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Help with a County Court Judgement **SUCCESS**


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Hi there,

 

My missus today received a letter from Northampton CC. It was a claim form for Royal Bank of Scotland, via Bryan Carter Solicitors for £669.97.

 

She has never had anything with RBS, however she used to have a credit card from Natwest, which I think this might be.

 

This has come out of the blue, and I dispute the amount as well as the claimant.

 

Help?

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Bryan Carter is noted for swift action amongst other things. He uses very underhand tactics and you need to respond. Failure to respond will give old Bryan what he wants, judgement by default. You also need to use CPR and get the CCA. Someone with more knowledge will be along shortly. How old is the debt?

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If you are disputing this debt you need to fill in the reponse form which should have come with the summons?

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

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Ok you need to fill in the acknowledgment of service and you are defending all of the claim.

And send this to Carter asap. Recorded delivery and keep a Copy.

Bryan Carter & Co

De Havilland Drive

Weybridge

Surrey

KT13 0NT

Dear Sir,

 

Re.XXXXXXXXXXXXXXXXX v XXXXXXXXXXXX Case No.XXXXXXXX In Northampton County Court

 

CPR 31.14 Request

 

On XXXXXXXX 2009, I received the Claim Form in this case issued by you out of the Northampton 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 the documents 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 should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your 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 to include an obligation to recover and preserve such version 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

PRINT NAME

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  • 1 month later...

I posted teh above letter ages ago, and did not have a response, over the weend we got a court allocation form, saying it has been allocated to the local cout, and we need to fill out the form saying we understand this by tomorow(good old post office). Have filled it out, and have had no response from bryan carter(the letter was sent recorded and signed for). Any further advice?

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  • 3 weeks later...

Hi captain wesker , what did you put on the origonal court forms in the way of defence? .also what was the POC on the claims form?. how did you send letter to Bryan carter and if recorded delivery when was it received ? you need to document all correspondance if possible.

sleepingdog

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have moved this to legal issues for more attention

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Hi captain wesker , what did you put on the origonal court forms in the way of defence? .also what was the POC on the claims form?. how did you send letter to Bryan carter and if recorded delivery when was it received ? you need to document all correspondance if possible.

sleepingdog

 

I put we had no knowlegde of the debt, nor any debt with RBOS.

 

Whats the POC?

 

The letter was sent recorded, and I know it arrived a few days after.

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Hi CW ,the POC is the particulars of claim ( normally states when agreement set up ,possibly stating that you were defaulted etc ) this is what bryan carter should be relying on in court . If he states that a agreement exists then he would need to provide one to the court if you were to defend. you state that you know the CPR 31.14 arrived but you really need to print off a copy to prove to the court that it did actually arrive. The POC should also state who is taking the action against you , is it RBOS or have they sold the debt on to Bryan Carter.

sleepingdog

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Hi CW , one other thing ,bryan carter is known for claiming parts of a debt (usually to cover his costs) is the amount claimed on the court paperwork around the total owed on the Nat West CC or is it a smaller amount.

sleepingdog

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Hi, Another letter from Bryan Carter.

 

They have still not provided any proof this debt exists.

 

The letter states they have received the defense from the court and note the contents. The want to settle the matter before the hearing, and avoid either party incurring costs.

 

They want to settle if we pay them the full amount in 28 days or agree to pay £50 a month. The £50 a month figure is more than the full amount figure, and the full amount figure is more than they are originally claiming.

 

The court has suspended the hearing until 20/11 as the judge thinks it is suitable for mediation.

 

What should I do? We are not paying something we do not owe, and Bryan carter provided no documentary evidence when he made the claim and has refused to supply any.

 

Can I claim against them for wasting my time, compensation for having to attend the court, and money for postage etc?

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Hi CW if the case does go to court and if you win you can claim your costs eg cost of attending court ,parking travelling and even time spent investigating case. It may be a good time to send a SAR request to RBS to see if any charges are on account that you may reclaim.

sleepingdog

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Hiya,

 

 

Can you post up what they have for particulars of claim?

 

just to confirm you sent a cpr request and they have sent notheing back except you owe £xxx

 

 

you have sent back AQ on what date?

 

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

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