Davy vs Bryan Carter

[davybuk]

Right then, thought it had been quiet and peaceful for a while and arrive home today to a nice claim form from everyone's hero's BC.

 

POC - The Claimant claims xx, such sum being part of a debt due under an agreement number xxxxx ("the Agreement") whereby the defendant agreed to pay the claimant xx ("the Debt").

 

For the avoidance of doubt in making this claim for a 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 the Claimant under the agreement.

[postggj]

when will carter ever learn

splitting his claim by going for his costs is a seriouse no no

some one will be along soon with the relevent links

 

just sit back and wait for carter to with draw

 

 

YOU MUST ACKNOWLEDGE THE CLAIM OR YOU WILL GET A CCJ BY DEFAULT

STATE YOU ARE DEFENDING ALL OF THE CLAIM

[pt2537]

Right

 

time to spank this mcmuffin

 

Dont file the Acknowledgement of service yet, instead, when you do file the AOS, send a Defence as well and do it via special delivery

 

that way, when he discontinues, he will be liable for your costs and upon discontinuance he will need leave fop the court to restart a claim for the full amount

 

that fillets his donkey completely

 

but it also cuts your time frame down to 14 days

[davybuk]

I have just filed the AOS now while I was online....Can I still file a defence by post now or shall I go down the CPR route ? Thanks for the quick replies...

[postggj]

pt will be back soon to advise

in the nean time, have a look at this thread for info

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/139265-bryan-carter-solicitors-how.html?highlight=brian+carter

[pt2537]

oh well,

 

I was just thinking of stuffing him for costs that was all

 

we can still stick in a defence as there is no point filing a CPR request as we know he cannot understand what they are:D

 

we shall stick in a defence and when he withdraws the claim we file a request for costs

[palomino]

Right then, thought it had been quiet and peaceful for a while and arrive home today to a nice claim form from everyone's hero's BC.

 

POC - The Claimant claims xx, such sum being part of a debt due under an agreement number xxxxx ("the Agreement") whereby the defendant agreed to pay the claimant xx ("the Debt").

 

For the avoidance of doubt in making this claim for a 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 the Claimant under the agreement.

 

Section 35 of the County Courts Act 1984 reads as shown here - County Courts Act 1984 (c. 28) - Statute Law Database .

This effectively means they are acting unlawfully in bringing the claim as they have.

Perhaps pt and/or x20 can confirm that, and also confirm that this is a complete defence to the claim.

[pt2537]

Section 35 of the County Courts Act 1984 reads as shown here - County Courts Act 1984 (c. 28) - Statute Law Database .

This effectively means they are acting unlawfully in bringing the claim as they have.

Perhaps pt and/or x20 can confirm that, and also confirm that this is a complete defence to the claim.

Quite correct, it is unlawful to split the cause of action and would provide a strong defence

 

Although Carters have now started withdrawing upon AOS stating an intention to defend, so what we do now is file a defence at the same time as the AOS in separate envelopes , so that where he discontinues , he automatically gets stuck for our costs, call it trying to teach him a lesson.

 

of course the other option is to pay the part of the debt then when he tries to sue for the rest its automatically an abuse of the court process

[davybuk]

Thank for the replies everyone. Now I need to get thinking about sending the defence. As we don't seem to think a CPR request is in order would I be right in thinking we will say that the POC's are not sufficient to give grounds for the claim ?

[palomino]

You can still make a CPR request - in fact it would be a good idea to do so. Any failure to respond can be reported to the court, possibly as evidence that the claim is frivolous or vexatious.

[davybuk]

Okay...pt seemed to think there was no point so I wasn't going too but I can get one in the post and see what comes of it....

[palomino]

pt was being facetious.

[davybuk]

Oh...rats..Should have done that sooner then....

[pt2537]

Hi,

 

I wasnt being facetious at all. i was merely pointing that such a move would be pointless as Carters will discontinue and restart a new claim when they realise you are defending all of the claim

 

if they do this then they do not fall within the difficulties of Part 38

 

However if a defence is filed and then they withdraw

 

A) they are liable for the defendants costs

 

B) they cannot restart the proceedings without leave of the court

 

it is Carters M.O to simply with draw from proceedings when a AOS is filed with the intention of defending, so what i suggested sticks it to him hook line and sinker

[davybuk]

Thanks for the reply pt...Is there a defence that can be used in this situation somewhere on another thread ? All the ones I have seen so far have been lack of response to CPR based I think....

[tinkerbell20]

sure PT will be back shortly

[palomino]

I wasnt being facetious at all.

 

It looked like it in post #6

[davybuk]

Thanks for the replies...Hopefully I can get a defence sorted out to send soon

[davybuk]

Okay then I need to get my defence posted next week so any suggestions gratefully received !

[davybuk]

Filed a defence so I'll let you know what happens...