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Bryan Carter intention to proceed??

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  • Bryan Carter intention to proceed??

    ok so ive already sent off asking for the paperwork and have twice been told they arent sending it... i filed my defence on 5th november and heard nothing until yesterday which ive received a letter dated 7/12/2015
    from Bryan carter saying....
    We are writing to formally confirm our clients intention to proceed with this matter.
    we will send a notification to the court shortly but before we do so our client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses, and if necessary to mediate.. the court encourages this type of negotiation between the parties.
    please contact our helpful team on.... to discuss how we can come to an arrangement by consent...
    WHAT DO I DO PLEASE???
    ALSO ive just signed onto the money claim site and it says DQ sent to you on 09/12/2015 what does that mean please??

    thankyou for any help.
    Tags: None

  • #2
    Re: Bryan Carter intention to proceed??

    Originally posted by alshaz1982 View Post
    ok so ive already sent off asking for the paperwork and have twice been told they arent sending it... i filed my defence on 5th november and heard nothing until yesterday which ive received a letter dated 7/12/2015
    from Bryan carter saying....
    We are writing to formally confirm our clients intention to proceed with this matter.
    we will send a notification to the court shortly but before we do so our client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses, and if necessary to mediate.. the court encourages this type of negotiation between the parties.
    please contact our helpful team on.... to discuss how we can come to an arrangement by consent...
    WHAT DO I DO PLEASE???
    ALSO ive just signed onto the money claim site and it says DQ sent to you on 09/12/2015 what does that mean please??

    thankyou for any help.
    Good morning,

    A standard Carter template!
    Confirm please.
    1. CCA sent to claimant? No response yet?

    2. CPR 31.14 sent to Carter?

    DQ = Directions Questionnaire.

    Comment


    • #3
      Re: Bryan Carter intention to proceed??

      hiya yep sent those requests and got the standard response basically saying refer to my own notes....

      Comment


      • #4
        Re: Bryan Carter intention to proceed??

        Originally posted by alshaz1982 View Post
        hiya yep sent those requests and got the standard response basically saying refer to my own notes....
        Ok, the debt is rendered unenforceable until the agreement is produced, so don't chase the CCA request.
        Chase up the CPR 31.14 request, it applies until the claim is allocated to a track ( the DQ is about that).

        nem

        Comment


        • #5
          Re: Bryan Carter intention to proceed??

          ive already asked them twice for that and they aint giving it..... got the notice of proposed allocation to the small claims track on saturday.... what do i do??? does this mean they are 100% going to go ahead with it??? :/ im so scared.
          do i tick i agree with it going to small claims?? and about witnesses etc???

          Comment


          • #6
            Re: Bryan Carter intention to proceed??

            Originally posted by alshaz1982 View Post
            ive already asked them twice for that and they aint giving it..... got the notice of proposed allocation to the small claims track on saturday.... what do i do??? does this mean they are 100% going to go ahead with it??? :/ im so scared.
            do i tick i agree with it going to small claims?? and about witnesses etc???
            Good morning.
            No CCA renders the debt unenforceable until the agreement is found.

            Small Claims Allocations Questionnaire:
            1. Tick yes for the track.
            2. No witnesses.
            3.Yes to mediation.
            4. No to contesting jurisdiction.

            Please try not ( hard I know) to get stressed over all this, the number of cases involving
            Carter that never get to court is very high.
            The possibility that there is no agreement is high I think.
            Any developments just post here and we will guide you through everything.

            nem

            Comment


            • #7
              Re: Bryan Carter intention to proceed??

              sorry what do i write in the section on front it says "address for service" ???? and it asks for which county court hearing centre i would prefer the hearing to take place at.. i dont have a clue :/

              Comment


              • #8
                Re: Bryan Carter intention to proceed??

                Originally posted by alshaz1982 View Post
                sorry what do i write in the section on front it says "address for service" ???? and it asks for which county court hearing centre i would prefer the hearing to take place at.. i dont have a clue :/
                1. Your home address.

                2.Your nearest County Court to your home address. You can find this online.

                nem

                Comment


                • #9
                  Re: Bryan Carter intention to proceed??

                  OK SO HAVE RECEIVED THIS EMAIL TODAY.... do i speak to them or not?? still havent been sent any paperwork to prove i owe the debt or anything???

                  The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.


                  Appointment Time & Date

                  A one hour telephone mediation appointment has been provisionally booked for between 08:00 and 13:00 on 28/01/16. Mediation appointments are limited and can only be re-arranged under exceptional circumstances.

                  If you want a 3rd party to mediate on your behalf, please contact the Mediation Team in order to authorise their involvement and forward this email to them.

