County Court claim, Urgently Need Advice, Please Help!

[jadzia.dax1]

Many thanks for your reply Jesteruk,

 

 

To me the defence posted above is fine and should get the case thrown out.

42man will prpbably confirm this as well

 

I just wanted to be sure it was ok before I file it later today.

 

Mr carter does seem to have gone very quiet since I did my AOS saying I was going to defend all of the caim.

 

Many thanks again

 

Jadzia

[Jesteruk]

Mr carter does seem to have gone very quiet since I did my AOS

 

Probably because he actually recieved one from someone other then a solicitor!

 

He is just a man who loves to bully!

[jadzia.dax1]

Still heard nothing from Bryan Carter he still hasn't responded to, or acknowledged my CPR Part 18 request they received and signed for on 12 Sept....Should I do anything about that?

 

I filed my defence online to the court on 29 Sept and the court sent me a letter (dated 29 Sept) saying:

 

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

 

Is this the normal response?

 

Should I be doing something or just wait it out?

 

I thought Mr Carter would have been in touch by now.

 

Many thanks

[citizenB]

just giving your thread a little nudge. It might be that BC will not proceed, having been found out in his little trick of attempting to split the claim I am sure someone will be along soon. If not, you might try pming either jester or 42man and asking them to pop along to your thread.

[jadzia.dax1]

Many thanks citizenB

 

Mr Carter must have guessed that I would donate a slice of any amount received from a wasted costs order to CAG...so he's trying his hardest not to discontinue

[jadzia.dax1]

 

Still heard nothing from Bryan Carter he still hasn't responded to, or acknowledged my CPR Part 18 request they received and signed for on 12 Sept....Should I do anything about that?

 

I filed my defence online to the court on 29 Sept and the court sent me a letter (dated 29 Sept) saying:

 

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimants solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

 

Is this the normal response?

 

Should I be doing something or just wait it out?

 

I thought Mr Carter would have been in touch by now.

 

 

Can anyone help with the above please

 

Many thanks

[creditcardmug]

Ring the court towards the end of next week to check the status of the case, unless you get a discontinuance from carters in the meantime( most likely), but even if you do still check with the court to make sure carters have filed a notice of discontinuance.

[jadzia.dax1]

O.k will do...many thanks creditcardmug

[spamheed]

subscribing

 

Biting off more than he can chew seems to be a bad habit with BC

 

It does make one wonder how many he does get away with though, I would assume quite a few given that he seemingly does it at every opportunity, make sure you claim for your costs, make the b@gger pay for his stupidity

[detectall]

Subscribing to this one!

Good luck Jadzia

[Jesteruk]

Knowing BC, and there tactics, they have buried there heads in the sand.

Hell they got a big shark on the end of there fishing line and when they recieve your defence, they should realise what they have reeled in.

sorry had a few too many beers!

 

Be patient and your CPR request may take them time as they have to get all the info from Shop direct, something they should have done BEFORE they applied to the courts. Mr Carter likes to issue these threats and most people cave in and ring him up with a preposal, he would then continue with court action knowing theres no defense and he wins. But as your defending your actually giving him some work. If he fails to provide the CPR info - thens its in your favour

A judge will almost certainly throw it out, if and when it goes to court, for BC's failure in CPR requirements. If that happens issue the wasted costs order.

 

As Creditcardmug stated, wait till end of next week and contact the court to see if there is any sort of acknowledgment from BC

 

good luck!

[jadzia.dax1]

 

Knowing BC, and there tactics, they have buried there heads in the sand.

Hell they got a big shark on the end of there fishing line and when they recieve your defence, they should realise what they have reeled in.

sorry had a few too many beers! :-D

 

 

Many thanks spamheed, detectall & Jesteruk

 

Will keep you posted

[jadzia.dax1]

Hi all,

 

Ring the court towards the end of next week to check the status of the case

 

I've just rang the court to check the status of the case and they said the claimant has 33 days from the 29 Sept to inform the court if he wishes to proceed...(1st Nov, if i've worked it out correctly)

 

I told the man I spoke to at the court that I wasn't really sure what alleged debt this case was about and that Bryan Carter had chosen to ignore my part 18 request for further information...

