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cheekone

Bryan Carter Egg - Help Please

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Hi please can someone help ?

 

Bryan Carter commenced procedings against me in June 2008 on behalf of Egg, and discontinued procedings after i pointed out in my defence that the default notice that egg had issued was issued in december, and not november like they claimed. I had tried bringing up the arrears in december as requested in december 2007, but egg refused payment saying that they had all ready passed it to fredrickson International. The Amount Bryan Carter claimed was only 10 % of what was owing.

 

I have the CCA from egg, and like many others egg CCA's it doesn't have how much credit on the CCA and only the apr for cash advances

 

Im also aware that its against the process to split claims.

 

Since June 2008 Carter has sent me a letter in April 2009, threating Court action , and has now started procedings again May 2009.

 

Any help with my defence would be greatly appreciated , and any information for me to make his life hell would be too.

 

cheekyone

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Hi Jogs, Im with you now, Particulars of claim state

 

The Claiments Claim is for the balance due under a agreement that is now all due and payable. and the claimant claims the sum of xxxx.xx

 

The Claiments Claim also claims interest thereon interest thereon pursuant to s69 county court act 1984 limited to the date here of 8% per annum amounting to 0.00

Edited by cheekone
updated

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My defence, is it allright ?

 

 

In the Northampton County Court

 

 

Claim number: xxxxxxxx

 

 

 

 

 

 

 

 

Between

 

 

 

xxxxxxxx - Claimant

 

 

 

And

 

 

 

xxxxxxxx – Defendant

 

 

 

Defence:

 

1. I, xxxxxxxx of xxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxx representatives – BryanCarter & Company, solicitors.

2. The Claimant is attempting to conduct this action contrary to section 35 of the County Courts Act, 1984 as the Defendant notes the Claimant has divided one cause of action into two separate claims, which is unlawful as stated in the Act:

· 35 Division of causes of action

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

The Defendant confirms that the Claimant’s representative's initial action in respect of this account was instigated as claim number: xxxxxxxx in the Northampton County Court with a notice of Discontinuance being issued on xxxxxxxx. The Defendant is somewhat bemused that the Claimant is blatantly trying to abuse the process with this subsequent action.

3. The Claimant’s Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the Civil Procedure Rules even allowing for the constraints of the bulk issue system.

·A copy of the purported agreement cited in the Particulars of Claim has not been served attached with the claim form and there is no statement that this is to follow – contrary to CPR – Part 16 – Rule 16.2(2).

·A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged account, has not been served attached with the claim form and there is no statement that this is to follow – contrary to CPR – Part 16 - Rule 16.2(2).

 

4. . It is requested by the Defendant that the court, in accordance with CPR - Part 18, orders the Claimant to comply with the following request for information:

· Inspection of the original written agreement upon which the Claimant’s claim is based and/or for the original agreement to be made available in court.

· A true copy of the written agreement.

· A true copy of the default notice.

· A copy of all statements and/or transactions detailing how said claim of £XXXX.XX has been attained.

· Details of any collection charge(s) added to the account - specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated and what the charge encompasses.

· Specific details of the fees and/or charges levied by any other agency in respect of this account, a detailed breakdown of said fees and/or charges, what each fee and/or charge relates to and on what date said fees and/or charges were levied.

· A true copy of the Notice of Assignment sent by the Assignee to the Defendant in compliance with section 136 of the Law of Property Act, 1925 and proof it was served in accordance with section 196 of said Act.

· ·A copy of the assignment, giving the Claimant entitlement to the make the claim.

· A genuine copy of any notice of fair use of the Defendant’s data as required by the Data Protection Act, 1998.

5. The Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

· The general rule

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

6. The Defendant contends that points 2 and 5 above in themselves amount to a clear abuse of the process as the Claimant would be familiar with the law and is endeavouring to bring a claim for monies to which they are not entitled to and knows that this to be the case.

7. Without clarification of the Claimant’s claim, the Defendant is extremely disadvantaged and the Claimant’s claim appears without merit.

8. Further to the 7 paragraphs above, the Defendant is unable to plead effectively or at all. The Defendant is embarrassed.

9. The Defendant respectfully asks the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.

 

I BELIEVE THE FACTS SET OUT IN THIS DEFENCE TO THE BEST OF MY KNOWLEDGE ARE TRUE.

 

 

Signed: XXXXXXXXX

 

is this defence all right ? cheekyone

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My defence, is it allright ?

 

 

In the Northampton County Court

 

 

Claim number: xxxxxxxx

 

 

 

 

 

 

 

 

Between

 

 

 

xxxxxxxx - Claimant

 

 

 

And

 

 

 

xxxxxxxx – Defendant

 

 

 

Defence:

 

.

1. The Claimant is attempting to conduct this action contrary to section 35 of the County Courts Act, 1984 as the Defendant notes the Claimant has divided one cause of action into two separate claims, which is unlawful as stated in the Act:

· 35 Division of causes of action

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

The Defendant confirms that the Claimant’s representative's initial action in respect of this account was instigated as claim number: xxxxxxxx in the Northampton County Court with a notice of Discontinuance being issued on xxxxxxxx.

