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Court Action by Bryan Carter


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I have received a County Cout Claim Form from Bryan Carter Solicitors regarding an outstanding overdraft form Citibank. This is the second time they have tried to do this, as last year they tried to claim for less then 10% of the outstanding debt.

 

This time they are claiming for the entire debt, which they state is £2187.64, plus costs of £75.00, plus Court Fees of £75.00, plus interest totalling £158.23. This comes to a total of £2500.87.

 

In actual fact, the total debt (before costs) stands at £2459.32 and NOT £2187.64. This is according to statements I receive from the Original Creditor.

 

I am defending this claim on the basis that I am a hardship case. I wrote directly to Citibank a number of months ago regarding my treatment by Fredrickson International and Bryan Carter Solicitors, and explained that I would be making payment directly to Citibank in future, which I have been doing at a rate of £29.08 every four weeks for the past four months.

 

Citibank sent me a letter saying they would review the case as I am in hardship. I have just lost my job and as it stands I have no income at all until the benefits sort me out, which is taking some time because I am claiming Constructive Dismissal from my previous employer.

 

I have submitted the acknowledge of service form online, giving me until the 12th of May to either accept the claim or defend it.

 

Can someone please offer some advice as to whether I should defend the claim on the basis of the hardship letter I received from Citibank, and the fact the figures are incorrect, or should I accept the claim and if I do this how do I explain I cannot afford to make a payment, as I also have other debts.

20 Creditors including 1 CCJ with - you guessed it - Bryan Carter! £13467.43 owing. £2000 paid off in the past 12 months!!!

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Just to clarify : the first claim was for part of the debt (less than 10%) and now they are claiming for the whole of the debt including the amount of the first claim, or the balance being the original debt less the amount of the first claim?

 

These are distinctly different scenarios but both are wrong. Before we go into lots of detail it would be useful to clarify this issue first so we can determine which way to proceed.

 

There is some considerable experience of Bryan Carter in these forums and you are going to get lots of useful advice!

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I'd argue that the second claim is an abuse of process but we need to know what happened to the first claim

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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With regards to the first claim...

 

I defended it, because as far as I was concerned they were just going after costs. The court conceded and Bryan Carter discontinued the case.

20 Creditors including 1 CCJ with - you guessed it - Bryan Carter! £13467.43 owing. £2000 paid off in the past 12 months!!!

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...then after they sent me a notice of discontinuance I offered to pay them £29.08 a month. I cancelled the dd and began paying directly to citibank because it was citibank who i was corresponding with at the time.

20 Creditors including 1 CCJ with - you guessed it - Bryan Carter! £13467.43 owing. £2000 paid off in the past 12 months!!!

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I think if they've discontinued they need the court's permission to reinstate the claim. Not 100% sure, but that would indeed be an abuse of process. Hopefully someone with the proper knowledge will clarify.

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Yeah but the claim number is different. The last claim was for part of the amount and this new one has a different claim number on it, for the full amount!

20 Creditors including 1 CCJ with - you guessed it - Bryan Carter! £13467.43 owing. £2000 paid off in the past 12 months!!!

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Doesn't matter. It's the same (alleged) debt. Clearly, you're willing to pay your debts, which is wholly commendable, but Carter may just have blown his chances of ever collecting it!

 

He's caused you a lot of aggro, and I think you could defend this and win; you might want to view the possible 'uncollectability' of the alleged debt as damages for the harassment!

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Oh he has caused a lot of agro.

 

...Ive kept every letter Ive received from Bryan Carter, Fredrickson International and Citibank for the past year, including the last claim he issued and the discontinuance of proceedings letter.

 

I just need to know basically what to say in the defence form, and how to word it. I want it done properly this time.

20 Creditors including 1 CCJ with - you guessed it - Bryan Carter! £13467.43 owing. £2000 paid off in the past 12 months!!!

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  • 3 weeks later...

Is there anyone out there giving advice?

 

The situation as it stands is this...

 

I received the Claim Form and filled in the acknowledgement of service, which gave me until the 13th May. I then filed a defence and counter claim.

 

I then decided to withdraw the counter claim because firstly I am in no position to pay the fee and secondly because I do not want to be attending court. I sent the court a letter to request my counterclaim be withdrawn, but today I received a "Reply to defence and Counterclaim". How the hell do I just stop all this?

 

All I want to do now is make an offer of payment. I am sick and tired of all of this.

