Bryan Carter Solicitors, CCJ paperwork!

[m2000]

Hi VJohn82,

 

Thanks for your very quick reply.

 

Right, you have made it much clearer and makes perfect sense.

 

I will be submitting the defence via the moneyclaim online website, so I think this will provide the template, i,.e. I jsut fill in the boxes where asked?

 

Once again, many thanks

[vjohn82]

Exactly... much easier. You want select your local court to be heard in. I've not used MCOL before and not sure if it has a option to do this? Besides... you can select your local court at the Allocation Questionnaire stage.

 

All the best.

[DonkeyB]

It should be automatically transferred to m2000's local court.

[ScabHunter]

I was all set to help out with this defence when I got home today, but I see that the excellent vjohn82 has already supplied what will be a satisfactory and complete defence in itself.

 

I will just make a couple of suggestions, which you are free to take or leave as you see fit.

 

Firstly, I would split the paragraph containing the reference to CPR 31.14 and CPR 18, because non-compliance with each has different potential consequences. CPR 18, the wider-reaching rule, is at the discretion of the court, whereas CPR 31.14 is defined as an absolute right under the CPR (see CPR 31.15).

 

I would put something like this -

 

4. On xx/xx/2009 the Defendant made a request to the Claimant for the necessary documentation to support the Particulars of Claim, pursuant to Part 31.14 of the Civil Procedure Rules. The Defendant notes that Part 31.15© of the Civil Procedure Rules states that a party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request. This legitimate request has been ignored.

 

5. Also on xx/xx/2009, the Defendant made a request to the Claimant for further necessary documentation pursuant to Part 18 of the Civil Procedure Rules. This legitimate request has also been ignored.

 

6. The Claimant's failure to comply with the Civil Procedure Rules Parts 31.14 and 18 leaves the Defendant at a disadvantage and unable to plead effectively or at all. The Defendant is embarrassed in pleading to the Claim as it stands.

 

Secondly, you seem to be saying that the account number quoted in the Particulars of Claim is not one you even recognise. If that is true, then I would deny ever having such an account number, instead of just denying that you owe £282.64.

 

So, before the paragraph numbered 5 in post #22, I would add another paragraph -

5. The Defendant denies ever holding any account with the number xxxxxx, and puts the Claimant to strict proof of this.

 

SH

[vjohn82]

Those are good points and I would go along with them; especially the part about the account number. I would leave in the part about the value of the debt aswell... so summing up you want to say you do not recognise the account number and you do not recognise the value of the debt.

 

The reason for this is because you are putting them to proof of how the balance was made up (i.e. unlawful charges, non-contractual interest etc).

 

Great points Scab

[ScabHunter]

Those are good points and I would go along with them; especially the part about the account number. I would leave in the part about the value of the debt aswell... so summing up you want to say you do not recognise the account number and you do not recognise the value of the debt.

 

The reason for this is because you are putting them to proof of how the balance was made up (i.e. unlawful charges, non-contractual interest etc).

 

Great points Scab

 

Sorry, yes, just in case there is any confusion - I would add the paragraph I have numbered as 5 before the one numbered 5 in the original defence, and definitely not instead of it.

 

I would leave in the part about the value of the debt aswell...

 

Totally agree.

 

SH

[lilly white]

well a part from telling them to ...... off nothing more to be said.

 

 

well done all

 

lilly

[m2000]

Hi All,

 

Many, many thanks to all of you who have helped I really wouldn't have known where to start with writing my defence.

 

I really appreciate it and will make a donation to the site when I get paid.

 

 

I will let you all know what happens!

 

Thanks again

m2000

[Chez63]

Hi regarding Bryan Carter Solicitors, I had an outstanding debt after being made redundant in 2006. It was for a car loan with Cooperative Bank for £3.000 and I only had £640.00 left to pay. This went through county court who ordered I pay £210.00 through a bayliff,this only has £30.00 remaining to pay this month.

Suddenly yesterday I got a letter from Bryan Carter saying they wanted me to pay the remaining £430.00 or they will be instructing bayliffs and taking back to court!!