2.The Defendant Avers that these proceedings are an abuse of process and should be struck out.

4. The Claimant’s Particulars of Claim are vague and prevent the Defendant filing a properly particularised defence. The Defedndant has formerly requested information from the Claimant to allow a proper response to this claim. The Defendant currently awaits a response to that request.

5. Without prejudice to the generality of the foregoing the Defendant avers that these Proceedings relate to an agreement regulated by the Consumer Credit Act 1974 (the Act).

6. The Defendant admits that he entered into an agreement with the claimant. The Defendant avers that such agreement did not contain the prescribed particulars and is unenforceable. Further the Defendant avers that the Claimant must prove that the agreement was enforceable at its' inception and at all times thereafter. The Defendant does not admit that the agreement was enforceabler. The Claimant is put to strict proof as to the enforceability of the aforesaid agreement

7. It is averred that before these proceedings may be commenced a default notice complying with the requirements of both the Act and regulations made thereunder must first be served upon the Defendant. It is not admitted that the Defendant has been so served. The Claimant is put to strict proof as to the content and service of any such notice.

8. The Particulars of claim assert that the Defendant is indebted to the claimant in the sum of XXXX but do not disclose how the sum claimed has been calculated.The Defendant therefore does admit that he is indebted to the claimant as alleged or at all. The Claimant is put to strict proof as to how the sum claimed has arisen

 

9. The Claimant fails to plead that this claim concerns an agreement regulated by the Consumer Credit Act, 1974. However, the Claimant claims interest pursuant to section 69 of the County Courts Act, 1984 which the Claimant should surely know they are not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order, 1991 (SI 1991 No. 1184 (L. 12)) in particular section 2(3)(a), which clearly prohibits such an award:

2(3) Interest shall not be payable under this Order where the relevant judgment - (a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974;

10. The Defendant contends that these proceedings in themselves amount to a clear abuse of the process as the Claimant would be familiar with the law and is endeavouring to bring a claim for monies to which they are not entitled to and knows that this to be the case.

11. Without clarification of the Claimant’s claim, the Defendant is extremely disadvantaged and the Claimant’s claim appears without merit.

 

Statement of truth

I believe the facts set out in this defence are true

I am the Defendant

 

Signed: XXXXXXXXX

 

is this defence all right ? cheekyone

 

I've taken the liberty of amending it - some of the stuff I've taken out needs to be treated separately.

 

By the way claims issued from the Northampton Bulk centre don't have to have the agreement attached

Edited by I've got no money

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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At this stage I wouldn't file the defence just yet.

 

I'd file the Acknol of service saying that you intend to defend the whole claim

 

I'd do both a request for further information of the claim and also a 31.14 request for information - but just make it relevant info - I presume that its' not been assigned - so you don't need to ask about assignments - I'd change the response time in the letters from 14 to 7 days. After 7 days I would chase them.

 

When did you get the summons and how much is the claim for

 

There are really two ways to handle this - you have to file your AoS NOW in any event - one is to make an immediate application to strike out the claim as an abuse of process the other is to wait until after you've filed your defence and see what BC do - cos they may wityhdraw it again - if they don't you can apply to strike out at thast point

Edited by I've got no money

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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How on earth does this man get away with calling himself a solicitor?

We need to start a BRYAN CARTER FAN CLUB

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How on earth does this man get away with calling himself a solicitor?

We need to start a BRYAN CARTER FAN CLUB

 

Because the SRA is useless - unless a Solr steals from a client they just don't seem interested...


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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Yes I reported him to SRA, they didn’t even reply.

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I got the summons yesterday and the claim is for £3235

 

thanks guys

Edited by cheekone

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I got the summons yesterday and the claim is for £3235

 

thanks guys

 

In that case - do the CPR letters today

 

Give it a week - file your AoS and do a chasing letter to BC - give them another 7 days

Then a week later - amend the defence to put in the date of the two letters and file it with the court

 

 

So

1. Today - send CPR 31.14

2 7 days from today file AoS AND Chase CPR 31.14

3. 14 days from today - amend defence and send to 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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One tiny, pedantic point : you state that BC has divided the claim into two separate claims. How do you know it is two?

 

All you can say at this point is he has divided the claim into more than one.

 

Taking this point further, he has claimed for part of the alleged debt. How do you know he is ever going to claim for any of the balance? He may never do so in which case he hasn't divided the claim at all, he has just claimed for a part of the debt.

Hence you cannot say he has divided the claim until he produces another claim for the balance of the alleged debt (or part of it).

 

 

One tactic you might like to consider is to pay the judgment amount knowing that is only a small part of the total but you can be assured that BC (or anyone else for that matter) cannot claim for the rest. You will be settling the debt for a fraction of the total - and if you pay promptly (within 30 days) the judgment will not even go onto the register.

Depends of course on whether you have the funds available.


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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Bryan Carter , took me to court back in June 2008 for 10% of the claim and discontinued now hes taking me to court for the full balance, thats splitting the claim to me ?

