Bryan Carter Solicitors - Help needed!

[emmaphill]

Hi

 

Hope someone can help me with the above!

 

I am helping my mum with a claim against her by the above solcitors. She received the claim on the 26th November 2008 and it states the claimant as 'Ridgeworth Fairmaile recoveries'. We have looked back and think it relates to an additions catologue account but we are not completely sure. The amount is for £240.65 plus costs.

 

We acknowledged service on the 27th November stating we would defend in full and sent the request for information under the civil procedure rules letter the same day recorded delivery. We have heard nothing and I dont know what to do next - should I phone Bryan carter and ask if they recieved the letter or send another letter or even contact the court? I need to enter a defense by the 24th but with christmas was hoping to do it before then.

 

From my mums memory the account as not been used since 2005 but in their particulars of claim they state 'claimants a/c no ******** to goods sold between 09/08/2003 and 07/08/2008'.

 

Any help would be much appreciated.

 

Thanks

 

Emma

[42man]

OK which CPR letter did you send out Emma ? Do you know if Carters have split the claim ? or does this sound like the total amount ?

[emmaphill]

thanks for getting back to me.

 

I definately think its the whole amount owed and i used the template letter from the ' Basic Introduction to Consumer Credit litigation' thread - weas that the right one to send?

 

Thanks

 

Emma

[42man]

OK....it should have said CPR18 - Request for Information, but it's not a major problem...when has the defence got to be submitted ? Have you sent out a CCA request by any chance ?

[emmaphill]

If Its 28 days after the claim is recieved as i think then the 23rd December.

 

No CCA as been sent to this company yet should i do that now?

[ScabHunter]

I would definitely get a CCA request off to Ridgeworth Fairmaile recoveries if they hold the account now. There is also time for a CPR 31.14 request to go to Carter if that applies. Can you post up the entire PoC so we can see?

 

SH

[emmaphill]

Am i right in thinking the CPR 31.14 will not help as the POC does not mention any of the items? Should I resend the discolosure this time stating the correct section and sending it registered?

 

Also just checked with my mum and never received anything from Ridgeworth so don't have any contact details etc - will the above correspondance cover this now?

 

The POC state the following:

 

The claimants claim is for the price of goodssold and delivered by the claimant to the defendant.

 

Particulars

 

Claimants a/c no ******** to goods sold between 09/08/2003 and 07/08/2008 and the claimant claims 235.04.

 

The claimant also claims interest theron pursuant to S.69 count court act 1984 limited to one year to the date hereof at the rate of 8% per anum amounting to 5.61

Edited December 11, 2008 by emmaphill

[bazaar]

Hi Emmaphil,

you always send anything recorded del at least, signed for is better, but a little more expensive.

I see 42man has been looking at this for you, so you are in safe hands IMO.

Poor old Brian Carter,,lol:D

[42man]

As a precautionary measure, send a CCA request off to Fairmile....and send this CPR to Carters...keep an eye on the timescales for submitting the defence....

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[creditcardmug]

Hi, the POC is a joke, as is usual from carter, definitely send the CCA request to the claimant...Look at the date on the claim form and count 33 days from then..that's when you must file the defence by.Leave it as late as poss. but not too fine, bear in mind xmas, and court opening times etc.

 

Will be a simple defence, as the particulars disclose no cause for action, should be an easy win, make sure you claim your costs from carter when you win

[ScabHunter]

Am i right in thinking the CPR 31.14 will not help as the POC does not mention any of the items? Should I resend the discolosure this time stating the correct section and sending it registered?

 

Also just checked with my mum and never received anything from Ridgeworth so don't have any contact details etc - will the above correspondance cover this now?

 

The POC state the following:

 

The claimants claim is for the price of goodssold and delivered by the claimant to the defendant.

 

Particulars

 

Claimants a/c no ******** to goods sold between 09/08/2003 and 07/08/2008 and the claimant claims 235.04.

 

The claimant also claims interest theron pursuant to S.69 count court act 1984 limited to one year to the date hereof at the rate of 8% per anum amounting to 5.61

 

Yes, if the PoC does not specifically mention the documents, CPR 31.14 will be of no use.

 

Is that the PoC? They are claiming for "the price of goods sold and delivered by the claimant to the defendant."

 

What? The claimant is a debt collector! Since when did any debt collector sell goods to anyone?

 

x20 has posted a good defence which has been used in another case on the main forum. I will dig it out for you.

 

SH

[ScabHunter]

This is a defence which x20 gave someone with an almost identical PoC to yours.

 

DRAFT / DEFENCE

 

1 The Particulars of Claim neglect to disclose a cause of action.

 

2 If the Claimant claims payment of the price due from the Defendant under a contract or contracts for the sale of goods and made between the Claimant and the Defendant, the Defendant denies the formation of such a contract or contracts.

 

3 Further and without prejudice to the contentions set out under paragraphs 1 and 2, if (which is denied), the Claimant and the Defendant entered into contractual relations leading to the sale of goods to the Defendant on 23 June 2002, action on the same is now barred pursuant to the provisions of Limitation Act 1980 section 5.

 

4 The Claimant's claim to be entitled to £374.77, to interest or to any other relief is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

Dated:

 

Part 3 about the Limitations Act is probably not relevant to this case, but the other points certainly are.

 

SH

[emmaphill]

Thank you all so much for your help. I thought the poc was a bit strange as how could they have supplied anything!

 

Ill get the CCA sent off tomorrow. i sent the original request for disclosure recorded and have checked and its been signed for so thats something.

 

The defense is exactly what i needed so thanks again.

 

I will update when I get any more information.

 

Are this company notorious for these type of claims then?

 

Emma

[creditcardmug]

SH check the dates, i don't think its stat barred

[ScabHunter]

SH check the dates, i don't think its stat barred

 

I said Part 3 about the Limitations Act is probably not relevant to this case, but the other points certainly are.

 

SH

[creditcardmug]

sorry didnt noticetime for sleeping i guess

[emmaphill]

Hi

 

I have entered above defense this morning onto system. I have recieved nothing from the solicitors reagrding my CPR should I chase this? I have sent CCA to ridgeworth with £1 postal order so shall see what will become of that.

 

Should I sit tight or do anything else?

 

Emma

[emmaphill]

Hi

 

Just to update my mum recieved a notice that the case as been discontinued by Bryan Carter yesterday. Does this mean that they have given up? Do we need to do anything further with the courts?

 

Thanks

 

Emma

[bazaar]

Make sure that this is correct with the court, dont trust fat Brian.

But it does seem like he has scuttled his fat AR*se back under the rock from whence he came.

Consider applying for wasted costs if you have any and reporting him to the relevant solicitors ombudsman.

[emmaphill]

Ill give the courts a ring to check that it is correct. I will definately report them as their behaviour has been disgusting and my mum was worried sick!

[42man]

If it is correct WELL DONE....how about getting a wasted costs order against them !! -

[emmaphill]

Whats a wasted costs order? Not sure how I would do this.

[42man]

I'll see if I can dig out some more info or another thread....

[ukaviator]

Information is here Team:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

[creditcardmug]

Be careful with Carters, make sure the court has it on their system as being discontinued, to say they are untrustworthy is an understatement im afraid, and that's being conservative.