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Help needed. Bryan carter issues court claim form.


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I have now received 2 letters. one from the court the other from Bryan Carters.

 

Bryan reads:

Thank you for you letter dated the 5th of April the contents have been noted.

 

We confirm the statements and the default notice information has been sent to you but our client is still trying to obtain the copy of the agreement for you from Egg Banking Plc.

 

We do require a further 14 day extension in order to obtain this document.

 

We look forward to hearing from you in due course.

 

Yours sincerely

BC

 

Court reads:

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).

 

The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot 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.

 

My question is what is my next step after the fourteen days has expired??

 

The card was taken out in 1999 over the phone and as far as i can remember i never siigned anything.

 

Any help appreciated.

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nilrs

The card was taken out in 1999 over the phone and as far as i can remember i never siigned anything.

 

as nicklea pointed out, s127 cca may be of benefit re this.

 

have you actually submitted a defence? under cpr 15.5 parties can agree an extension up to 28 days re defence deadline. was the court notified of the agreed extension?

imo

Edited by Ford
typo

IMO

:-):rant:

 

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  • 4 weeks later...

I have now received copies of the agrrement from carters.links below:http://i390.photobucket.com/albums/oo347/nilrs/letters/agreement1.jpghttp://i390.photobucket.com/albums/oo347/nilrs/letters/agreement2.jpgAnybody able to tell where i stand with these? Are they enforceable??I have also received another letter for carters offering me a last chance to settle out of court they have also included a consent order.I have attached both below.http://i390.photobucket.com/albums/oo347/nilrs/letters/bcsett1.jpghttp://i390.photobucket.com/albums/oo347/nilrs/letters/bcsett2.jpgThey have given me sevn days to reply so if any of you can help or advise please do.Thanks in advance

Edited by nilrs
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I have now received copies of the agrrement from carters.links below:http://i390.photobucket.com/albums/oo347/nilrs/letters/agreement1.jpghttp://i390.photobucket.com/albums/oo347/nilrs/letters/agreement2.jpgAnybody able to tell where i stand with these? Are they enforceable??I have also received another letter for carters offering me a last chance to settle out of court they have also included a consent order.I have attached both below.http://i390.photobucket.com/albums/oo347/nilrs/letters/bcsett1.jpghttp://i390.photobucket.com/albums/oo347/nilrs/letters/bcsett2.jpgThey have given me sevn days to reply so if any of you can help or advise please do.Thanks in advance

 

 

 

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I have now received copies of the agrrement from carters.http://i390.photobucket.com/albums/oo347/nilrs/letters/agreement1.jpg

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Anybody able to tell where i stand with these? Are they enforceable??I have also received another letter from carters offering me a last chance to settle out of court they have also included a consent order.I have attached both below..http://i390.photobucket.com/albums/oo347/nilrs/letters/bcsett1.jpg ..http://i390.photobucket.com/albums/oo347/nilrs/letters/bcsett2.jpg .They have given me sevn days to reply so if any of you can help or advise please do.Thanks in advance

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Did this document have your signature on it?

 

S.

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Anybody able to tell where i stand with these? Are they enforceable??I have also received another letter from carters offering me a last chance to settle out of court they have also included a consent order.I have attached both below..http://i390.photobucket.com/albums/oo347/nilrs/letters/bcsett1.jpg ..http://i390.photobucket.com/albums/oo347/nilrs/letters/bcsett2.jpg .They have given me sevn days to reply so if any of you can help or advise please do.Thanks in advance

 

Have to say I'm surprised by their consent order, so long as you maintain the payments they will not enter a judgement against you, also no mention of increasing the amounts.

 

S.

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***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Yes it had my sinature on it.I don't remember doing but it was nearly 12 years ago.

 

Then they would need to show that their is a link between page 1 and page 2 HOWEVER imho a judge would see this as proved if he saw the two documents posted. Any issues with the NoA here?

 

S.

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***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Not quite sure what i'm looking for??Any help appreciated

 

Ok, did they send a Notice of assignment when Aktiv took over the account??? Was the date on the NoA accurate?

 

S.

Edited by the_shadow

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The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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HI

 

This agrement is totally enforceable, a little whilst ago there was a test case centered around the enforceability of this particular agrement (Slater vs Egg).

It was unceremoniously thrown out, the judge will consider these two pages to be one of the same document, no doubt..

My advice is to accept this and offer the most you can comfortably afford, if you contest this you wil loose.

Sorry to be so blunt but i think you will find it is good advice.

 

Peter

 

 

Peter

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When dealing with the judiciary I NEVER deal in certainties as per "Totally enforceable" as only a judge can rule either way and it could be a whim that he decides on not statute/law but otherwise I do agree with the general jist of Peters post above.S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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HI

 

Sorry S the agrement is totally enforceable, in that there is no legal reason why it cannot be enforced.

As you say the judge may be having a daft day but i would not depend on the other side also coincidentaly haveing :-)one.

 

Peter

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nilrs. it does seem like some sort of 'mock up'! but as peter says, it seems to have been previously ok'd! but, it would be ultimately for the court to decide! is there anything else in your favour?

 

why is the consent order 'without prejudice'?

 

imo

Edited by Ford
typo

IMO

:-):rant:

 

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Oh well looks like its time to make an offer!Thanks everybody for your very usefull information.The thing that frustrates me more than anything is it has taken me over two and a half years to get hold of a copy of the agreement! Why could Egg not have done this in the first place it would have saved so much time and hassle.Thanks again

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