Bryan Carter And solicitors, how to defend ccj claim**WON**

[icecool]

thanks pt, can you have a look over it and see if it makes sense. thanks. i need to get it posted before 5.30pm today

[icecool]

hi pt2537.is the letter fine to be posted?

[icecool]

Hi

 

The court has received the defence form on time, so don't know what happens from now? anyone have a clue

[nicklea]

If you sent it to northampton then you'll get a letter back saying that the case has been transferred to a court local to you. You will then receive an Allocation questionaire. Come back when you get this and people can advise you on how to complete it. After that you will get a court date

[pt2537]

If you sent it to northampton then you'll get a letter back saying that the case has been transferred to a court local to you. You will then receive an Allocation questionaire. Come back when you get this and people can advise you on how to complete it. After that you will get a court date

 

thats providing they tell the court they wish to proceed

 

when they get your defence, they have 33 days to decide if they wish to proceed with the case and if they dont tell the court they wish to continue then you will get a letter telling you the case has been stayed

 

my guess is that, as per BCs normal M.O they will issue you a notice of discontinuance and disappear quietly

 

however, personally if it were my case,. i would be seeking my costs from them , if they do discontinue, as they do that tooo often

 

if they do decide to continue then you will get an AQ as Nicklea says

 

i hope this helps

[icecool]

Thanks

 

well i guess we have to wait and see, i have had no reply back from them at all.

If they do discontinue, how do you claim costs back from them, and how much can you claim?

[pt2537]

 

38.6 (1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom he discontinues incurred on or before the date on which notice of discontinuance was served on him.

(2) If proceedings are only partly discontinued –

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

(3) This rule does not apply to claims allocated to the small claims track.

 

(Rule 44.12 provides for the basis of assessment where right to costs arises on discontinuance)

 

 

 

 

 

This is the section of the CPR which deals with discontinuance

 

PART 38 - DISCONTINUANCE

 

hope it helps

[icecool]

Hi there

 

today i received a notice of discontinuance from bryan carters. so thanks to all who helped especially pt2537 and nicklea.

 

at the bottom of the notice it says:

 

N 279- Notice of discontinuance of proceddings or withdrawal of part of claim.

Order 18. Rule 1.

 

 

Can i assume they won't come back for the full amount?

[BeauBrummie]

Hi Icecool,

 

Good news for you about the "discontinuance" well done. I as you probably know, have already been down this road, and reading into what most people have posted on my thread it seems that there will be no more from BC on this matter.

 

But also it would seem that it is a good idea firstly to write to them asking them for confirmation that the matter is now closed, and secondly to ask for the complaints procedure as requested under the CPR, as you still would like answers to questions arrising from s35 of the County Courts Act, regarding "Split Causes of Action".

 

I have drafted a letter (posted on my thread) which you could adapt, but I have to admit that I have not sent it yet, as I was going to make adjustments to it regarding costs,(answers your PM) and also was pondering if I should go straight to the SRA.

 

I have just been very busy with work and kids over the last week or so, and have not been able to devote the time I have needed to put pen to paper properly.

 

BB

Edited May 15, 2008 by BeauBrummie
Typo Doh!!!!

[icecool]

ok i'll have a look at that.

 

thanks

[The Lantana]

Nice result.

 

Regards

 

Lantana

[icecool]

Hi Guys

 

I'm back.

 

Today i got a statutory demand (don't know if it is fake?) from lowell portfolio 1 ltd for £1021.77,

if you read from the previous posts i won the case , when they tried putting a judgement against me and they discontinued.

 

Can they do this after i have already won a case against them against the county judgement?

Also the 'statutory demand', don't know if it is real or not. is it supposed to have the details of the county court on like address, as the only ref it has is 'your local county court'

 

Thanks for helping out last time, can you give me advice on this new situation?

[creditcardmug]

It looks like although they dropped the partial claim they have sold the rest on to the next bottom feeder, i don't know exactly how you go about sorting out this nonsense, but im sure an expert will be on soon, and i will be very interested to see how this pans out.

I take it you didn't write to carters after all, or claim your wasted costs from them then?

I do know that you have to act on this though and you have only 18 days to do so.

[icecool]

Hi

 

 

 

the claimant is lowell portfolio 1 ltd.

 

in the 1st instance Bryan carters were acting for them when they went for ccj, but the company acting for them now is red debt collection services, which from reading on here is just another name lowell use.

 

i think the form looks fake, as there is no county court name on the 'form 6.1' they have sent.

and they have not sent any other forms, as in which to reply to the court etc. so i don't even know which county court i should write or talk too.

I think if it was a real form, it would have the name of the county court on there, right?

 

Also the fact that i won the ccj case, does that not mean they can't do this?

[creditcardmug]

Im not well clued up on this but i dont think they have to have a court stamp on them, it costs them nothing to do it which is why there are so many of them flying around, so i would still take it seriously for now, until an expert comes on hold fire.

[pt2537]

right then

 

you need to make an application to have the SD set aside

 

this must be done within 18 days of service

 

Have a read of this thread

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/135078-me-1st-credit-stat.html#post1426635

 

i know it was first credit in this case but the basics are the same

[icecool]

hi pt2537

 

Good to hear from you again, although i had hoped i would'nt need your help again.

