Bryan Carter Solicitors, CCJ paperwork!

[m2000]

Hello,

 

Today, totally out of the blue a CCJ Claim Form arrived from Northampton County Court, this was filed by Bryan Carter Solicitors acting for Arrow Global.

 

I have not had any previous correspondance from Bryan Carter relating to this or from Arrow Global. I am unaware of any outstanding debts.

 

The sum they are claiming is £282.64 plus costs.

 

The particulars of claim read:

 

"the claimant claims 282.64 being the balance of consideration outstanding to it under a/c number XXXXXXX in respect of services rendered to the defendant.

 

the claimant also claims interest thereon pursuant to s.69 county courtact 1984 limited to one year to the date hereof at the rate og 8% per annum, amounting to 7.87."

 

Please anyone help with a statement for me to use on the moneyclaim website to defend against the CCJ.

 

I have no idea about money owed, know nothing of the Arrow Global or Bryan Carter!!

 

HELP!!!

Thanks

[diamondgirl]

Hi

The first thing I would do is get a CCA request off to Carters make sure you enclose the £1 PO and write on for CCA request only send by RD at the very least.

If you have no idea at all what this debt is for I would make sure I did the AOS stating that you intend to defend all as you have no knowledge of this debt thats all you need to put. Make sure you print a copy of your response out. Remember it is up to the muppets to prove the debt is yours and going by threads on the forum and from what I know of them where I work they don't know what day of the week it is.

 

DG

[ScabHunter]

Christ! How low can Carter sink!

 

If you have posted in good time, it shouldn't be difficult to see this [EDIT] off.

 

Have you acknowledged service yet?

 

SH

[m2000]

I have also just noticed that they have spelt my name wrong (one letter different) should this also be mentioned?

 

What would be the best way of putting my situation onto the moneyclaim online site?

 

I havn't actioned anything as yet... want to get it done this weekend as it really is stressing me out!!

 

Thanks again

[ScabHunter]

Forget about the stress - let's give some to Carter instead.

 

The first step is to go on to the Moneyclaim site and acknowledge service, stating that you will be defending all of the claim. This gives you 33 days from the date of the claim form to submit a defence.

 

The next step is to get some letters ready to send to Carter demanding information under the Civil Procedure Rules.

 

Back in a minute.

 

SH

[m2000]

Forget about the stress - let's give some to Carter instead.

 

The first step is to go on to the Moneyclaim site and acknowledge service, stating that you will be defending all of the claim. This gives you 33 days from the date of the claim form to submit a defence.

 

The next step is to get some letters ready to send to Carter demanding information under the Civil Procedure Rules.

 

Back in a minute.

 

SH

 

 

Many thanks SH,

 

I have logged onto MoneyClaim and selected the Acknowledge Service option.

 

Your help with this is appreciated!

[ScabHunter]

The most powerful of the Civil Procedure Rules under which you can demand information is CPR 31.14. Have a look here -

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

 

As you will see from the following rule, CPR 31.15, the claimant has to provide the requested document within 7 days.

 

The limit of CPR 31.14 is that you can only include documents mentioned in the Statement of Case. In this case, you are limited to the agreement. Even that isn't specifically mentioned, but an account number is. Without some form of contract being entered into, there cannot be an account number.

 

The biggest difficulty here is that we do not even know what the account number relates to, as it doesn't even seem to be the defendant's account. It could be a loan, credit card, or bank account overdraft.

 

Nevertheless, we have to go with what we have, so I would send the following letter by Special Delivery -

 

"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 the following document mentioned in your Particulars of Claim:

 

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.

 

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 document 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

 

(NAME - print, don't sign)"

 

 

SH

[ScabHunter]

The other important rule is CPR 18.

 

PART 18 - FURTHER INFORMATION - Ministry of Justice

 

This is more versatile, in that you can request information whether or not it is contained in a Statement of Case. It is less powerful, however, because it relies on the court to enforce it. You can't make an application using N244 if this rule is not complied with, as you can with CPR 31.14.

 

With pitiful PoC such as Carter's, it is important to make use of this.

 

Also by Special Delivery, I would send this -

 

"In the Northampton County Court

xxxxxxxxxxx -v- xxxxxxxxxxxx

Claim Number: xxxxxxxxxxxx

 

 

Dear Sir/Madam

 

REQUEST FOR INFORMATION - CPR PART 18

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge 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 covers.

