lowell/bryan carter court claim

[Helprequired1]

Re: lowell/bryan carter court claim

Thanks for your reply flaming parrot... i can confirm it's not been allocated to the small claims track yet as I've not heard from the court.. i sent a reply to bc stating that I disagree as it has not yet been allocated to a certain track and I received a letter bk from them today saying... We refer you to our previous letter and reiterate it's contents. We confirm the claim form was issued by the county court business centre and that court's protocol was followed when issuing the claimants particulars of claim. Practice direction 7c point 1.4 (3a) eliminates he requirement to attach the documents to the particulars of claim when they are issued by this court.. We confirm this matter will most properly be allocated to the small claims track as it's a simple contractual matter and part 31 of the civil procedure rules will therefor not apply. In any event the notices of default and assignment left the control of the claimant when they were dispatched to you. It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and in this regard we ask you to refer to your own records.

Any advice on what to do next?

[skilganon]

Re: lowell/bryan carter court claim

typical carter generic templated response:mad2:

you could always reply to carters, stating that this has not yet been allocated to any track and that they should not be avoiding their cpr duties then....

submit a part 18 request for further information asking for the same documentation as in your cpr request, all becomes part of your statement of case and shows the court that you are following cpr rules in trying to obtain documents upon which they rely therefore furthering the overriding objective and trying to save the courts time

[FlamingParrot]

Re: lowell/bryan carter court claim

Thanks for your reply flaming parrot... i can confirm it's not been allocated to the small claims track yet as I've not heard from the court.. i sent a reply to bc stating that I disagree as it has not yet been allocated to a certain track and I received a letter bk from them today saying... We refer you to our previous letter and reiterate it's contents. We confirm the claim form was issued by the county court business centre and that court's protocol was followed when issuing the claimants particulars of claim. Practice direction 7c point 1.4 (3a) eliminates he requirement to attach the documents to the particulars of claim when they are issued by this court.. We confirm this matter will most properly be allocated to the small claims track as it's a simple contractual matter and part 31 of the civil procedure rules will therefor not apply. In any event the notices of default and assignment left the control of the claimant when they were dispatched to you. It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and in this regard we ask you to refer to your own records.

Any advice on what to do next?

Once a defence is filed, the claimant has 28 days to respond to the court and say whether they wish to continue with the claim. If they do, it will be allocated based on the value of the claim, if below £10k it will go to small claims. There are very few exceptions to that rule but I don't think they'd apply here. You have already filed a defence based around them not supplying you with the documents so there is no need to respond to that letter. :ranger:

typical carter generic templated response:mad2:

you could always reply to carters, stating that this has not yet been allocated to any track and that they should not be avoiding their cpr duties then....

From what the OP says above, it sounds like they've already done that. :ohwell:

submit a part 18 request for further information asking for the same documentation as in your cpr request, all becomes part of your statement of case and shows the court that you are following cpr rules in trying to obtain documents upon which they rely therefore furthering the overriding objective and trying to save the courts time

The problem with that is that Part 18 doesn't apply to small claims either so they could just come up with the same argument and allocation can't be far away at this stage.

[Helprequired1]

Re: lowell/bryan carter court claim

Thanks for the replies.. yes flaming parrot I had already done the cpr and then disagreed with them and then had the response above from them.. I've checked money claim and my defence was received on the 16th July and I haven't heard anything else from he courts so far.. so do I just leave it now and see if anything comes of it?

[FlamingParrot]

Re: lowell/bryan carter court claim

Thanks for the replies.. yes flaming parrot I had already done the cpr and then disagreed with them and then had the response above from them.. I've checked money claim and my defence was received on the 16th July and I haven't heard anything else from he courts so far.. so do I just leave it now and see if anything comes of it?

For now, yes, just relax and enjoy what's left of the summer. :ranger:

They have 28 days to respond after receiving your defence to say whether they wish to proceed with the claim, if they fail to respond the claim will be stayed but you won't be informed of the fact.

If they decide to proceed, you will hear from the court, when they send you the N180 small claims directions questionnaire. You may also hear from the lovely Mr Carter who recently has taken to sending letters with offers of settlement to see who bites. :nono: :nono:

[nemesis45]

Re: lowell/bryan carter court claim

Thanks for the replies.. yes flaming parrot I had already done the cpr and then disagreed with them and then had the response above from them.. I've checked money claim and my defence was received on the 16th July and I haven't heard anything else from he courts so far.. so do I just leave it now and see if anything comes of it?

