Bryan Carter Solicitors, CCJ paperwork!

[DonkeyB]

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

[DonkeyB]

Same old, same old Carter. It means he has nothing and is trying it on one last time.

 

He still has not complied with the CPR request and this is his last ditch attempt before he discontinues. Expect him to discontinue once the track has been set - to try to avoid costs.

 

You may want to write and tell him in no uncertain terms that you would be delighted to pay if he can provide the requested paperwork which proves there is a recoverable and enforceable debt.

 

Tell him also you will be seeking costs if he discontinues after a track is set, as you believe he is abusing the judicial process by not responding to a legitimate request for information in support of the claim.

 

If the judge issues your draft orders, all well and good, but he probably can't comply anyway.

 

Consent orders my *rse.

[DonkeyB]

Although I think item 6 was unnecessary - CPR18 and 31 DID apply until a track was assigned - it is a moot point as the directions state that the claimant must provide copies of documents to be relied on. However, unfortunately there is no reference to bringing the originals to the hearing, which is a bit of a bummer. Nor does it give you an opportunity to respond to the content of those documents.

 

However, knowing Carter as we do, the likelihood is still a discontinuance.

 

So they have until 10 March to provide the documents... roll on!

[DonkeyB]

Yes, the court has ordered Carter to send you any documents he wishes to rely on in court. So if he comes up with nothing, his claim will fail. If he has nothing - as we suspect - his claim will fail, though he would probably discontinue first. The irritation is, now that a track has been assigned, he can discontinue with impunity as costs won't be available.

 

If he fails to comply with the court order he will be relying on a very vague set of PoCs and any witness statement he may construct. Without documents to back any statements, he will be fecked. But bear in mind he may simply submit a WS saying you owe the money, and hopes you fail to file your own WS.

 

However, there's not a lot we can do for you other than an embarrassed defence/WS. You have no information to go on, so you will have to request in your WS that you be allowed to respond further to the WS/documents provided by Carter, if any.

 

It is a strange order from the court. I still find point 6 a bit odd. Any judge should know that CPR applies up until the allocation of track, so a mistake has been made. Looks like the judge has fallen for something in Carter's AQ.

[DonkeyB]

Can we step back a bit... what did Carter put in his AQ? Did he request any directions?

 

Re-reading the thread, I'm now amazed at the judge's order.

 

Did you say you would look at mediation? Or did Carter?

 

And have you had any response at all to the CCA request? If not, this will now need to be added to your WS, and you should be writing to Carter to put the alleged account into dispute. Although it sounds like a catalogue account (Arrow speciality), there is absolutely no indication so far of what the alleged debt is about.

[DonkeyB]

Get the CCA request in quick then. Recorded.

 

Yes, they're off the hook a little otherwise...

 

You have the upper hand in that you offered mediation. They are on a sticky wicket. A bit Bangladesh, you might say.

 

(That will come back to haunt me in the next one-dayer, I bet...)

[DonkeyB]

He has 12+2 days to respond, so there isn't time - but you can state that the request has gone in and ask that you can amend your defence as necessary on receipt of the documents (or non-receipt, which is much more likely).

 

I think you should also point out in your WS that the claimant should have complied with CPR as it was appropriate up until the point at which a track was assigned, and that you have been disadvantaged by the claimant's failure to respond to such a CRP reqeust.

 

In other words, politely tell the judge he was wrong.

[DonkeyB]

CCA to Carter.

 

I'm not the best at a WS, but there are plenty who are. I'm better at spotting the minutiae! There's loads of excellent examples all over the forum, so don't worry - we'll get you one done in good time.

[DonkeyB]

The only likelihood of a CCA not being relevant is if it's a phone contract or a current account.

 

If it's a credit card or catalogue account, a CCA request is appropriate. As it's Arrow, it's most likely a catalogue account.

 

Without looking back over the thread, I'm not sure if a 'prove it' letter isn't more appropriate if we can't go down the CPR route. But we're out of time anyway. A CCA request is only £1 and he can't ignore it.

 

(Well, he can and probably will. But the fact you have made a request will be in your WS.)

[DonkeyB]

Good news!

[DonkeyB]

Carry on until you receive a notice of discontinuation. Call the court Monday to see if they have been informed - but yes, until Carter does it by the book, continue as if nowt has happened and prepare for court. Like you, he must follow the correct procedures. NOTE THAT HE HASN'T ACTUALLY DISCONTINUED - MERELY HE IS NO LONGER INVOLVED. THE CLAIM IS STILL LIVE WITH ARROW.

 

Now, re costs. A track has been allocated. It is my theory that Carter waited to discontinue until after the track was set, to avoid costs. I believe you should still go after costs as he has clearly wasted the court's, and your time, having been given ample notice to provide documents he wished to rely on in court. Think I mentioned this earlier in the thread.

 

Will need some legal brain on the chances of doing this, we we did predict it - and I'm sure pt2537 has a little gem regarding this kind of situation somewhere. Will have a look for it.

 

And time to complain to the SRA and OFT.

[DonkeyB]

To quote pt2537, in small claims "CPR 27 prevents costs unless there is unreasonable conduct by a party".

 

I think there's unreasonable conduct... but would it stand up?