Carter claimform - old Egg Loan 'debt' - stayed

[BonM]

Well my defence was already supposed to be in, but as Bryan Carter did not send me the documents, I couldn't submit it, apparently I had 28 days from the 26th January, I then sent carter the letter and I have niot received a response from them, so do not know what to do now. I am really stuck and have no idea what I should do now, any advice would be greatly appreciated.....

[DonkeyB]

GET YOUR DEFENCE IN! Just because he doesn't respond is no reason for you not to - otherwise he will win by default! Get the embarrassed defence in NOW! Just hope it isn't too late...

[BonM]

I don't know what the embarassed defence is! Can someone help me? and I will do this tonight when i get home

[DonkeyB]

What was the date on the actual claim form?

[DonkeyB]

This would almost certainly have been assigned fast track, so CPR definitely would have applied, whatever Carter says.

 

We need to get your form in, dated last Friday, and posted urgently. Will dig out an embarrassed defence. And hope like hell they have a backlog of post.

 

My worry is Carter may already have applied for judgment by default because you have not responded. The lesson is never to ignore what court documents tell you to do! Was your claim via Northampton?

[DonkeyB]

Also, did you acknowledge service to receive the extra 14 days?

 

BonM, you need to get this done URGENTLY! Not tonight or tomorrow, but today!

[vint1954]

V short ED.

 

Normal court heading.

 

I xxxxx of xxxxxxxxxxxxxxx am the defendant in this case.

 

1. The Particulars of Claim issued by the Claimant, discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR.

 

3. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

2. BC have failed to respond to CPR 31.14 letter dated xxxxxxxx, requiring disclosure of the documents that the Claimant seeks to rely on in court.

[DonkeyB]

Thanks Vint! Hero!

 

Here's the other bits to add around it:

 

 

IN THE (NAME) county court Case No

BETWEEN:

 

Give Claimant's Name (Claimant)

 

and

 

 

 

You - Give Name (Defendant)

 

 

 

 

DEFENCE

 

 

(Insert Vint's bit here)

 

I, (your name), believe the above statement to be true and factual.

 

DATED:

 

SIGNED:

[BonM]

Thank you very much, I am at work at present, though I do have my reference number, I shall see if I can do this now! I did acknowledge online giving me the extra 14 days, yes, the claim was via northampton. The date was 22nd January, received on 27 January, I acknowledged same day stating my intention to defend. and also sent the CPR, had no response from BC. I realise now I should have acted sooner, I was under the impression I shouldn't do anything further until I received a response if any from BC, which is what I am doing now. I am currently trying to call the court to see what I can do....if anything and explain the situation to them...is that a wise thing to do?

[BonM]

OK spoke to Northampton CCBC and they said no judgement has been entered as yet, so I need to fax my defence over to them now and call them back immediately and they will enter it in.

 

Thank you again for all of your help so far, I will keep you updated. Your help is greatly appreciated.

[DonkeyB]

Phew!

 

Carter missed a trick!

[BonM]

OK! Result! Donkey and Vint thank you both so much for your help, I have been able to stop the judgement, they had not applied for it, and I have spoken to Northampton Court, they have received my defence and now I must await further action/response from Bryan Carter, they assured me that my defence was sufficient enough to stop judgement and was received by them before they had received a judgement entry from BC. I can not thank you all enough for your help and I will update on any future events. Many thanks, from a very happy/relieved BonM!

 

M

[DonkeyB]

That's good. The next step will be a letter from the court stating your defence has been received, that it has been sent to Carter, and that he has 28 days to proceed. If he pays the fee, then AQs will be issued at which point you can ask the judge to direct Carter to reveal the documents.

 

In the meantime, you should write to Carter and tell him he is in breach of your CPR request (enclose a copy of the original request), and give him another seven days to comply. Do this recorded, and copy in the court, asking them to attach the correspondence to your defence file.

 

If Carter continues to fail to comply, this will demonstrate to the judge that you are attempting to resolve the issues and save the court's time.

[BonM]

Hi Donkey, thanks for that, I trawled through previous threads and managed to grab something to that effect, I will draw up my own copy and send off today, also sending a copy to the court (wasn't aware needed to cc court, so thank you) will keep updated!

[DonkeyB]

Hi Donkey, thanks for that, I trawled through previous threads and managed to grab something to that effect, I will draw up my own copy and send off today, also sending a copy to the court (wasn't aware needed to cc court, so thank you) will keep updated!

 

You don't have to copy in the court. I just think it's good practice.

[vint1954]

Certainly agree DonkeyB, it pays to copy the court manager in.

 

BonM,

 

You can play around with this letter.

