Rockhag Vs Bryan Carter & Co Solicitors.**WON THEY GAVE UP

[rockhag]

19 days after Bryan Carter got my letter and I still haven't heard anything from them or the court but I know they received my application form and the cheque for £75 that I sent off to get the court case set aside has came out of my bank account and I sent the form via special delivery also.

Do I continue to twiddle my thumbs does anyone know???

[rockhag]

Hello gang.

Certain things have happened recently since my last post.

* I still haven't recieved any form of reply to my original letter asking for a copy of the CCA. They definitley recieved it as I have a signed proof of postage from the royal mail web site.

* I paid the £75 fee to apply to have the warrant set aside. I have to go to court on the 14th March for a hearing.

* The letter I recieved from the court shows the claimant as a "Cyclone Asset Management Limit" and not Bryan Carter. When I asked about this at my local court they assummed that they were either acting on behalf of Bryan Carter or vice versa.

* Help someone please???? Do I write to Bryan Carter again asking where the information was that I requested back in December or what? I did notify the Solicitors board as well before anyone tells me too and I got a letter back from them stating that Bryan Carter are kosher.

[rockhag]

Unless theres a procedure to follow in these cases (I've looked but can't find any), then I will be sending this letter to Bryan Carter tomorrow.

6 February 2008

Dear Sir/Madam

Re: Reference Number - ************
Account Number - ********

Further to the previous letter that I sent you 7 December 2007, which you signed for on 10 December (see enclosed – I have the proof of postage that shows that this was received and signed for on 10 December 2007) I have still received no reply from yourself.

As you can see I have now been waiting for this information from yourself for well over the allocated 12 working days and in whole I am very dissatisfied with the lack of response I have received from you and so wish to make a complaint. I therefore request a copy of your complaints procedure. If this request for information is also ignored I will then be forced to make a complaint to the Financial Services Ombudsman.

I would also like to remind you that if there is no true copy of the alleged agreement to which you refer to in your original letter then under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement. If this is the case I am also due a refund of the fees that I made payable to yourself for you to provide such documentation.

I will require this information within the next TEN days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter and I await your rapid response.

Yours Faithfully


Miss Rockhag

[rockhag]

I'm also going to take all of the information I have to my local trading standards office and even see if I can obtain legal representation as I have to go to court to see if I can get the case set aside next month.

[rockhag]

Sorry to be a pain but could someone check over my previous posts? I know this is a busy forum but I am pretty desperate here.

[Newborn]

Hi Rockhag,

I can't help but I hope I can re-bump this for you to attract some attention.

Newborn

[rockhag]

Originally Posted by Newborn

Hi Rockhag,

I can't help but I hope I can re-bump this for you to attract some attention.

Newborn

Thankou. Thats very kind.

[rockhag]

Anyone?

[rockhag]

I don't even know why I update this thread anymore.


Today I sent a letter to bryan carter with a copy of the initial letter, the postal order and the recorded delivery confirmation details enclosed via recorded delivery.

I also photocopied all of the bumpf in my file for this and submitted it to the court ready for my hearing to have the case set aside on the 14th.

[pt2537]

HI Rockhag

If you dont get a reply to your thread after a day or so in normal circumstances then please feel free to pm me or one of the other site team members who frequent the debt forums to look in

im afraid i am just getting myself ready to go to a law lecture, however, if you havent had a response by the time i get back then i will have a read through the thread and post a reply.

dont worry, you are not alone, the problem is that with so many threads in a forum this size, the odd post does get over looked

so if this happens again, dont feel all defeated, PM one of the team and we will give you a helping hand


Kind Regards
paul

[rockhag]

Thanks Paul.

[elsinore]

Hi rockhag.

If you haven’t already done so, you should ask the court for a copy of the N1 claim form filed by "Cyclone Asset Management Limit" to see what it says. The details and POC might well be incorrect and/or inadequate, which will give you more ammunition for your setaside application.

Els

[rockhag]

I sent the reminder latter off the other week and recieved a reply from Bryan Carter saying that they had put my case "on hold". I haven't heard anything from the courts however and I'm due to go there tomorrow so I'll be going there regardless. I hope this is over with soon.

[patrickq1]

just read your thread rock you seem to be managing this so far good on you DO GO dont let carter get away with this also you are self employed and you are now going to bill mr carter your normal hourly rate at 45 ,00 per hour works out you have spent over 30 hours...also take note of what elsinore has asked when you go to court tomoz good luck

patrickq1

[rockhag]

Originally Posted by patrickq1

just read your thread rock you seem to be managing this so far good on you DO GO dont let carter get away with this also you are self employed and you are now going to bill mr carter your normal hourly rate at 45 ,00 per hour works out you have spent over 30 hours...also take note of what elsinore has asked when you go to court tomoz good luck

patrickq1

Pardon my ignorance but who is Elsinore?

[elsinore]

Originally Posted by rockhag

Pardon my ignorance but who is Elsinore?

Me.

[rockhag]

Originally Posted by elsinore

Me.

Sorry.