Bryan Carter What A Coincidence !!!!

[BeauBrummie]

Advice Please,

 

Had Egg card circa 2001, long story but struggled with payments had payment plan with them until account passed on to Fredricksons. Agreed further payments which I have been keeping up until just before last Xmas. Had various letters from Fredricksons and Bryan Carter during that period both chasing same thing.

 

Last week having gained a bit of experience on CAG with other CCA requests, decided to send CCA request on this account. BC would have it today (Sent Recorded). When I get home from work today as if by magic I have a letter from BC saying that they Have issued litigation procedings and I will receive papers in the next 48 hours. They have quoted what looks like a court ref no.

 

Coincidence or what !!

 

So our letters have crossed in the post. Can I just rely on CCA request and enter that as a defence if the said papers arrive.

 

Thoughts please

 

Beau

[bigbutcute]

bump

[maggieboo]

i'm not expert by any means, but I would have thought that the CCA request would have to be acted upon by BC, even though DCAs are a law unto themselves. but don't worry someone will be along soon with good advice.

[BeauBrummie]

Right then, true to their word, BC have issued a claim from Northampton CC bulk centre,

The claim is dated yesterday and is only a partial claim it is only just over 5% of the outstanding balance.

 

Need some help please !!

[BeauBrummie]

Ok I will give this theory a shot with a few facts,

 

CCA request was received by BC yesterday posted 12 April so by my reckoning if no enforceable agreement is forthcoming by 30 April I can go a defence of no enforceable agreement.

 

The reasoning is that Claim served date is 5 days after claim issue date.

Issue date 14 April so 5 days = 18 April deemed as served.

 

I must reply by 14 days from 18 April which I make to be 2 May so BC cannot legally enter Judgement by default before that date.

 

So my theory is even though it is tight, as long as get my N9 in by 1 May I should be ok.

 

Anybody agree with me or am I just clutching at straws here ?

 

Beau

[Seahorse]

Doesn't matter at this stage now whether they comply in time with your CCA request. You are entitled to demand that they produce it as you will be able to ask for it in disclosure. I think they are hoping to scare you now, so don't let them.

 

Get one of the guys who is clued up on the court stuff to help you. Obviously you will be defending, and I take it you'll want everything moved to your local court. That in itself will p!ss them off, as I'd imagine they were hoping you'd fold at the first hurdle and not even bother to turn up, thus winning by default. Sounds to me like they are desperately trying to get a win in sharpish cos they know they'll struggle with beating a s127 defence.

 

Make no mistake... if you don't defend, they WILL win by default even if THEY are in default of your CCA request.

 

I have a feeling that they might have shot themselves in the foot with trying to beat the clock here. I hope so anyway.

 

Try getting hold of TomTerm to help with the court stuff. It might be an idea to talk to your local court now anyway, and see how helpful they are likely to be.

[rameses_qc]

Also, it looks as though Carter is claiming for his fees only (again) This is in contravention of the Solicitors' code, and should be reported to the Solicitors' Regulation Authority without delay

[BeauBrummie]

Thanks for your input people,

 

Seahorse ---- I will be defending thats for sure. Its just been bad luck that BC has issued the claim simultaneously as my CCA request.

 

Rameses------ If I were to complain, do you have an address to write to I have looked around and it seems there are several legal bodies that I could inform ?

 

Regards

 

Beau

[Boro]

Ok heres what you should do, within 14 days of the date on the claim form you must complete acknowledgment of service you can do this online the details will be on the claim form this will give you 28 days plus 5 days for service (so a total of 33 days) in which to file a defense, i would also send brian carter a request for information under CPR (civil procedure rules), sent recorded of course which they must comply with within 14 days, good luck

[ODC]

Here is the Solicitors regulatory website. Bryan Carter is well know to them. Eventually someone will wake up and smell the coffee and sort him out.

 

Solicitors Regulation Authority - Home

[BeauBrummie]

Just to update you all.

 

Thanks for all your kind help

 

I am sending a CPR request to BC, that request requires BC to send their complaints procedure, probably won't get anywhere but I think I should be seen to be trying before going SRA route.