 

cheekyone

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I may be wrong but I was under the impression that if Bryan Carter or anyone for that matter discontinued a claim, they could not take the same debt back to court without permission from the court. Maybe a more legal minded member could clarify that.

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I may be wrong but I was under the impression that if Bryan Carter or anyone for that matter discontinued a claim, they could not take the same debt back to court without permission from the court. Maybe a more legal minded member could clarify that.

 

Yes - they have to get permission - to issue without permission is an abuse of process


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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Hi Guys, I believe i can make a complaint to the police for harrasment against Bryan Carter, would that be better done after its been to court or now ?

 

cheekyone

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Bryan Carter has discontinued again :-D Just hope he doesn't try again

 

thanks for all your help

 

cheekyone

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cheekyone I hope you are going for costs and well done

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Rev Ian,

 

I will do if someone tells me how :D

 

cheekyone

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Here is one I used. I am happy for you to adapt it if you want to use it. You send it to Carter only with form N252. I was not dealing with Carter and sent mine recorded but as its Carter I would send it Registered and charge him in the costs. Form N252 you can download from the court website I will help you fill it in. Carter gets 25 days to reply or we ask the court for a default costs certificate.

Case No. XXXXXXXXXXXX

 

IN THE NORTHAMPTON (CCBC) COUNTY COURT

 

BETWEEN -

 

XXXXXXXXXXXXXX- CLAIMANT

 

and

 

XXXXXXXXXXXX - DEFENDANT

 

DEFENDANT'S BILL OF COSTS

After Service of the Claimant's Notice Of Discontinuance

 

Costs Payable By The Claimant

CPR 38.6 and CPR 44.12(1)(d)

On XXXXXXX 2009 the claimant commenced proceedings in relation to an alleged account held by the defendant with the claimant.

 

A defence to the claim was submitted on XXXXXX 2009.

 

On XXXXXXXXXXX the Claimant served Notice of Discontinuance of the whole of its claim this notice was received by the defendant XXXXXXX 2009.

 

At all times the defendant was a Litigant in Person within the meaning of Litigants in Person (Costs and Expenses) Act 1975 and time spent by the Defendant is charged herein at an hourly rate of £9.25.

 

The case, being one relating to an account, required the defendant to spend time in locating and examining the documents and statements relating to the account, in order to determine whether or not all financial obligations had been fully discharged at the time.

 

The Defendant was obliged to spend time in considering and understanding numerous strands of law, including the Consumer Credit Act 1974 and all subsequent amendments thereof, and the Unfair Terms in Consumer Contracts Regulations 1999.

 

The Defendant was obliged to spend time in drawing his/her defence, requests for information under the Civil Procedure Rules. The Defendant was further obliged to consider the Notice of Discontinuance and its effect upon the litigation and his consequential rights and obligations to include his rights and obligations upon the matter of costs and the relevant rules and practice directions of the CPR in reference to the detailed assessments of costs as applied to Litigants in Person.

 

The following is a statement of the work done in the course of the proceedings. Where there is a charge for time spent, the amount of time recorded as spent represents the Defendant's fair estimate of the amount of time spent by him-

Claimed £234.49

1 17/02/09

Particulars of Claim

2 20/02/09

Acknowledgment of Service

 

3 02/03/09

Defence

 

5 Date XXXXXXXXXXX

Claimant's Notice of Discontinuance

 

6 Work Done

Receiving and considering the Claim Form and the Particulars of Claim (3 hrs) £27.75

Searching for and locating paperwork relating to the alleged account (2 hrs) £18.50

Acknowledgment of Service (1hr) £9.25

Research regarding consumer law (3 hrs) £27.75

Preparing defence (3 hrs) £27.75

Receiving and considering Notice of Discontinuance (1hr) £9.25

Research regarding CPR 38.6 and CPR 44.12 (3 hrs) £27.75

Research regarding detailed assessment proceedings and Litigant in Person (Costs and Expenses) Act 1975 (4 hrs) £37.00

Preparing Bill of Costs and Notice of Commencement of Costs proceedings (2 hrs) £18.50

 

Time spent in writing letters CPR 31.14 request and CPR 18 request (3 hrs) £27.75

 

Recorded Delivery charge for letter requesting information pursuant to Civil Procedure Rules Part 31.14 £1.08

Recorded Delivery charge for letter requesting information pursuant to Civil Procedure Rules Part 18 £1.08

Recorded Delivery charge for Bill of Costs and N252 - £1.08

 

Total Costs Payable To The Defendant £234.49

 

 

Dated : XXXXXXXX 2009

 

Signed :

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Bryan Carter has discontinued again :-D Just hope he doesn't try again

 

thanks for all your help

 

cheekyone

 

Have you been advised of this from the Court or just Bryan Carter. Please check with the court that this has been discontinued.:)


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I will phone the court Monday to confirm it has been discontinued, and thanks Rev Ian , i will be after your help once i get the form

 

Thankyou cheekyone

Edited by cheekone

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