Bryan Carter Summons - **CLAIM STRUCK OFF DUE TO NON COMPLIANCE BY BRYAN CARTER**

[yousef1973]

PLEASE HELP!!!!!URGENT ATTENTION REQUIRED...PLEASE HELP

 

MY ACCOUNT HAS BEEN PASSED AROUND AND AROUND.

IT IS WITH BRIAN CARTER SOLICITORS NOW.

 

TODAY I RECEIVED county court SUMMONS FOR THE DEBT. ARRIVED TODAY 3 JUNE DATE OF ISSUE 27 MAY

 

I HAVE ASKED THEM AND Egg NUMEROUS TIMES ABOUT CONTRACT, AND THEY FAILED TO SUPPLY.

 

I DID IT THE RIGHT WAY, ALL ENT VIA RECORDED DELIVERY, POSTAL ORDER FOR £1 ETC.

 

THIS ACCOUNT WAS IN DISPUTE WITH EGG TO START OFF WITH, BEFORE THEY STARTED PASSING AROUND.

 

I NOW HAVE SUMMON PAPERS.

 

PARTICULARS OF CLAIM A S FOLLOWS:

the claimant's claim is for the balance due under an agreement which is now all due and payable.

 

the defendant agreed to pay monthly instalments under account number xxxxxx but failed to do so

 

And claimant claims the sum of xxxxxx

 

The claimant also claims interest theron pursuant to s.69 county court act 1984 limited to one year to the date at the rate of 8% per annum amounting to 0.00

 

CAN SOMEONE PLEASE ADVICE WHAT SHOULD I DO, AS I DONT HAVE THE MONEY.

:evil::evil:: evil:

[MARTIN3030]

Has the claim been issued by Northampton ?

Also can you give us some backgound -or a link to any other threads on this ?

[yousef1973]

Has the claim been issued by Northampton ?

Also can you give us some backgound -or a link to any other threads on this ?

 

yes northampton

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/219721-egg-card-moorcroft-debt.html

 

my old link,

[postggj]

if the request was sent by recorded delivery then you have a perfect defence

 

acknowledge the claim with the intention of defending in full

 

ill deal with this later on today

[42man]

Please have a read here - http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html from previous experience when you defend the claim they back down !!

[Ell-enn]

As said above, acknowledge the claim on line with intention to defend all of the claim. You will then get all the help you need on here. As soon as you put in your defence Carter will discontinue. He issues claims in the hope that they are not defended and he gets judgement by default. Don't let him get away with it!

[yousef1973]

I aclnowleged the claim today, stating i will be defending it in full

 

What are the next steps.

 

THanks

[postggj]

Give Me 5 Minutes

[postggj]

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.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored.

 

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 [each of the following / the] document(s) 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(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

 

[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(s) 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

 

 

send this by recorded delivery to carter and watch him panic

 

give me a bell in ten days just in case i have to do an embarassed defence

 

we now have 14 days to get the defence inn

Edited June 4, 2010 by postggj

[yousef1973]

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.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored.

 

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 [each of the following / the] document(s) 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(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

 

[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(s) 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

 

 

send this by recorded delivery to carter and watch him panic

 

give me a bell in ten days just in case i have to do an embarassed defence

 

we now have 14 days to get the defence inn

 

THANKS, WILL GET IT SORTED OVER WEEKEND

[yousef1973]

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.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored.

 

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 [each of the following / the] document(s) 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(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

 

[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(s) 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

 

 

send this by recorded delivery to carter and watch him panic

 

give me a bell in ten days just in case i have to do an embarassed defence

 

we now have 14 days to get the defence inn

 

 

GOT A LETTER FROM BRYAN CARTER SOLICITORS

AS FOLLOWS:

 

WE DO NOT CONSIDER THAT YOUR REQUEST, IN IT'S ENTIRELY, TO BE REASONABLE AS WE BELIEVE THIS SHOULD MOST PROPERLY BE ALLOCATED TO THE SMALL CLAIMS TRACK. IT WAS OUR CLIENT'S POLICY TO ISSUE AGREEMENTS ON OR AROUND THE DATE OF THE CONTRACT AND STATEMENTS THROUGHOUT THE DURATION OF THE AGREEMENT. IF YOU REQUIRE FURTHER COPIES OF THE SAME PLEASE WRITE TO EGG FINANCIAL SERVICES.

