Carter claimform - old Cap1 card **SETTLED BY TOMLIN**

[emmaf01]

I feel BC are trying to pull a fast one. They have admitted they don't have the documents and have had to refer back to Cap1, but have not contacted us or the court.

 

Do I put the defence in quickly? If not they can go for a judgement.

[emmaf01]

I wish we could have recorded that call! Both calls made no sense- the first said they didn't need to contact us, just the court who they said they had contacted. They haven't.

 

The second said it had been put on hold on the 28th. But no-one contacted us at all. They are supposed to be getting back to us to clarify what is going on. I am not holding my breath.

 

Can someone say if our defence is alright- if they haven't given us anything in writing I want to get that in asap.

[MandM]

Get them to confirm their agreement to the extension to you NOW.

 

If not, you will have to submit your defence.

 

BC always hopes for a win by default. If he doesn't get it then it's 50/50 whether or not he'll carry on,

 

M

[DonkeyB]

Perhaps email Carter asking if they require a 14 day extension to produce the required documents. Make clear that you will be entering an embarrassed defence otherwise. Tell them you require their request by return. In this email, confirm back to them (in writing!) what they have said to you on the phone – if they don’t counter this, then that’s corroboration and acknowledgment of the content of the phone call.

 

If they ask for the extension, confirm by email to Carter then write to the court by special delivery; copy in Carter.

 

It’s important to keep an audit trail for this; if they discontinue, irrespective of the track, you can claim costs as you would easily be able to show they have behaved unreasonably.

[MandM]

I wish we could have recorded that call! Both calls made no sense- the first said they didn't need to contact us, just the court who they said they had contacted. They haven't.

 

The second said it had been put on hold on the 28th. But no-one contacted us at all. They are supposed to be getting back to us to clarify what is going on. I am not holding my breath.

 

Can someone say if our defence is alright- if they haven't given us anything in writing I want to get that in asap.

 

If you don't get confirmation then go with the ED. It doesn't have to be too specific as long as it's saying that you will submit your full defence as soon as BC comes up with the requested info - say 14 days thereafter or words to that effect.

 

M

[emmaf01]

Does anyone have an email address for BC? Trying to get it out of them is like pulling teeth!

[DonkeyB]

They have sent stuff out from

 

[email protected]

 

Suggest you ask for confirmation of receipt.

[emmaf01]

Any ideas what to include in the email- do I mention the dreaded "abuse of process" and that I find their behaviour deliberately obstructive?

[MandM]

Any ideas what to include in the email- do I mention the dreaded "abuse of process" and that I find their behaviour deliberately obstructive?

 

Probably a waste of finger energy lol. Just try for the extension agreement for now.

 

Some wording for your ED if all else fails.......

 

 

x. The Defendant respectfully requests the leave of the court to amend this defence if and when the Claimant provides sufficient information for the Defendant to do so.

 

 

M

[emmaf01]

Thanks for that, M. ED amended.

[emmaf01]

M and DonkeyB, I've sent you PMs to have a quick look at if that's ok.

[emmaf01]

Due to an accident of button clicking, I've sent BC the email already. I am an idiot at times. Hopefully it's not to illiterate for them to understand.

 

Now I wait with baited breath for a response....

[MandM]

If no answer soon then ring BC again!!! And again if necessary!

 

Nearly there

[emmaf01]

Well I have got this.

 

Thank you for your enquiry. We will let you have a substantive response either by email, telephone or letter within 5 to 7 working days. If your enquiry is complex or you need to enclose documentation then please write to us at -

 

 

 

Bryan Carter Solicitors

 

11 De Havilland Drive

 

Weybridge

 

Surrey

 

KT13 0NT

 

 

 

If your enquiry is urgent then you may prefer to telephone us on +44 (0) 845 313 3123.

 

 

 

Please do not respond to this email as it is an automated response.

 

 

Please note that the content of this e-mail and any attachment(s) is/are strictly private and confidential and may be the subject of legal privilege. It is for the exclusive attention of the above named addressee(s) and must not be communicated to any other person. We reserve our right to take appropriate action against any person in respect of its unauthorised use.

 

Whilst we take every effort to ensure that this message is virus free we cannot guarantee that this is the case. It is the recipients

responsibility to carry out such virus checks as it deems necessary. We cannot accept any responsibility in this respect.

 

If you are not the intended recipient or the transmission appears to be incomplete or illegible we would be grateful if you would please

notify the sender by return of e-mail and destroy the original message.

 

Thank you for your co-operation.

[sillygirl1]

I would send a covering letter to the court stating that you have allowed them an extension but if they still don't comply then the whole case should be automatically struck out with no leave to appeal on claimant's side.

 

Also claimant should not re-enter a fresh case without having the correct paperwork at time of re-issuing (something they may try a few months down the line....)

 

If they do try and re-issue all you do is cross reference the original case and bye bye Uncle Bryan...

[MandM]

If your enquiry is urgent then you may prefer to telephone us on +44 (0) 845 313 3123.

 

 

I'd say another call is needed. Ask them when they're likely to respond.

[DonkeyB]

If they don’t tell you IN WRITING (by email) today that they require an extension of time, then get your embarrassed defence in. You could call them and ask if they want it, but I wouldn’t do that unless you can record the call so you have proof.

 

One reason for allowing them an extension is that you are showing your are being reasonable. If they then fail to come up with the docs in time, you can go straight for a strike out and wasted costs.

[emmaf01]

No response as yet. I've got to go out so if I haven't had anything by the time we get back....

[DonkeyB]

There’s also a fax number available, which I could dig out if you have a fax machine to hand.

[emmaf01]

No response. Can't get a straight answer when we ring and no answer to the email.

 

Embarrassed defence in tomorrow then.

[MandM]

No response. Can't get a straight answer when we ring and no answer to the email.

 

Embarrassed defence in tomorrow then.

 

Looks that way. Gives you an insight into the workings of BC. Certainly not to be trusted.

 

M

[emmaf01]

Do I just cut and paste it on the MCOL site? Then do I have to send a copy to BC?

[DonkeyB]

You don’t send BC anything; the court does that. He wouldn’t read it anyway, as you know.

[emmaf01]

Every time I input the defence into the box in MCOL it says it has invalid characters and won't let me input it. What am I doing wrong?

[DonkeyB]

Don’t know – you may have to rekey it.