County Court claim, Urgently Need Advice, Please Help!

[rev.ian]

Good luck and go for costs when he pulls out. Ian

[pt2537]

ok, here we go

 

Firstly attach a draft order for directions

 

 

In the ************* County Court

Claim number **********

 

 

 

 

Between

 

************* - Claimant

 

and

 

xxxxxxxxxx - Defendant

 

 

 

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order file and serve the following:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
  
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 andConsumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,
  
• Document, contract or deed of assignment
  
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.
  
• Copies of any statement or other document relied upon
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant
  

 

 

 

if its not anassigned debt then i would remove the parts about assignment

 

 

 

then in part G i would suggest that we look to something along the lines of..

 

 

the defendant proposes the attached directions with the overriding objective in mind

 

the Defendant does not recognise the account or the company name upon which the claimant pleads and despite reasonable requests for information the claimant has failed to provide any information to allow the defendant to file a fully particularised defence.

 

the Defendant is a litigant in person and requests that the court order the attached directions to allow the Defendant sufficient information to understand the case against them. Additionally the Defendant notes that the claimants pleadings do not comply with CPR 16 or PD 16 and the Defendant is at a disadvantage without the information requested within the draft directions

 

i would fire off something along those lines

[jadzia.dax1]

Good luck and go for costs when he pulls out. Ian

 

Many thanks rev.ian

[jadzia.dax1]

Many thanks also to pt2537 for taking the time to have a look

 

I think this may have originally been something to do with a catalogue...I think it may have been assigned but not sure as I don't recall ever getting any letters from them.

 

Thank you again for your help

[rev.ian]

pt2537 will know but I think if it is a catalogue it will not have credit agreement, I know littlewoods dont often have one.

[jadzia.dax1]

Just a quick update...

 

I put my AQ in on the due date of the 17 Nov and I gave the court a call today to see if Bryan Carter had sent his in yet and he hasn't....

 

So far he's refused to give me any details on what alleged account he is claiming on, he's split the claim, he's not acknowledged my CPR part 18 request and now he's not bothered to get his AQ in on time....

 

I'm totally amazed by the amount of respect he shows for the court process

 

[creditcardmug]

It doesnt surprise me that carters havent filed, its typical of them, remember they have to pay to file theirs, and if they think their case is weak wont want to waste any more money.

 

Dont be surprised if you get a Notice of Discontinuance in the post soon.

 

BTW the courts always seem to give claimants more leeway than defendants.

[Josie8]

It doesnt surprise me that carters havent filed, its typical of them, remember they have to pay to file theirs, and if they think their case is weak wont want to waste any more money.

 

Dont be surprised if you get a Notice of Discontinuance in the post soon.

 

BTW the courts always seem to give claimants more leeway than defendants.

 

 

Solicitors certainly..........................

[rev.ian]

Poor Mr Carter, not use to people defending, he likes to get his ccj’s by default.

[citizenB]

Just a quick update...

 

I put my AQ in on the due date of the 17 Nov and I gave the court a call today to see if Bryan Carter had sent his in yet and he hasn't....

 

So far he's refused to give me any details on what alleged account he is claiming on, he's split the claim, he's not acknowledged my CPR part 18 request and now he's not bothered to get his AQ in on time....

 

I'm totally amazed by the amount of respect he shows for the court process

 

 

Even if you hadnt mentioned his name, Bryan Carter is instantly recognisable by his trade mark, splitting of claims. I am surprised he is allowed to get away with it:mad:

[jadzia.dax1]

BTW the courts always seem to give claimants more leeway than defendants.

The court has said to give them a ring back next week.

 

I bet if I hadn't done mine on time I would have of been in trouble....but thanks to you lovely people on CAG I've been ready and waiting

 

 

Poor Mr Carter, not use to people defending, he likes to get his ccj’s by default.

 

Well he's not getting this one by default :smile:

 

 

Even if you hadnt mentioned his name, Bryan Carter is instantly recognisable by his trade mark, splitting of claims. I am surprised he is allowed to get away with it:mad:

 

I've read loads of threads about him and he does seem to be very predictable in how he operates.....

 

It's so annoying that he's getting away with it all the time

 

I'm going to write a letter to his boss just to make sure he's fully aware of how BC is opperating I just need to get my letter writing head on and think of what to say....any ideas?

 

Many thanks for all your replies as always

[jadzia.dax1]

I rang the court again today and Bryan Carter still hasn't filed his AQ

 

he's nine days over now....naughty boy!!!

 

When I asked what happens now the court lady said it will probably go before the judge and he will probably make an order....she wasn't too sure what she was doing though to be honest(her words).

 

[creditcardmug]

I rang the court again today and Bryan Carter still hasn't filed his AQ

 

he's nine days over now....naughty boy!!!

 

When I asked what happens now the court lady said it will probably go before the judge and he will probably make an order....she wasn't too sure what she was doing though to be honest(her words).