 

IN THE MEANTIME WE HAVE REFFERED YOUR REQUEST TO OUR CLIENT AND WILL REVERT TO YOU IN DUE COURSE.

 

YOURS FAITHFULLY

BRYAN CARTER.

 

 

FEW DAYS LATER I RECEIVED DOCUMENTS THROUGH POST..USUAL OLD STATEMENTS, COPY OF TERMS AND CONDITIONS, DEFAULT NOTICE ETC ETC...BUT NO EXECUTED AGREEMENT.

A LETTER ALSO ENCLOSED STATING ALL INFORMATION REQUESTED, SO PLEASE CALL OFFICE TO MAKE ARRANGEMENT OF PAYMENT.

 

CAN YOU PLEASE ADVICE WHAT TO DO???

[yousef1973]

Got A Letter From Bryan Carter Solicitors

As Follows:

 

We Do Not Consider That Your Request, In It's Entirely, To Be Reasonable As We Believe This Should Most Properly Be Allocated To The Small Claims Track. It Was Our Client's Policy To Issue Agreements On Or Around The Date Of The Contract And Statements Throughout The Duration Of The Agreement. If You Require Further Copies Of The Same Please Write To Egg Financial Services.

 

In The Meantime We Have Reffered Your Request To Our Client And Will Revert To You In Due Course.

 

Yours Faithfully

Bryan Carter.

 

 

Few Days Later I Received Documents Through Post..usual Old Statements, Copy Of Terms And Conditions, Default Notice Etc Etc...but No Executed Agreement.

A Letter Also Enclosed Stating All Information Requested, So Please Call Office To Make Arrangement Of Payment.

 

Can You Please Advice What To Do???

[Ell-enn]

Did you send a defence in within the timescale? If not, Carter may have got a CCJ by default.

[yousef1973]

Did you send a defence in within the timescale? If not, Carter may have got a CCJ by default.

 

yes i did, adviced about cca plus they passed debt on yet in dispute

[harrassed senior]

What date was set for the Hearing?

[yousef1973]

What date was set for the Hearing?

 

IT HAS NOT. THE COURT TOLD ME THE PROCEDURE IS THEY WILL PASS ALL PAPER WORK TO BRYAN CARTER SOLICITORS. THEN BRYAN CARTER WILL HAVE 14 DAYS TO RESPOND, IF THEY ARE WISHING TO PROCEED. THEN THE DATE WILL BE ISSUED

[Ell-enn]

I wouldn't be surprised if Carter discontinues - he's not known for actually going to court. He likes to get CCJ by default when people don't challenge him.

[yousef1973]

I wouldn't be surprised if Carter discontinues - he's not known for actually going to court. He likes to get CCJ by default when people don't challenge him.

 

I GOT A DEFENCE LAWYERS WRITE MY DEFENCE.

IT WAS 25 PAGES LONG, SOUNDED VERY THREATHING.

 

I WOULDN'T BE SURPRISED...BUT I HAVE BEEN INFORMED IF THEY PULL OUT THE DEBT GETS WRITTEN OFF...IS THAT CORRECT.

 

I KNOW FOR 100% THEY DONT HAVE A CCA.

[yousef1973]

PLEASE HELP

Hi all, just to confirm the county court summons have finall arrived, hearing in December.

Can someone please advice me what will happen and what I need to do.

Any preparation, if so what?

 

And if I lose what will happen then ?

[yousef1973]

What date was set for the Hearing?

December 2010

Can you advice what I need to do asI am worried, never been to court before.

If I lose in court what will happen then ?

[postggj]

Evening all

 

what do you mean a county court summons has finally arrived

you allready have a claim

 

was the original claim discontinued by mr carter

[yousef1973]

It was postponed,as court could not find a file, but now they have come with a new date which is in december.

I am worried, not sure what to do.what happens if i lose, what will i have to do then ?

[postggj]

Have they accepted your original defence

 

do you need to acknowledge this new claim and re-submitt a new defence

[yousef1973]

the defence is accepted, other party have submitted theirs. its all set for december.

am not sure what to do.

would you know what will happen if it goes in favour of lender

[postggj]

As a rule, our friend carter never likes to enter a court room

 

this will prob be discontinued later but to play safe

 

did carter send you a witness statement to rebuff your defence