Help needed - Bryan Carter LLP and Lowell finance

[FlamingParrot]

Re: Help needed - Bryan Carter LLP and Lowell finance

Thank you all, I will complete this all and send recorded delivery tomorrow and update you on the responses I get.. So if it does go to court and the court say I do need to pay for whatever reason if they can provide appropriate evidence... Would I automatically get a ccj or can a payment plan be put in place?!?
Thanks as always
V

Once your defence is submitted, the court will send both sides directions questionnaires and notice of proposed allocation. Following that, the court will also give directions which will include the requirement to disclose the documents they intend to rely on for their claim. If it gets that far, and it looks like they have a good prospect of winning, you can always agree to settle via a Tomlin order, which has the effect of staying proceedings as long as you keep to the terms of the order. This would have the effect of avoiding a CCJ on record. :thumb:

[Victoria1412]

Re: Help needed - Bryan Carter LLP and Lowell finance

All letters sent off yesterday... Will let you all know if I get a response..
Thanks as always.. Fingers crossed they it all works out!!
Thanks
V

[Victoria1412]

Re: Help needed - Bryan Carter LLP and Lowell finance

Morning all,
So,
Recieved a reply from Bryan Carter saying this matter will properly be allocated to a small claims track so part 31 of the civil procedure rules will therefore not apply. In any event the notices of default and assignment left the control of the claimant when they were dispatched to me. Telling me to refer to my own copies of paperwork and the client does not agree to an extension for filing a defence.

So, with this response, do I submitted defence on lack of paperwork?!?

Thanks
As
Always
V x

[FlamingParrot]

Re: Help needed - Bryan Carter LLP and Lowell finance

Morning all,
So,
Recieved a reply from Bryan Carter saying this matter will properly be allocated to a small claims track so part 31 of the civil procedure rules will therefore not apply. In any event the notices of default and assignment left the control of the claimant when they were dispatched to me. Telling me to refer to my own copies of paperwork and the client does not agree to an extension for filing a defence.

So, with this response, do I submitted defence on lack of paperwork?!?

That's Mr Carter's standard template response. This is our standard response: http://www.legalbeagles.info/forums/...385#post410385

We all know Mr Carter won't send you any paperwork but it's all part of the process to show you've taken all the steps. You can submit the generic defence based around lack of paperwork, however, reading above, you believe this debt to be SBd so that should definitely be mentioned if that's the case.

There is also a mention of sending a SAR, although you wouldn't get anything before your defence is due, it would still be useful for you to have that information and it will be a few months before this goes to trial if it gets that far so it may be worth considering. :thumb:

[Victoria1412]

Re: Help needed - Bryan Carter LLP and Lowell finance

Thank you flaming Parrot, should I send defence as no paperwork and in addition mention the sb'd in addition?? Or should it be that I believe it is sb'd and then have no paperwork to evidence the fact...??
Also I have today recieved the £10 back from Blackhorse with a letter stating as I dos not provide a signature they can not assist and I will have to send another request with my signature and a copy of passport or driving licence, before they will send anything?? Should I send this or will they use it against me?? Also to conform all my previous addresses as the one they have on the system is different to the one I suppied?!

Regards
V

[FlamingParrot]

Re: Help needed - Bryan Carter LLP and Lowell finance

Thank you flaming Parrot, should I send defence as no paperwork and in addition mention the sb'd in addition?? Or should it be that I believe it is sb'd and then have no paperwork to evidence the fact...??

Definitely mention both the fact that the debt is SBd AND that they have not sent you the paperwork you requested, not necessarily linking the two as the documents requested wouldn't really confirm the fact the debt is SBd, however, they are documents that should have been in their possession before issuing a claim. The idea is to have a back-up plan in case it turns out not to be SBd after all (it has happened! )

Also I have today recieved the £10 back from Blackhorse with a letter stating as I dos not provide a signature they can not assist and I will have to send another request with my signature and a copy of passport or driving licence, before they will send anything?? Should I send this or will they use it against me?? Also to conform all my previous addresses as the one they have on the system is different to the one I suppied?!