 

 

Keep pestering them, ring the court on friday, then early next week, theres more chance the judge will look at it if you do IMO

[jadzia.dax1]

Many thanks creditcardmug....I will do as you have advised

 

I think the judge will have to look at it soon anyway because when I sent in my AQ on 17 November, I attached the draft order for directions that pt2537 very kindly helped me with.....

[creditcardmug]

Problem is i dont think the court staff will give it to the judge to look at until they have both AQs, thats why i think its worth keeping the pressure on.

 

Once he sees theirs is overdue, will probably make an order that they file it within 7 days or their case is struck out, thats what usually happens.

[jadzia.dax1]

I rang the court again today I bet the're getting sick of me calling and surprise surprise Bryan Carter still hasn't filed his AQ....he's fourteen days over now.

 

I said to the lady it didn't look like he's going to file his AQ as he's fourteen days over and I asked her if there was anything that I could get done about it....

 

she just said it will probably go before the judge but I have been hearing this for two weeks and it still hasn't...

 

the lady I spoke to doesn't offer any advice as to what happens next and doesn't have any answers when I ask questions other than it will probably go before a judge and that she's not sure what happens.

 

I don't even think the judge has looked at my AQ or the draft order for directions that was attached to it.

 

Is there anything else I can do to hurry this on a bit?

 

I posted Bryan Carter a copy of my AQ...they received it and signed for it on 18 Nov so they know i've done mine.

 

Many thanks : )

Edited December 1, 2008 by jadzia.dax1

[creditcardmug]

I dont think there is much else you can do, it isn't going to move on until

a carter files his AQ

b they discontinue

c the judge gives them an ultimatum on his own initiative (which happens quite often).

 

I think you could force it by filing an application to have his case struck out but you have to pay a fee.

 

Best give it a bit longer i think

[rev.ian]

I was so fed up with Bryan Carter thinking he could do what he likes with the court, I wrote him a letter asking if I needed to congratulate him on his promotion to county court judge. Needless to say true to form no reply from Carter.

[jadzia.dax1]

Many thanks for your replies creditcardmug and rev.ian

 

More waiting it is then

 

I didn't know if it would be worth writing to the court manager to point out that he's ignored my CPR request and now he's very late filing his AQ and that I feel that he is abusing the court system...

 

Many thanks guys

[upto the eyeballs]

Subscribing! Excellent thread!

[jadzia.dax1]

I rang the court again today the person I spoke to said Bryan Carter still hasn't filed his AQ that makes it 18 days over due now!!

 

She said the judge will probably get to look at the case near the end of next week and will probably make an order giving him another 7 days to send in his AQ....

 

So much for a fair system :-x

 

It's no wonder Carter takes the p*** out of the court system because they ovbiously don't give a damn what he does.

[creditcardmug]

I rang the court again today the person I spoke to said Bryan Carter still hasn't filed his AQ that makes it 18 days over due now!!

 

She said the judge will probably get to look at the case near the end of next week and will probably make an order giving him another 7 days to send in his AQ....

 

So much for a fair system :-x

 

It's no wonder Carter takes the p*** out of the court system because they ovbiously don't give a damn what he does.

 

Absolutely couldn't agree more (if the boot was on the other foot springs to mind) ive had all this before and know how it feels.

 

Everytime one of these "solicitors" abuses the court system, they dont get brought to book, so they are going to keep on doing it, its human nature:-x

[jadzia.dax1]

Absolutely couldn't agree more (if the boot was on the other foot springs to mind) ive had all this before and know how it feels.

 

I wouldn't normally be bothered how long it takes but i'm supposed to be going out of the country for 6 months to visit my sister within the next few weeks...so I needed it sorting before I leave.

 

I've also just found out i'm a few months pregnant because it's a long haul flight if I don't go soon I'll only get to stay there for a couple of months before they won't let me fly back.

 

[creditcardmug]

I wouldn't normally be bothered how long it takes but i'm supposed to be going out of the country for 6 months to visit my sister within the next few weeks...so I needed it sorting before I leave.

 

I've also just found out i'm a few months pregnant because it's a long haul flight if I don't go soon I'll only get to stay there for a couple of months before they won't let me fly back.

 

 

This could well be an angle, i suggest just writing to the court informing them of your impending commitments and predicament, and that is why you have to have a speedy resolution here, and that the other side are prevaricating.

 

It could just swing things in your favour, while not costing anything more.

[jadzia.dax1]

This could well be an angle, i suggest just writing to the court informing them of your impending commitments and predicament, and that is why you have to have a speedy resolution here, and that the other side are prevaricating.

 

It could just swing things in your favour, while not costing anything more.

 

Many thanks creditcardmug

 

Great idea....I hadn't thought of it that way.

 

I'll do as you suggest

 

you are a star