Brian Carter Court Claim - CCA received

[eggface]

Hi there!,

 

Thought i'd start a new thread. Old thread:

http://www.consumeractiongroup.co.uk/forum/legal-issues/216291-mint-c-c-court.html

 

Story so far, court papers received from my mate all defence sent, allocation questionnair sent.

 

Judge then said B.C needs to submit all info by the 19/11/09.

 

Few days later, CCA arrives and all statements received.

 

CCA contains all key information, terms and is signed by me.

 

B.C is now asking for full payment or an offer of £xx per months. I can not afford £xx...i can only afford half of this.

 

What i'm asking, will he accept my offer and not what he is wanting??

 

Got a feeling this is alllllllllllll gonna go wrong.

 

He wants this in 28days or he will apply to court to stike out my defence.

 

Thanks All!

[Craftygirl42]

I am not an expert, but have you had a default notice and a notice of assigment too.

 

The default notice is important and you can defend a case on this alone if its non compliant or they cant provide one

[eggface]

no, i have not had a default notice or notice of assignment. Looking back through my paperwork, i did state this on my cpr and draft order for direction with my allocation quesdtionnaire....mmmmm

[Craftygirl42]

This could be why they are pushing for an agreement at this stage, cos they dont have the right documentation. My own case isnt with BC, but they dont appear to have a default notice, or havent supplied one despite being ordered to by the Court, we are now further along the court process. It did take months for my claimant to complete their AQ and only did it when the court said they would strike it out if they didnt receive.

 

Dont give up yet, and certainly dont give in at this stage, you still have a long way to go before thats an option.

 

If you have submitted your AQ, I am assuming you are waiting for BC to submit theirs

[eggface]

hi there. yes, he has submitted his AQ also (with no info on it).

 

I'm bit confused of what to do now, as he will have to comply to the draft order for directions...won't he??

 

shall i just sit and wait?

[Craftygirl42]

Has the court ordered he disclose the documents you have asked for in your directions

[eggface]

i'm 99% sure the court did....but i can't find the bloody letter

[eggface]

ooo, my dads got it. I shall post later on when he returns from somerfields

[eggface]

back again!!, the court has stated all documents from the CPR must be received by the 19th...my CPR requested: Agreement - Default notice - termination notice and statements.

 

good job i came on here...i was about to start paying him!!!

[Craftygirl42]

I assume you mean the 19th November, if so, just sit tight and see what, if anything, BC send you.

[eggface]

hi there!, an update on this one. Its now one day after the deadline. I phoned the court for an update and my mate Brian has not filed anything complying with the CPR 16.4...the court said this will be struck out without further order.

 

The supervisor at the court confirmed this, so this case is struck out??....does this mean i have won???, bit confused of what to do next?.

 

TA! eggy

[DonkeyB]

If he doesn't comply then yes, the case will be struck out - but keep checking with the court to make sure it does happen. If he complies late, they may let the case move on, so keep in contact. Last thing you want to have to do is pay for an N244 to have it struck out.

[eggface]

Okay thank you! I'll keep checking & post back the progress...hopefully this thread will help others in the future

 

Cheers & thanks again for your help - eggy

[spamheed]

Once it has been struck out make sure you go after costs, it's the only way to make Brian realise that actions such as this should not be allowed

[eggface]

UPDATE

Hi there,

I have phoned the court and they have had no docs' from my mate Brian Carters.

They did say they have received a letter from them saying they are no longer acting on behalf of the defendant.

I'm unsure of what this means?

Also, can I go after costs??

Thank you!

Eggy

[DonkeyB]

If the case was brought by Carter on behalf of the client, I don't think he can wriggle out that easily. He is the agent stated on the claim form - so I think he's responsible. He either discontinues or it's struck out - unfortunately the court won't advise you on this (so, HELP! Caggers).

 

All I can suggest is you call the court and ask them if they will therefore be striking out the claim.

 

When this is sorted, send your costs to Carter - you have submitted a defence, but no track has been assigned, so they're due.

 

Eggy 1, Carter 0 (half-time)

[eggface]

Hi again - progress report!

Well well. I've been onto the courts, basically annoying them :o) about this. They said they will not confirm in writing that the claim is struck out, as it will take them ages to do for each individual claim.

Not sure where to go from here, do I send a letter to court and to my mate to confirm the claim is now discontinued?

[palomino]

The fact that BC has withdrawn from the case doesn't mean the case has been discontinued.

It is possible for the claimant to engage another solicitor or even take the case forward themselves (depends who it is I guess).

 

Since you haven't heard anything in writing from the court you must work on the assumption that the case is still live and proceeding. I suggest applying for the case to be struck out, although I'm not knowledgible enough to be able to offer appropriate grounds.

Has a date been set for the hearing? I would ensure you turn up prepared for the case to go ahead just in case the claimant is trying to ambush you.

[B3rty]

have a look at this link for an unless order...keep reading as the post no 10 using N244 is the recommended route

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/134001-suggested-letter-where-claimant.html

[eggface]

The fact that BC has withdrawn from the case doesn't mean the case has been discontinued.

It is possible for the claimant to engage another solicitor or even take the case forward themselves (depends who it is I guess).

 

Since you haven't heard anything in writing from the court you must work on the assumption that the case is still live and proceeding. I suggest applying for the case to be struck out, although I'm not knowledgible enough to be able to offer appropriate grounds.

Has a date been set for the hearing? I would ensure you turn up prepared for the case to go ahead just in case the claimant is trying to ambush you.

 

hi there, the case has been "struck out without further order of the court"...the supervisor at the court said BC is no longer acting on behalf of the client. (BC has sent a letter to them to state this).

 

No date has been set as it is now struck out.

 

The supervisor has then said nothing else has been reiceved and to leave it this late will not go down with the judge (as they need to set a appointment with the judge to say why they didnt comply with the court order).

 

So will the N244 be the way to go? as I want to close this.

 

Tank ya

[DonkeyB]

That's it... you've won! In due course the court should write to you to tell you that it has been struck out.

 

Eggface 1, Carter 0 (full time)

 

Now, it's time to go after Carter for your costs. You need to do this quickly so you can revert to the court for help if necessary.

[palomino]

Aah, you didn't mention the struck out bit earlier (or did I miss it?).

 

If you were notified in writing then your home scot free, and you should follow DonkeyB's advice asap. However the any wasted costs would be paid by the claimant, not BC, becuase the claimant is the one lodging the claim against you.

If you're still waiting for written confirmation then, until you receive such confirmation, the case is still 'live' - particularly if you incur further costs that might be chargeable to the claimant.