Surely you can not go to court twice for the same debt? Or that's what I would have thought. Out of panic I did call their office and a snooty woman informed me that they only took me to court last time for part of the debt. I asked for a copy of the previous court referal letter as I never saw the original as it went to my old address. She advised they would not have copies after all these years.

Can anyone advise me on this as I don't understand and a bit confused.

Thanks

[F_DCAs]

Chez63 - Carter's notorious for splitting claims. This is an abuse of process. See some of the other Carter threads which will give you all the background info you need.

[ScabHunter]

Chez63,

 

Hi and welcome to the CAG. You will get the help you need on this forum, but please start your own thread as this one needs to be kept clear for the needs of the original poster, who is the subject of court action.

 

SH

[vjohn82]

Surely you can not go to court twice for the same debt? Or that's what I would have thought. Out of panic I did call their office and a snooty woman informed me that they only took me to court last time for part of the debt. I asked for a copy of the previous court referal letter as I never saw the original as it went to my old address. She advised they would not have copies after all these years.

Can anyone advise me on this as I don't understand and a bit confused.

Thanks

 

Ok.... you need to start your own thread on this. County Court Act 1984 is quite clear that claims can not be split... they either go for the whole lot or nothing at all.

 

I would say you have a claim against them for the entire amount you have paid if I am being honest.

 

Get a thread up quick

[DonkeyB]

Shame you didn't record the call - it's proof that they are FULLY AWARE they are deliberately splitting claims and are threatening you with further court action - which is illegal in this case. I feel Carter's house coming crashing down soon - I think we need to do a 'sting' with a Cagger they're chasing, record the call and get the sound file off the the OFT, TS and the SRA. Are you up for that chez63?

[vjohn82]

My wife has this exact same issue DB... will see what I can do on this score

[maroondevo52]

Thread moved to Legal Issues.

[m2000]

Hi All,

 

Recieved Allocation Questionaire today. Do I just fill this in and send back? Do i need to add anything? defence already submitted and don't think there is anything else to add... other than BC still not providing paperwork requested under CPR - shall i mention that??

 

Thanks

[ScabHunter]

Yes, DEFINITELY include Carter's non-compliance.

 

Have a read of this thread by pt2537 which covers this situation -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

and then this one, which is a live case featuring Carter where he bottled out at the AQ stage. Your AQ will not be identical, but it will be similar, and this thread will show you how to complete it.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/170673-bryan-carter-ccj-can.html

 

Any questions, just shout.

 

SH

[m2000]

Hi SH,

 

Thanks for your reply.

 

What does the fact that I have recieved an AQ mean?

 

I have obviously already sent in a defence, had a letter confirming receipt of the defence by the court.

 

Is receipt of the AQ automatic, or does it mean that BC intend to carry on the CCJ process?

[ScabHunter]

What does the fact that I have recieved an AQ mean?

 

It is simply routine. The court needs to allocate the case to a track, so it sends out a questionnaire to both parties.

 

Is receipt of the AQ automatic, or does it mean that BC intend to carry on the CCJ process?

 

The receipt of the AQ is automatic. There will only be a sign that Carter intends to continue the case if and when he submits his AQ and pays the fee (the claimant has to pay a fee to continue, you, as the defendant, don't).

 

SH

[lilly white]

just looking will help when i can.

[m2000]

Thank you both

 

So obviously the hope is that BC do not submit an AQ, but I still need to submit mine in any case.

 

If BC do submit an AQ, do I get notification?

 

Thanks again

[vjohn82]

Thank you both

 

So obviously the hope is that BC do not submit an AQ, but I still need to submit mine in any case.

 

If BC do submit an AQ, do I get notification?

 

Thanks again

 

You will be sent, or rather they should send, a copy of their AQ. I suspect they will attempt a Summary Judgement application at the same time which means you may receive a WS from them. You have the right of reply.

 

That said, keep it simple for now; fill in the AQ as per the advice from pt's thread

[lilly white]

DO WE HAVE ANY DOCS ANYTHING BACK YET, there must be somthing,

[m2000]

No docs yet

[lilly white]

what nothing, complete nothing, good god.

 

 

 

 

It is denied that the Defendant has or ever has had liability to pay - whomever that may be - any sum whatsoever.

 

 

 

 

 

ok

 

Lilly

Edited January 15, 2010 by lilly white