 

he said to give Mr Carter a ring and ask him to reply to my part 18 request as he may not have received it. I pointed out that it had been received and signed for by D. Carter on 12 Sept...he again suggested that I give them a ring!

 

It doesn't look like he's going to discontinue...hasn't he usually done it by now if he's going to?

 

If the claim get's stayed and not discontinued are you still able to send a wasted costs order? I want to donate some to CAG!

 

Many thanks

Edited November 7, 2008 by jadzia.dax1

[42man]

Time is running out for them to comply !!...I certainly wouldn't ring them, sending it by recorded shows they received it....i'm not sure on the wasted costs aspects, but hopefully somebody will add some comment on this...

[creditcardmug]

Its ok just sit tight for now,you cant claim your wasted costs until a) discontinuance b) claim struck out.

 

Dont worry i still cant see it going past the AQ stage.

[jadzia.dax1]

Many thanks 42man and creditcardmug for putting my mind at rest

[jadzia.dax1]

I've received my AQ for this...

 

In part A Settlement it asks if I would like to use the free small claims mediation service, to help settle the claim.

 

Not to sure how to answer this because I can't settle if I don't know what alleged debt he is claiming for...he hasn't supplied me with any information and has completely ignored my part 18 request...(it was signed for by D Carter on 12 Sept).

 

but if I don't say yes to trying to settle through mediation, won't I look like i'm being awkward?

 

As for part G the other information bit it asks me to set out any other information I consider will help the judge to manage or clarify the claim, including any other information I consider should be supplied by the other party...What should I put here about him ignoring my request for further information and what should I be asking for?

 

Many thanks

[creditcardmug]

Hi, Heres some info to help with the AQ

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

I wouldnt bother with the mediation, waste of time.

 

Get back with any other questions, take you time with it.

[jadzia.dax1]

Many thanks creditcardmug

 

 

I wouldnt bother with the mediation, waste of time.

 

 

I agree but won't that make me look like i'm being awkward though?

[creditcardmug]

Ive tried it both ways, the time i ticked yes the court still didn't order it in the directions.

 

So if it bothers you tick yes, i still really cant see them paying that allocation fee, in which case it wont matter anyway.

[citizenB]

 

I wouldnt bother with the mediation, waste of time.

 

 

 

 

 

I agree but won't that make me look like i'm being awkward though?

 

 

Not at all, they have been given plenty of time to provide you with information in order for you to settle matters, rather than supply that information, they started court proceedings. Who is going to end up looking awkward, not you that's for sure.

[jadzia.dax1]

Many thanks for your replies creditcardmug & citizenB

 

I agree...as you said they've had more than enough time

[jadzia.dax1]

 

Part G the other information bit it asks me to set out any other information I consider will help the judge to manage or clarify the claim, including any other information I consider should be supplied by the other party...

 

 

My AQ has to be in by 17 November...I've filled it all in except for Part G the other information bit.

 

What should I put here about him ignoring my request for further information and what should I be asking for?

 

Am I able to ask for the court to order him to comply with my part 18 request or for his case to be struck out or something?

 

I want to put in the right wording/requests in now incase it messes me up for getting information later.

 

Do I need to do a draft order for directions.....or whatever it is you do at this stage?

 

I still haven't heard anything from Bryan Carter since the claim was issued.

 

Many thanks

[Jesteruk]

good luck Jadzia, you should have any problems with this one.....as for the answer to your Q's, im unable to help.

[jadzia.dax1]

Many thanks Jesteruk

 

I've just re-read the answers given and for some reason I didn't see the link posted by creditcardmug in post 43...

 

I think if all that applies to me it will have answered a lot of my questions ...sorry I missed it earlier

 

Many thanks to all who are helping me through this