[AHG]

Hi I was taken to the county court for a £4000 debt back from 2007. My defense to the court was that i believed the debt satute barred. I just received a letter from Bryan Carter saying that it was not satute barred because i made a payment on the 15th June 2009 which i do not recall. today i received a letter saying They intend to proceed with the claim and they are willing to enter into a without prejudice by way of a Tomlin order. they did not give any proof of the so called payment . any help on how to proceed is welcome!

Can you help please?

[nemesis45]

Re: Bryan Carter

H welcome to LB,

When was the claim issued?
This sounds a typical Carter Ploy when on thin ice.
Detail please.

1. You have acknowledged service and entered a statute barred defence correct?
2. Who is Carter acting for Lowell by any chance?
Have you sent a CCA Request to Carters Client?
and a CPR31.14 request to Carter. If not do both now.

I personally write to Carter along the lines of:

Ref: Claim No.xxxxxxxxxxxxxx

Sir/Madam

I refer to your letter dated..............; in regard to the above mentioned claim please note I do not acknowledge any debt to your client ....

You allege that a payment was made by me on xx.xx.xxxx I have no record or recollection of any such payment and therefore the allegation is denied.

As you are fully aware the onus of providing unequivocal proof that any such alleged payment was made lies entirely upon your client,
it is not for me to prove the status of the alleged debt.

At this point I cannot agree to any Consent Order for the reason given above.

If your client has no such proof I suggest that it withdraws the claim.

to Carter by signed for post. (if you decide to use it)

nem

[AHG]

Re: Bryan Carter

When was the claim issued? 2007
This sounds a typical Carter Ploy when on thin ice.
Detail please.

1. You have acknowledged service and entered a statute barred defence correct? YES
2. Who is Carter acting for Lowell by any chance? YES
Have you sent a CCA Request to Carters Client? NO
and a CPR31.14 request to Carter. If not do both now. NO

I personally write to Carter along the lines of:

Ref: Claim No.xxxxxxxxxxxxxx

Sir/Madam

I refer to your letter dated..............; in regard to the above mentioned claim please note I do not acknowledge any debt to your client ....

You allege that a payment was made by me on xx.xx.xxxx I have no record or recollection of any such payment and therefore the allegation is denied.

As you are fully aware the onus of providing unequivocal proof that any such alleged payment was made lies entirely upon your client,
it is not for me to prove the status of the alleged debt.

At this point I cannot agree to any Consent Order for the reason given above.

If your client has no such proof I suggest that it withdraws the claim.

to Carter by signed for post. (if you decide to use it)

nem



thanks

[nemesis45]

Re: Bryan Carter

Get the CCA and CPR request away asap (templates in the forum library) £1 fee for CCA CPR31.14 no fee.

nem

[AHG]

Re: Bryan Carter

I will do.

Thanks

[AHG]

Re: Bryan Carter

Hello

I received a letter today saying that they are confirming that they client (Lowell) intends to proceed but before doing so they are prepared to enter into negotiations to avoid further costs and expenses (for both parties). They state that the courts encourages this type of negotiations.

[nemesis45]

Re: Bryan Carter

Hello

I received a letter today saying that they are confirming that they client (Lowell) intends to proceed but before doing so they are prepared to enter into negotiations to avoid further costs and expenses (for both parties). They state that the courts encourages this type of negotiations.

Yes the court does encourage this and so does Lowell if it thinks it maybe on thin ice if it claim gets in front of a judge!!

Is there any for of discount offer as well?

nem

[AHG]

Re: Bryan Carter

Not yet

[AHG]

Re: Bryan Carter

I have sent a CCA Request to Carters client
and a CPR31.14 request to Carter. This is the letter i got this morning from Carters.


We write further to your recent correspondence to us.

We confirm that this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the Civil Procedure Rules will therefore not apply.
It is the original creditor's policy to issue agreements at the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

Our client intendes to proceed with the claim and we have informed you under seperate cover in this regard. The court will now contact all parties with notice of allocation. Notice of hearing and any other directions.



What next?

[Kati]

Re: Bryan Carter

I have sent a CCA Request to Carters client
and a CPR31.14 request to Carter. This is the letter i got this morning from Carters.


We write further to your recent correspondence to us.

We confirm that this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the Civil Procedure Rules will therefore not apply.
It is the original creditor's policy to issue agreements at the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

Our client intendes to proceed with the claim and we have informed you under seperate cover in this regard. The court will now contact all parties with notice of allocation. Notice of hearing and any other directions.



What next?

That's a typical response - but it's worth remembering that until this claim has been allocated to a track the CPR31 rules still apply
I'm sure you will get lots of advice on what to do next from the knowledgeable Beagles soon
K x

[MIKE770]

Re: Bryan Carter

That is all you will get from him this missive, see what arrives next, they never change their methods.

[AHG]

Re: Bryan Carter

I have sent a CCA Request to Carters client
and a CPR31.14 request to Carter. This is the letter i got this morning from Carters.


We write further to your recent correspondence to us.

We confirm that this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the Civil Procedure Rules will therefore not apply.
It is the original creditor's policy to issue agreements at the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

Our client intendes to proceed with the claim and we have informed you under seperate cover in this regard. The court will now contact all parties with notice of allocation. Notice of hearing and any other directions.



What next?

[MIKE770]

Re: Bryan Carter

Their usual we will not letter, see what comes next, keep all copies of the missive they send you

[FlamingParrot]

Re: Bryan Carter

We confirm that this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the Civil Procedure Rules will therefore not apply.
It is the original creditor's policy to issue agreements at the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

Bog standard Carter template. I always wonder how the heck they can say what the original creditor's policy would have been at the date of the contract when his clients issue claims for accounts from so many creditors and so many different credit products. :noidea:

Our client intendes to proceed with the claim and we have informed you under seperate cover in this regard. The court will now contact all parties with notice of allocation. Notice of hearing and any other directions.

What next?

You will have to wait till you get a directions questionnaire from the court, which you'll have to fill in and return. Nothing much to do till then. :ranger:

[AHG]

Re: Bryan Carter

Hello again,

The court sent me a letter a month ago saying that if they have no response from BC within 28 days the case would be stayed, it has now been a month (30 days) i just checked on line and BC have not responded. Is this now Stayed?
If so what does it mean?