 

you say i have to respond within 18 days, how do i respond.

There is no court mentioned or address on the form 6.1 they sent.

 

The forums say i have to send forms 6.4 and 6.5 in, but i got no other forms with the letter and form 6.1 they sent.

 

Also the fact that i won the judgement case against them, and they are still sending a demand out to me, is this just a scare tactic?

[icecool]

Also i got the letter today on the 18/08/08 when the form is dated 11/08/08

[pt2537]

everything you need is on that thread that i posted a link to

[icecool]

Hi pt2537

 

Yesi have read the thread, and the froms 6.4 and 6.5 can be downloaded.

 

but there is no court given in the letter and form which they sent me. so when i fill these froms in where do i send it or take it.

there is no court address given in the statutory deman form they sent me

[pt2537]

you can do this through your local court AFIK

[icecool]

in the from 6.5, do i include the fact that i got the discontinuation of the ccj against me,

 

the amount they are claiming for now is £1 less than the amount they tried to claim for in the ccj case. i think they took the £1 i sent for the cca and used it against this amount, when i said not to. and they still did'nt send the cca, and this was 4 months ago in may.

[pt2537]

in the from 6.5, do i include the fact that i got the discontinuation of the ccj against me,

 

the amount they are claiming for now is £1 less than the amount they tried to claim for in the ccj case. i think they took the £1 i sent for the cca and used it against this amount, when i said not to. and they still did'nt send the cca, and this was 4 months ago in may.

 

yes that is what i would do, GaryH set his application out very clearly and i would in part follow his lead

 

im sorry but i am very busy at the moment so i cannot help much at the mo

[icecool]

hi there

 

just to clarify, is there anyway you can check if the statutory demand, that they have issued is fake or not. can you ring some place up/court etc to find out?

 

secondly once i have filled in the 2 forms, can i just take them to any county court. and what other things do i have to give them at the same time? ie like other evidence, do i provide copy of letter of discontinuation off ccj against by bryan carters who were acting for them previously?

 

please can you get back to me thanks.

Aslo the SD was sent 2nd class through the post

[SusanSusan]

Icecool -

 

SD's are issued with no reference to the court at all, they don't need stamping or anything. The SD will have to comply with a required layout and terms etc. for it to be VALID. But there is no such thing as a fake/real SD. They are not issued via a court like applications for CCJs.

 

If it does not have the prescribed layout and terms; then you could argue to have it set-aside on those grounds; or if they ever proceeded to bankruptcy, then at that point you could argue that the SD is NG. But you should save that for later - assume the SD is OK; BUT remember that the creditors issue SD like confetti, in the hope of scaring folks, and the fact that they issued it by 2nd class shows they are not serious - and you should put this is your set-aside argument. To this extent you could consider it "fake".

 

But the wisdom here is that you MUST apply to have it set-aside, even if you don't think they are serious. Much easier to have it set-aside than fight a bankruptcy hearing.

 

I suggest first you take a long read of the post mentioned above - it has an excellent template for arguments to have the SD set-aside; and you can adapt it for your needs. SD should only be used where the debt is NOT in dispute, and the fact that the CJ was stopped should be a great help to your case. The courts take a dim view of SDs being issued for such debts as yours - especially when they are clearly in dispute.

 

Put lots of arguments in your set-aside case, say at least 8. That way, they will arrange a hearing for the set-aside and not throw it out. You can copy and paste from the link, and add some more in the same language (ie: that a CJ has been discontinued). I printed the forms out - and then printed my arguments onto them so it looked professional.

 

You will find info on the forum as to how to complete the forms; and then you should find your nearest court that deals with bankruptcy. I think all of these courts have specific help desks run by the CAB to help you; and you should go to them first to get it all checked and take their advice. Then when you go to the desk to register the papers, you can swear the docs as a witness - and thus avoid any fees.

 

The 18 days start from the DAY YOU RECEIVED the SD. You can swear what date you actually received it. The date on the SD etc is irrelevant. Make sure you keep the envelope with the date and 2nd class stamp on it.

 

Take THREE copies of everything: SD, and both forms.

 

The good thing is that if it goes to a hearing you can claim expenses - perhaps £200 - £300. And often the other side does not even turn up. Again, take a look on the forum for expenses claims etc.

 

Looks to me like they don't know what they are doing; left hand does not know what the right hand is doing; etc.. etc..

 

Once the court has the papers, the registrar will take a look and then fix a date for a hearing. At that point, you will get court-stamped copies of all the paperwork and a hearing date. Hopefully they won't turn-up; or at least they will just send a letter to the court saying they mean no disrespect by not turning-up and to ask the court not to grant you expenses!! You then argue that they are taking the **** with the whole shebang and stick you claim in for all your hard work. My view would be to claim as much as possible, but their are guidelines. The court would only reduce your expenses if the felt they were too much.

 

If you win and get you expenses - then don't forget to make a donation here! )

Edited August 26, 2008 by SusanSusan
Additional info added.