                  You will be telephoned within 8 days of this email and asked if you can agree to the terms set out below. Please note that the Mediation Team will call from a withheld number. Once ALL parties have been spoken to, you will receive an email confirming the start time of your appointment. If we are unable to contact you by phone, your appointment will be cancelled and your case will be transferred to a local court for a hearing. (If you want to be contacted on a different number to the one you stated on your Directions Questionnaire, please contact the Mediation Team to provide the relevant number)

                  Comment


                  • #10
                    Re: Bryan Carter intention to proceed??

                    Originally posted by alshaz1982 View Post
                    OK SO HAVE RECEIVED THIS EMAIL TODAY.... do i speak to them or not?? still havent been sent any paperwork to prove i owe the debt or anything???

                    The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.


                    Appointment Time & Date

                    A one hour telephone mediation appointment has been provisionally booked for between 08:00 and 13:00 on 28/01/16. Mediation appointments are limited and can only be re-arranged under exceptional circumstances.

                    If you want a 3rd party to mediate on your behalf, please contact the Mediation Team in order to authorise their involvement and forward this email to them.

                    You will be telephoned within 8 days of this email and asked if you can agree to the terms set out below. Please note that the Mediation Team will call from a withheld number. Once ALL parties have been spoken to, you will receive an email confirming the start time of your appointment. If we are unable to contact you by phone, your appointment will be cancelled and your case will be transferred to a local court for a hearing. (If you want to be contacted on a different number to the one you stated on your Directions Questionnaire, please contact the Mediation Team to provide the relevant number)
                    If the claimant/solicitors have not provided the agreement by 28/01/16 the mediator will decline to continue the claim is then returned to your local court for directions.

                    At present there is nothing you can do, if the docs have not been produced 7 days prior to the mediation date advise the Mediation Service.


                    nem

                    Comment


                    • #11
                      Re: Bryan Carter intention to proceed??

                      ok so i had a call from them today to see if i can confirm ill be available for the phone appointment, i said yes... they asked if i had enough info to do the mediation on phone to which i said no cos they hadnt sent me the documents i had asked for... so she said she cant carry on with it then and she was going to forward it back to the local court?????

                      Comment


                      • #12
                        Re: Bryan Carter intention to proceed??

                        no mediation due to failure to supply the required documents to you, therefore they cannot continue, so refers back to the court the fact of non compliance by claimants.

                        Comment


                        • #13
                          Re: Bryan Carter intention to proceed??

                          Originally posted by alshaz1982 View Post
                          ok so i had a call from them today to see if i can confirm ill be available for the phone appointment, i said yes... they asked if i had enough info to do the mediation on phone to which i said no cos they hadnt sent me the documents i had asked for... so she said she cant carry on with it then and she was going to forward it back to the local court?????

                          Mediation would be totally unfair if the claimant had all the relevant documentation and you didn't.

                          Your local court will be in touch with directions which you must adhere to.

                          nem

                          Comment


                          • #14
                            Re: Bryan Carter intention to proceed??

                            LATEST.... so court wrote basically saying its been thrown from court at BC didnt supply their info in time... That waz in feb and i hadnt heard anything since, but today i get a letter from "Lowell Solicitors"
                            NOTICE OF CHANGE OF ACTING SOLICITORS Lowell Portfolio i ltd vs me with the claim number on...
                            Please note with immediate effect we have been instructed to act for the Claimant Lowell portfolio in respect of this matter in place of Bryan Carter..
                            You dont need to do anything. We have been provided with the file and our instructions are to deal with your defence..
                            If you do not have someone representing you and wish to discuss this matter with one of our team you can do so by calling 01133353343
                            If you are represented please pass this letter on to them as soon as possible.
                            Yours sincerely
                            lowell solicitors

                            WHATS THIS MEAN THEN PLEASE???

                            Comment


                            • #15
                              Re: Bryan Carter intention to proceed??

                              Originally posted by alshaz1982 View Post
                              LATEST.... so court wrote basically saying its been thrown from court at BC didnt supply their info in time... That waz in feb and i hadnt heard anything since, but today i get a letter from "Lowell Solicitors"
                              NOTICE OF CHANGE OF ACTING SOLICITORS Lowell Portfolio i ltd vs me with the claim number on...
                              Please note with immediate effect we have been instructed to act for the Claimant Lowell portfolio in respect of this matter in place of Bryan Carter..
                              You dont need to do anything. We have been provided with the file and our instructions are to deal with your defence..
                              If you do not have someone representing you and wish to discuss this matter with one of our team you can do so by calling 01133353343
                              If you are represented please pass this letter on to them as soon as possible.
                              Yours sincerely
                              lowell solicitors

                              WHATS THIS MEAN THEN PLEASE???
                              I think it means Lowell solicitors are as incompetent as Carter.

                              Check with the court on the status of the claim asap, please tag me [MENTION=55034]nemesis45[/MENTION] when you know what the court status on this is.

                              There's been a few complete lash ups since Lowell dropped Carter and the in house clowns took over the circus.

                              nem

                              Comment

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