No conformation that your defence has been passed to the claimant?

nem

[Helprequired1]

Re: lowell/bryan carter court claim

Hi nemesis.. i do know my defence has been served on the claimants solicitor however I'm not aware if lowell (claimant) have confirmation of it too

[Helprequired1]

Re: lowell/bryan carter court claim

Ok so friday I received the settlement/mediation letter from carter stating the wish to proceed but beforw they do theyre offereing me settlement/mediatuon.and this morning I received the directions letter from the court.. what would be my next step? Bearing in mind my defence was based on them not providing me with evidence of the alleged debt.. also done the cpr request and they still haven't provided me with such proof.. do I agree to mediation and explain they've not provided me with any documents, take it to court or do I apply to the court for the claim to be stayed/struck out?.. Thank in advance I appreciate all your help

[nemesis45]

Re: lowell/bryan carter court claim

Ok so friday I received the settlement/mediation letter from carter stating the wish to proceed but beforw they do theyre offereing me settlement/mediatuon.and this morning I received the directions letter from the court.. what would be my next step? Bearing in mind my defence was based on them not providing me with evidence of the alleged debt.. also done the cpr request and they still haven't provided me with such proof.. do I agree to mediation and explain they've not provided me with any documents, take it to court or do I apply to the court for the claim to be stayed/struck out?.. Thank in advance I appreciate all your help

Yes agree to mediation at this point. I the documents have not been provided by the date of a mediation appointment it will not go ahead, but you will have shown willingness to negotiate.
The documents to support the claim must be disclosed at least 14 days prior to a hearing,
nem

[FlamingParrot]

Re: lowell/bryan carter court claim

Ok so friday I received the settlement/mediation letter from carter stating the wish to proceed but beforw they do theyre offereing me settlement/mediatuon

If this is a letter from Carter inviting you to make an offer, it's just his latest attempt at extracting money from people when he knows his clients may not be able to find any paperwork to back up their claim and he's just trying to see if someone bites. :nono:

This letter has nothing to do with the small claims mediation service.

and this morning I received the directions letter from the court.. what would be my next step? Bearing in mind my defence was based on them not providing me with evidence of the alleged debt.. also done the cpr request and they still haven't provided me with such proof.. do I agree to mediation and explain they've not provided me with any documents,

Did you receive an N180 questionnaire? If so, then yes, it's a good idea to tick the mediation box. When the time comes, if they've not provided you with anything then it will be agreed that mediation cannot take place in the absence of documents but do tick the box for now.

On the questionnaire you have to provide details of your local court and any dates you won't be available. There's no need to object to small claims allocation, no need for experts or interpretors and only one witness (yourself). :thumb:

take it to court or do I apply to the court for the claim to be stayed/struck out?.. Thank in advance I appreciate all your help

For now you have to return the questionnaire as requested. If they hadn't replied to your defence the claim would have been stayed and that's when some people have applied to have them struck out to avoid leaving them in limbo, however, in this case they have decided to proceed so the above doesn't apply.

To clarify, agree to mediation on the N180 directions questionnaire by ticking the box but do not respond to Carter's letter. :nono:

[Helprequired1]

Re: lowell/bryan carter court claim

Ok thanks guys. Really appreciate all your help 😊

[philvasili]

Re: lowell/bryan carter court claim

Hello. Don't panic! Bryan Carter Solicitors are renowned for using bullying tactics in chasing 'debts' that aren't real. I've just defeated them in claim they brought against me from a non-existent debt I was supposed to owe O2. Even before we went into court they asked if we could call it off - I had counterclaimed - and both agree to walk away. I refused so we went into court. As soon as we sat down the judge told the legal agent BCS had sent along - they didn't have the balls to turn up themselves - that he effectively had no case because not one original document in support of their claim that I owed O2 around 400 was supplied to the court. She eventually threw out their case. I would suggest that anyone in similar circumstances who has BCS chasing them for money fight it and ask them to prove their claim with original documents. In most cases I've heard about - and including my own - they have nothing to back their bullying other than a knowledge of how to manipulate the law to scare people. I am deliberating as to whether to take out a private case against them because they supplied a doctored exhibit to their witness statement i.e. they lied to the court about the veracity of a document with the intention and objective of getting money from me. Fight them and don't be scared!