 

Can someone advise.

20 Creditors including 1 CCJ with - you guessed it - Bryan Carter! £13467.43 owing. £2000 paid off in the past 12 months!!!

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As far as the defence and counterclaim are concerned - unless you withdraw your defence as well you'll still have to attend court. As far as the fee goes - you may qualify for remission

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/195872-court-fees-remission.html

 

If you want to withdraw the counterclaim then you need to serve a Notice of Discontinuance on both BC and also the Court although I should add that on discontinuance you become liable for BC's costs of defending the counterclaim up to the service of the notice - so that would be their costs of drafting the defence to counterclaim

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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If you want to go down the route of settling then I would write a letter to BC - write the phrase "Without Prejudice" on it - offer either a Tomlin Order or tell them that on the basis that each party bears their own costs that you'll consent to a judgment in the sum of....with an order for instalments of £X per month and you will withdraw your counterclaim

 

A Tomlin Order would be a better option as they wouldn't initially get a CCJ - its an arrangement whereby you agree a certain monthly amount and agree that if you default they can enter judgment immediately but so long as you make the payments there is no CCJ

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Thanks for all of your replies so far. As it stands, I was sent an allocation questionnaire to fill in. This was due in on the 5th May. I have not sent it off.

 

I need practical advice. I want to discontinue all proceedings on my part, including the defence and counter claim. What forms do I need to fill in and where do I send them. I am hoping to have all the form filling and typing boxed off today because otherwise Im going to be going on holiday and stressing like mad.

 

Ideally, I also want to make an offer of a payment and I want things to go through the court so ideally NO TOMLIN ORDER.

20 Creditors including 1 CCJ with - you guessed it - Bryan Carter! £13467.43 owing. £2000 paid off in the past 12 months!!!

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......does serving a notice of discontinuance also withdraw defence proceedings as well?

20 Creditors including 1 CCJ with - you guessed it - Bryan Carter! £13467.43 owing. £2000 paid off in the past 12 months!!!

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Thanks for all of your replies so far. As it stands, I was sent an allocation questionnaire to fill in. This was due in on the 5th May. I have not sent it off.

 

I need practical advice. I want to discontinue all proceedings on my part, including the defence and counter claim. What forms do I need to fill in and where do I send them. I am hoping to have all the form filling and typing boxed off today because otherwise Im going to be going on holiday and stressing like mad.

 

Ideally, I also want to make an offer of a payment and I want things to go through the court so ideally NO TOMLIN ORDER.

 

On the Tomlin Order front - there is a court order just, unless you default, there is no CCJ

 

If you don't file an AQ - your case will get struck out anyway...

 

You'd need to serve a Notice of Discontinuance on the other side and on the court.

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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"Ive got no money", thanks for all of your help. I have now printed and filled in a copy of N279 Notice of Discontinuance for the court and for Bryan Carter Solicitors, I should imagine they would get these on Wednesday. What would I expect to happen then.

 

Would judgement be entered by default, as I could only afford to pay a small amount each month. What are the next steps.

20 Creditors including 1 CCJ with - you guessed it - Bryan Carter! £13467.43 owing. £2000 paid off in the past 12 months!!!

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"Ive got no money", thanks for all of your help. I have now printed and filled in a copy of N279 Notice of Discontinuance for the court and for Bryan Carter Solicitors, I should imagine they would get these on Wednesday. What would I expect to happen then.

 

Would judgement be entered by default, as I could only afford to pay a small amount each month. What are the next steps.

 

I've just had a random thought - sometimes I'm a bit slow - what you could do is fill in the form for admission and the offer to pay stuff - you should have had one with the original response pack that came with the summons - if not I'm sure that its' on the court service website - if you fill it in and send it to (I'm not sure where it goes - probably the court and BC).

 

I presume that BC will enter a CCJ either for payment in full or for monthly payments - either way you can get apply to the court to set a realistic payment target.

 

I think if you send in the form of admission you may pre-empt BC and get a sensible figure from the outset

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Right, so I have now sent a Notice of Discontinuance to both Bryan Carter and to the Court. I have also sent an Admission form to the court. I guess it is just a case of waiting to see what happens now then? I will update this forum as and when necessary.

20 Creditors including 1 CCJ with - you guessed it - Bryan Carter! £13467.43 owing. £2000 paid off in the past 12 months!!!

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