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

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

(NAME - print, don't sign)"

 

 

SH

[m2000]

Many, many thanks SH...

I will get that sent over to them first thing on Monday! Will keep you updated!

 

Thanks again

[ScabHunter]

Other considerations -

 

1. Carter never complies with CPR requests. Don't expect to receive any information in response to these requests. They are made so that you can include Carter's non-compliance in your defence, and then challenge him again at the Allocation Questionnaire stage. Eventually, if he wants to continue, he will need to produce some paperwork.

 

2. Carter usually bottles out at the AQ stage if people stand up to him. There are no guarantees, of course, but this character likes easy fights. That is why we are making it as difficult as possible for him right from the start. You will then be able to issue an order for your costs. Have a look at this typical case -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/170673-bryan-carter-ccj-can.html

 

3. Earlier in the thread you were advised to send a CCA request to Arrow Global. The problem in this case is that the nature of the account is unknown, as it doesn't even seem to belong to the defendant. Do you make a request under Section 77(1) [fixed sum credit] or 78(1) [running account credit]?

 

With a quoted account number, it would still be possible to make a request, but you wouldn't be able to use the template letter. You would have to make it clear that you have an account number but that you don't know what it relates to. Therefore you are making a request pursuant to Section 77(1) if the account number relates to fixed sum credit, or Section 78(1) if the account number relates to running account credit.

 

Also include a paragraph stating that if there is no account with this number relating to , please confirm this in writing. If they did, of course, they would be admitting that their claim has no basis.

 

It is a pound to a penny that your request will be ignored, which will just strengthen your case as the claimant will be in default of it when the matter goes to court.

 

4. Another possibility is to send a Subject Access Request to Arrow Global requesting all information they hold on you relating to . If you have never held this account, they will not, of course, be able to produce anything.

 

The disadvantage of this is that it wastes £10. It really is your choice. With Carter, I wouldn't send it. I would just challenge him at the AQ stage.

 

5. This defence is going to need to be tailored to this case, as it is so dissimilar to any other that we have seen. Time to start working on it now, assuming that Carter will ignore your requests. He will.

 

SH

[NailPost]

As soon as Carter receives the request for documentation the next letter you'll receve will be a notice of discontinuance. The sum he's chasing won't be worth his while to provide you with the required paperwork.

 

When that note arrives start making noises in the general direction of Arrow Global - they "instructed" Carter to instigate legal action. Ths would be by way of asking for their complaints procedure and making a general nuisance of yourself demanding to know wtf is going on.

 

Also make a complaint to the Socicitors Regulation peple. They know all about Carter and try and behave as if he's doing nothing wrong. But one day there are going to be too many complaints against this one firm of solicitors and even the Law Society will have to take a look at what's occurin.

[m2000]

Thanks to you both for all your help and time. I will get the 2 letters sent off on Monday, hopefully they will drop the case at this early stage!

 

Thanks again, I will keep in touch and let you know as soon as i hear anything!

[Ell-enn]

Send your letters by recorded delivery and keep a copy, also keep the receipt for recorded and check on the royalmail website in a few days to print off the signature receipt. Kep the receipt safe with the copy of the letter. You may have to prove Carter received it

[m2000]

Hello All,

 

I posted the two letters on Monday, they were signed for on Tuesday.

 

I understand that the first CPR request gives them 7 days to comply.

 

I have had no reply from Bryan Carter Solicitors.

 

What is the next step?

 

I am concerned that I have not yet submitted a defence online, do I only do this once the 7 days for BC to reply is up??

 

Sorry if I have missed anything...

 

Thanks

M2000

[vjohn82]

Don't panic about a defence... it will be easy to put one up for you considering that you did not know Arrow Global own the alleged debt.

 

Have a look at my thread where I had something similar.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/231293-help-defence-ws-required-3.html#post2575883

 

There is my full defence and yours is practically the same

[ScabHunter]

What is the timescale on this? If you don't know when the defence has to be in by, make sure you find out.

 

You want to allow plenty of time, but it would be helpful if Carter was in default of both CPR requests before defence was filed.

 

SH

[m2000]

Hi SH,

 

Thanks for getting back to me..

 

The issue date on the Claim Form I recieved is 13th of Nov. I have submitted an Acknowledgement of service.

 

I understand this gives me 28 days to submit defence (from the 13th Nov)

 

I obviously want to ensure I get my defence in in plenty of time. BC have not yet replied to either of the CPR requests which I sent last week.