 

Dear Sir,

 

Re: xxxxxxxxxxxxxx v xxxxxxxxxxxxxxx Case No: xxxxxxxxxx

 

CPR 31.14 Request

 

I am disappointed that you have failed to reply to my letter to disclose documents, under CPR 31.14, which was issued to yourselves on xxxxxx.

 

Further to my CPR 31.14 request, I note that all of the vital documents remain outstanding.

 

1. The agreement, a true copy of both sides of the original executed and signed 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 originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. The Default Notice

3. The termination notice

 

4. Any other documents mentioned in the Particulars of Claim

 

5. The Deed of assignment.

 

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 no more than 5 days of receiving this letter.

 

I would remind you that 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.

 

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.

 

Again, 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

 

c.c. Northampton Count Court – Court Manger.

[vint1954]

Then after 6 days, if no response to letter above, send this one:

 

Dear Sir,

 

Re: xxxxxxxxxxxxxx v xxxxxxxxxxxxxx Case No: xxxxxxxxxxxxxx

CPR 31.15 Request

Further to the above case number, I have sought a copy of the original agreement and other documents that you mention in your POC. Despite numerous requests under CPR 31.14, you have failed to supply this documentation.

In an attempt to again resolve this issue, I now require sight of the original executed agreement and other documents previously requested for disclosure, as I am allowed to do under CPR 31.15.

You will note that under this rule, you must allow me inspection or the original document(s) within 7 days of the date of this letter.

 

I look forward to your urgent response.

 

Yours faithfully

c.c. Northampton County Court Manager.

[DonkeyB]

Brilliant as ever, Vint

[BonM]

Hi Vint and Donkey, I can not thank you both enough for all of your help, I will get this done today and have the other prepared, send recorded delivery and keep proof of postage all together with my other previously filed documents and proof of post etc etc. Thank you again for all of the help and contributions from everybody here so far, the time you all spend giving us advice is wonderful. Not many would take the time to go to such lengths to help others, it is refreshing to see in this day and age. Thank you again.

 

M

[BonM]

OK, so an update for you, I received a letter from the NCC on the 3rd of March stating the following.

 

I acknowledge receipt of your defence. Acopy is being served on the claimant (or claimants solicitor). The claimant may contact you direct to resolve any dispute. If the dispute can not be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

For Court Manager

 

 

I will follow on with another post shortly....

[BonM]

Today 26th March, I received a letter from Bryan Carter & Co Solicitors, This letter is dated 25th March, stating the following.

 

Dear Sir,

 

We are in receipt of your recent defence from NCC Bulk Centre and note the contents.

 

In an attempt to settle this matter before hearing and in order to avoid the either party incurring further costs, we confirm on a without prejudice basis we are prepared to accept in full and final settlement of the debt the sum of xxxxx provided payment is received within 28 days of the date of this letter (25th March) If you are unable to raise these funds immediately we confirm we are willing to accept payment of the full balance by monthly instalments of xxxxx.

 

We enclose two consent orders for your use. Please sign and return to us within fourteen days the consent order you wish to proceed with (either settlement in full of Xxxxx OR monthly instalments of xxx) (Enclosed is a stamped addressed envelope for your convenience). If we do not hear from you we will apply to Court to strike out your defence at hearing which if successful will result in further costs being payable by you.

 

We look forward to hearing from you and hope we can agree to settle this matter out of Court.

 

Yours faithfully BC & Co

 

 

So, basically they have ignored all my requests and letters I have sent them, even ignoring the fact my defence states they have failed to comply with this and breaking the law.

 

I am tempted to just ignore this, but then, I am not sure I should, please advise on the above two posts as to what my next course of action should be. Thank you all again for your help and support so far.

 

M

[DonkeyB]

That means they haven't a pot to p*ss in... it doesn't even warrant a reply...

 

Except to say where are the documents I requested under CPR?

 

Mr Carter's testes are once again in the clenched fist of a Cagger.

[BonM]

Thaks for that Donkey, should I just send off another request for the docments under CPR and not even mention the letter he sent me?

[the_shadow]

Personally I would send a response as I'm the nervous type

 

I would just state that you note his threats and request for settlement but you couldnt possibly settle a debt which you have yet to have had proved and unless he provides the documents requested previously in the CPR 31.14 request its impossible to amend the defence and you look forward to requesting disclosure from the judge to enable a more comprehensive defence to be filed, and of course this added expense will be claimed back from Mr Carter in the form of costs due to his non-compliance with CPR.

 

S.

[BonM]

Thanks for that shadow, I was thinking along those lines yes. I will draw something up in the morning and send off first thing monday recorded delivery. Will update, I am assuming that, as per post #45 the following still applies even if i do respond?

 

"Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

 

Above is from the court. as per post #45

 

Cheers

 

M