 

Regards

 

Beau

[Seahorse]

Your request for info under disclosure rules should include a request for ALL info that they intend to rely on in order to bring the action. This will include the original agreement, if one exists. And although the CCA allows for a COPY of an agreement in order to satisfy their obligation to a CCA request, in court they will need THE agreement, or a TRUE copy. As their whole case will hinge on this, it is pure folly for them to try to proceed without it.

 

Of course, part of your defence will be that without it, BC are fecked.

[BeauBrummie]

Thanks Seahorse,

 

Just checked my copy of CPR request and it does ask for "Any other documents you seek to rely on in court"

 

Hope that is strong enough !!

 

Beau

[Boro]

Beau the best thing you can do is post any letters or requests on here first to get them checked over before sending, obviously without any personal details on them or reference numbers

[BeauBrummie]

Hi Boro,

 

I found the CPR request from another thread posted up by Tomterm I think--, so it should be ok

 

Beau

[storm]

You may also find the Egg default notice will make it unenforceable

 

The default notice we had from them did not specify the amount required to remedy the default

[BeauBrummie]

Thanks Storm,

 

I will check that and keep you posted

 

Beau

[gh2008]

Ok I will give this theory a shot with a few facts,

 

CCA request was received by BC yesterday posted 12 April so by my reckoning if no enforceable agreement is forthcoming by 30 April I can go a defence of no enforceable agreement.

 

Yes, if the creditor fails to comply FULLY with a s78(1) request then they cannot enforce the agreement

 

78(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

 

As you receive documents, scan them in, remove personal info (but leave figures if you can) and the post them up (via photobucket is easiest)

[BeauBrummie]

Ref Storm

 

Default Notice says

 

Credit Limit xxxxxxx

Arrears xxxxxxxx

Balance xxxxxx

 

Then refers me to the T&Cs followed by :

 

Must remedy Breach (Arrears) by (date given)

 

Then threatens action, or no action depending on my response to the notice.

 

Sorry I don't have enough experience with these things to tell if that is a proper document or not.

 

Beau

[gh2008]

Ref Storm

 

Default Notice says

 

Credit Limit xxxxxxx

Arrears xxxxxxxx

Balance xxxxxx

 

Then refers me to the T&Cs followed by :

 

Must remedy Breach by (date given)

 

Then threatens action, or no action depending on my response to the notice.

 

Sorry I don't have enough experience with these things to tell if that is a proper document or not.

 

Beau

 

Can you scan it or take a digi pic & post it? (after removing personal info)

[BeauBrummie]

Hi gh2008

 

Not got a scanner to hand

 

Beau

[BeauBrummie]

Ref post 16 storm and others to give their opinions please.

 

 

 

 

Beau

[pt2537]

Can i ask what the particulars of claim say?

[BeauBrummie]

Hi pt2537,

 

Particulars as follows;

 

The claimant claims XXX.XX such sum being part of a debt due under an agreement Number XXXXXX (the Agreement) whereby the defendant agreed to pay the claimant xxxx.xx (The Debt)

 

For the avoidance of doubt in making this claim for part of the debt, the claimant does not waive any rights as to the balance of the debt, which the defendant continues to owe to to the claimant under the agreement. The claimant reserves the right to make further claim for such sums of the debt as remain outstanding.

 

Signed Bryan Carter

 

And thats it, thanks pt

[pt2537]

Hi pt2537,

 

Particulars as follows;

 

The claimant claims XXX.XX such sum being part of a debt due under an agreement Number XXXXXX (the Agreement) whereby the defendant agreed to pay the claimant xxxx.xx (The Debt)

 

For the avoidance of doubt in making this claim for part of the debt, the claimant does not waive any rights as to the balance of the debt, which the defendant continues to owe to to the claimant under the agreement. The claimant reserves the right to make further claim for such sums of the debt as remain outstanding.

 

Signed Bryan Carter

 

And thats it, thanks pt

 

OH REALLY,

 

another Carters special eh?

 

well Mr Carter when are you going to learn that your particulars of claim are UNLAWFUL

 

section 35 of the County Courts Act 1984 makes it unlawful to split the cause of action into two separate claims

 

Have you made a CPR request to them yet? if not its something that needs to be done as a matter of urgency

 

also what time frames are we looking at for your defence?

 

what is the latest it needs to be with the court