[ScabHunter]

Carter will never reply to anyone's CPR requests. They are submitted solely to allow you to report his non-compliance to the court.

 

It should be 33 days from the date on the form, because there are days allowed for postage and delivery. You can submit a defence online provided it is short enough. In this case, it certainly will be. Next Tuesday is the 1st and the one after is the 8th. I would prepare a defence to submit on the 8th when the time runs out.

 

You can assume that Carter will not comply with your CPR requests, because I have yet to see one single instance where he has.

 

You have plenty of time to craft your defence, but you may as well get it ready now.

 

SH

[m2000]

Hello,

 

Still nothing from Bryan Carter in response to my CPR requests.

 

Can anyone help with writing a defence?? I am not sure where to start really and don't want to get myself into a muddle by wording it wrong!!!

 

Basically they have not complied with cpr requests

I have had no previoous correspondance from them prior to the CCJ form from court and letter from Bryan Carter on the same day saying they "are seeking a court judgement"

I have no knowledge of any debt to Arrow Global and have recieved no previous correspondance from them.

 

Thanks for everyones continued help!

[ScabHunter]

Have you got anything drafted yet, or are we starting from scratch?

 

SH

[vjohn82]

Ok... give me 5/10 mins and I will post you one up

[vjohn82]

This should be adequate for what you have, or more to the point what you don't have, in your possession. It has served me well in the past.

 

 

1. I, [insert full name & address], am the defendant in this action and make the following statement as a defence to the claim made by Arrow Global Limited

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

 

PARTICULARS OF CLAIM

 

3. The Defendant notes that the Claimants' claim is not fully particularised and offers no cause for action and is thus eligible for a strike out under CPR 3.4.2(a).

 

4. The Claimant as failed to disclose appropriate documentation to support the Particulars of Claim, requested under CPR 31.14 and CPR 18, which leaves the Defendant at a disadvantage and unable to plead effectively or at all. The Defendant is embarrassed in pleading to the Claim as it stands.

 

5. The Defendant denies that they are indebted to the Claimant for the sum of £282.64 and puts the Claimant to strict proof of this sum.

 

6. As the Claimant has not provided proof of the debt or the sums claimed the Defendant denies the Claimants claim for interest pursuant to s.69 of the County Court Act 1984.

 

7. The Defendant respectfully requests that should the Claimant be ordered to disclose the appropriate documentation that an amended defence be submitted in response.

AND the Defendant;

34. Seeks an order that the Claimant’s action is struck out under CPR 3.4.2 (a), or otherwise dismissed, on the grounds that any claim cannot succeed and that the Claimant do pay the Defendant’s costs incurred in defending this action.

[vjohn82]

Thinking about it... perhaps a paragraph about the Claimant's right to bring action would be appropriate too... but this would also infer to the court that the Defendant knows what this debt is for and knows that an assignment would have been likely.

 

I would say it is best to submit this first... if they have no documentation then game over anyway. If they do supply documents we can then challenge the assignment of the debt under s.196 of the Law of Property Act 1925 as it would appear at that point that assignment was unlawful.

 

Any views on this appreciated but I think that's the way to go.

[m2000]

Good morning all,

 

Thanks for your replies.

 

I am starting from scratch and rather embarrasingly don't have a clue where to start, I understand there is a set structure to use for putting the defence forward?

 

Vjohn82- many thanks for helping with this.

[vjohn82]

Good morning all,

 

Thanks for your replies.

 

I am starting from scratch and rather embarrasingly don't have a clue where to start, I understand there is a set structure to use for putting the defence forward?

 

Vjohn82- many thanks for helping with this.

 

Sorry should have made it clearer... the defence I posted above for you IS YOUR defence.

 

Nothing else can be done to it until they have supplied documentation. So this is the one which should be submitted.

 

There is a format to use for the front page and then you need a statement of truth at the end.

 

i.e.

 

FRONT PAGE

 

 

In the [insert court name] County Court Date: [insert date of submission]

Between Case Number: [insert case number]

 

Defendant: [insert your full name]

 

 

 

 

 

 

Arrow Global Limited

Claimant

 

 

vs

 

 

[insert your name]

Defendant

 

 

DEFENCE

 

 

STATEMENT OF TRUTH

 

 

Statement of Truth

 

I, [insert name and address], believe that the facts in this defence are true.

 

Signed ___________________________

 

Date 16 November 2009