They can ask you to verify your identity and is not uncommon to ask for signatures. If you are concerned about your signature you can use the anti-tamper strip:

[nemesis45]

Re: Help needed - Bryan Carter LLP and Lowell finance

A SAR should always be signed, the data controller of the recipient
must ensure/be satisfied that personal data is being provided to
the correct data subject.
Yes all previous addresses need to be supplied, and any ID
requested as well.

nem

[Victoria1412]

Re: Help needed - Bryan Carter LLP and Lowell finance

Thanks as always guys, I have sent the reply to BC today and will also send PO back to Blackhorse as advised above ...
I need to submit my defence this Wednesday as I am going to be away before the deadline... Does anyone have any templates that cover the sb'd defence and lack of no paperwork I can look to combine??
Regards
V

[FlamingParrot]

Re: Help needed - Bryan Carter LLP and Lowell finance

Thanks as always guys, I have sent the reply to BC today and will also send PO back to Blackhorse as advised above ...
I need to submit my defence this Wednesday as I am going to be away before the deadline... Does anyone have any templates that cover the sb'd defence and lack of no paperwork I can look to combine??
Regards
V

Not exactly a template as it requires adapting, but an example defence used in a case that went in favour of the defendant: http://www.legalbeagles.info/forums/...011#post494011 :thumb:

[Victoria1412]

Re: Help needed - Bryan Carter LLP and Lowell finance

Fab, thanks FlamingParrot..😃

[Victoria1412]

Re: Help needed - Bryan Carter LLP and Lowell finance

Hi All, Hope you are all well.. I have today recieved 2 letters, 1 from BC to formally advise their clients position to proceed, but before they contact the court, their client is prepared to enter into negotiations and if necessary mediation.
And then I recieved a notice of proposed allocation to the small claims track and a directions questionnaire..
I need to complete this and serve copies on all other parties..

Should I just complete it, send a copy back to court and then a copy just to BC Or do I need to send copies to Lowell etc?

As BC has sent the letter saying they are open to negotiations.. Do u think this is because they have no evidence?!

Thanks in advance.

V x

[nemesis45]

Re: Help needed - Bryan Carter LLP and Lowell finance

Hi All, Hope you are all well.. I have today recieved 2 letters, 1 from BC to formally advise their clients position to proceed, but before they contact the court, their client is prepared to enter into negotiations and if necessary mediation.
And then I recieved a notice of proposed allocation to the small claims track and a directions questionnaire..
I need to complete this and serve copies on all other parties..

Should I just complete it, send a copy back to court and then a copy just to BC Or do I need to send copies to Lowell etc?

As BC has sent the letter saying they are open to negotiations.. Do u think this is because they have no evidence?!

Thanks in advance.

V x

Complete and return to the court.
It's best to agree to mediation the court will expect ( it's not compulsory) for the parties to have attempted to reach resolution of the claim saving cost and court time.

If the claimant has not provided requested documents in time for the mediation the mediator will pass the claim back to the court.

Your willingness and the claimants failure should this happen is in your favour.

nem

[Victoria1412]

Re: Help needed - Bryan Carter LLP and Lowell finance

Hi All.. Hope you are all well...
So today, I receive a notice of transfer of proceedings saying the mediation team has been unwilling to secure a mediation appointment at this time.. ( I have had no calls, voicemails, emails or letter) could this just mean no appointment agreed with BC?!)
Should I call the court to advise I have had not heart anything until this letter.
On the copy of the claimants directions questionnaire I have recieved it states they are happy to go to mediation, they agree small claims track is appropriate and put my local county court details in as the hearing centre.
The next boxes then say they will not use written evidence of an expert, and there will be 0 witnesses giving evidence.. What does this mean exactly?! Any ideas or experience??
No answer recieved back from black horse to my SAR sent in June.. Is there anyway I can check if they have cashed the £10 PO I sent with it?'!
As always any help and advise will be appreciated
Many thanks
V x

[nemesis45]

Re: Help needed - Bryan Carter LLP and Lowell finance

I guess the mediation team is aware that you have not received and documents from the claimant.
No need to inform the court about this, just stick to the court process.
The expert witness part is just a standard part of the form, no need for concern, just means what it says
no witnesses for the claimant will be in court.

The time scale for the SAR is 40 calendar days, if this has elapsed send a reminder to BH.


nem

[Victoria1412]

Re: Help needed - Bryan Carter LLP and Lowell finance

UPDATE!!
Thank you all for your help and assistance.. I was due to receive documents from Bryan Carter that they want to use in court against me by yesterday and recieved nothing.
I have called the court today and they advised that the case has been settled against me.. And was told to contact Bryan Carter to get this in writing... This was apparently done on 7th Jan so I should receive this any day... I don't want to get too excited... But this means it is over right?!

Thanks again I would not have the first idea of what to do without your help!! X