Bryan Carter - Letter of claim

[markw1981]

Hi All, I am new to this site but looks great.

I have received from Bryan Carter a letter of claim acting on behalf of Lowell/02, they are stating if I do not pay £502.66 by the 15th June they will issue a county court claim against me. How do I go about disputing the claim in full or at least question it please?

many thanks for your help in advance

[FlamingParrot]

Re: Bryan Carter - Letter of claim

Welcome aboard

Hi All, I am new to this site but looks great.

I have received from Bryan Carter a letter of claim acting on behalf of Lowell/02, they are stating if I do not pay £502.66 by the 15th June they will issue a county court claim against me. How do I go about disputing the claim in full or at least question it please?

many thanks for your help in advance

You need to reply to that letter or they will go ahead and issue a claim.

Dear Sirs

Ref: xxxx

Thank you for your letter dated xx/xxxx/2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”

Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:

1. The original O2 contract;
2. The Notice of Assignment;
3. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.

I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours faithfully,

[nemesis45]

Re: Bryan Carter - Letter of claim

Hi All, I am new to this site but looks great.

I have received from Bryan Carter a letter of claim acting on behalf of Lowell/02, they are stating if I do not pay £502.66 by the 15th June they will issue a county court claim against me. How do I go about disputing the claim in full or at least question it please?

many thanks for your help in advance

Can you please post up a suitably redacted copy of Carters letter please.

nem

[markw1981]

Re: Bryan Carter - Letter of claim

Dear Flaming Parrot thank you for your post, I will send this off now.

Dear nemesis45 I tried to upload the letter but for some reason will not. Will send the response provided by Flaming parrot and see what I get in return but thank you both.

[Kati]

Re: Bryan Carter - Letter of claim

I tried to upload the letter but for some reason will not.

you could email it to me and I'll post it up - kati@legalbeagles.info

[FlamingParrot]

Re: Bryan Carter - Letter of claim

Dear Flaming Parrot thank you for your post, I will send this off now.

Dear nemesis45 I tried to upload the letter but for some reason will not.

This may be of help: http://www.legalbeagles.info/forums/...r-details-safe!)

Will send the response provided by Flaming parrot and see what I get in return but thank you both.

:thumb: :thumb: :thumb:
Bryan Carter's letters all pretty much follow the same set of templates and the idea is that any letter of claim should be responded to with a request for information and documents they would rely on if they were to issue a claim.

The principle is to show you are complying with the pre-action conduct by responding to their letter within the timescales. By sending the letter above, you are putting the ball back in Mr Carter's court, before he issues a claim. He is well known for never supplying any documents and issuing claims on a speculative basis, hoping for default judgment (claim not responded to) or alternatively, an admission of the claim. Challenging him to produce the documents he would rely on if he issued a claim should make a nice diversion from his tried and tested routine.

In many cases, responding to letters of claim in the manner shown above has had the effect of staving off court action. ray:

The letter should be sent signed for (recorded delivery) so you can track it, in case Mr Carter somehow misplaces it and argues you never responded to his letter. :mmph:

[markw1981]

Re: Bryan Carter - Letter of claim

Thank you all again.

I have sent the letter via courier which will be there on deadline day to be signed for only.

Will keep you posted but seem MR Carter's office is full of junior's printing template letters off and hoping people ignore them.

[FlamingParrot]

Re: Bryan Carter - Letter of claim

Thank you all again.

I have sent the letter via courier which will be there on deadline day to be signed for only.

:clap2: :clap2: :clap2:

Will keep you posted but seem MR Carter's office is full of junior's printing template letters off and hoping people ignore them.

Yes, unfortunately the are all also busy issuing claims on MCOL and hoping people will ignore those too.