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Received letter from Bryan Carter Solicitors *** Discontinued***


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Hi guys, me again. im so sorry to be a pain but i cant for the life of me find some kind of template for the CPR 15.5 request. Does anybody know where to find it? thank you

 

No template as such just a short note to request extension pursuant to CPR 15 5.

 

There is an example here in Sams thread but request 28 days. http://www.consumeractiongroup.co.uk/forum/showthread.php?307716-Lloyds-TSB-and-SCM-Solicitors-claim-forms-have-come-HELP!

 

Regards

 

Andy

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No, all i have received is a letter from them saying the account is on hold while their "clients" look for the relevant information.

 

Hmmm so as usual theyve instigated proceedings while not having full documentation to hand.

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Here's a rough copy to send off to them, what do you think? thanks..

 

Thank you for your letter dated 13th July 2011 in which you state that you have referred the matter to your client and have placed the account on hold.

In view of this I think that it is reasonable to ask you to agree that the period for filing a defence specified in rule 15.4 shall be extended so that I can prepare my defence based on the information you will provide. I would like you to agree to the date for me to provide my defence be extended from 3rd August 2011 to 31st August 2011.

If you agree to extend the period for filing a defence, I undertake to notify the court in writing.

I would be obliged to receive your reply by return of post. I look forward to your reply.

 

-----------------------------------------------

 

also bazaar, they were very quick to refer this to the courts. seems very rushed. First time i even heard of Bryan Carter was in mid-june, 2 weeks later they are threatening me with court action!

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Here's a rough copy to send off to them, what do you think? thanks..

 

 

 

-----------------------------------------------

 

also bazaar, they were very quick to refer this to the courts. seems very rushed. First time i even heard of Bryan Carter was in mid-june, 2 weeks later they are threatening me with court action!

 

I would take out " If you agree " they have no option. With regards to your second point, thats why they bought it to litigate.

 

Andy

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ditto Andy,

they buy loads of these and hope no-one defends, in your case they now have to find the paperwork. ( shouldnt be this way, but itll help when they discontinue so you can claim costs).

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hey guys, i received TWO letters today, one from Bryan Carter and one from an Arrow Global Limited (????)

 

Bryan Carter ...

 

Dear Mr Goonboy

 

Thank you for your recent request.

 

We are writing to hear from our client with documents and require the period of time for reply to the part 18 request to be extended by six weeks.

 

unfortunatly for me they will be getting my CPR 15.5 request today :lol:

 

and the one from Arrow (i have no idea who these guys are)

 

We thank you for your letter dated 7th July 2011 and acknowledge your request for documentation pursuant to the Consumer Credit Act 1974.

 

We do not accept that we are the creditor as envisaged by the above statute.

 

However, we are willing to assist in obtaining the documentation which has been requested and provided the information. We will now process your request for documentation from the creditor and will revert in due course.

 

We confirm that all collection acitivity will be suspended pending provision of the documents.

 

We return the payment of £1.00

 

and they sent back the postal order i sent.

 

I guess my next move is to inform the courts?

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Hi Goonboy

 

Its known as the headless chicken syndrome and that brick as just got very hot !!!!!

Retain Arrows (The Claimant) response as they have refused payment and yet assured they will seek said information.

Get your CPR 15 into action now.

 

Regards

 

Andy

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i need to send another CPR 15.5 to them?

 

No if you have already sent it.

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so just sit tight and wait for their response? Keep your eye on your defence date, wait for their response and agreement, then you notify the court the extension is agreed.Attaching their compliance to your letter.

 

do you think i should send off a copy of the letter today to the courts about the 6 weeks extension?

No serves no purpose.

 

Andy

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  • 2 weeks later...

We could do with some help from you.

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Ok, so ...

 

1) i need to fill in and print 2 copies of the N244 document. Send one (special delivery) to the Northampton Court, and the other standard delivery to Bryan Carter

2) Attach a copy of the CPR 15.5 request that was sent to Bryan Carter with the N244 forms along with the proof of delivery from the royal mail website?

3) Include a £45.00 cheque? or cash?

 

Is this right? have i missed anything?

 

Also im a little bit confused as to what to put down for Q3, Q10 and also which parts i sign exactly? Q10 or 11?

 

thanks again, my head is spinning a bit here lol

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Its all in the above link Goonboy.

 

Andy

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Right, sorry about this but i cannot for the life of me figure out what to write for question 3. ive checked the link above but am not too sure about the wording. Also with question 9, they ask who should be served with this application, do i put Bryan Carter or Phoenix recoveries? thanks again and sorry for being a pain.

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  • 3 weeks later...

Its taken a couple of weeks but i have received a reply from the Court in response to my n244 form.

 

It is ordered that:

 

1) The time for filing the Defence be extended to 26th August 2011. The Defendents Defence shall set out the Defence with such knowledge as the Defendant currently has.

 

Bit confused as to what they mean here. Basically i have to make a defence with the information i currently have? i.e nothing

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well then, that is it, you have received no information from the claimant despite repeated attempts to do so under the CPR. Case to be struck out due to claimants unreasonable behaviour

or something along them lines

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So the Court has not actioned your request on application for them to disclose but has accepted extension.Bit of a smart a**e DJ here

ok when it comes to defence you will use that also as the bases of the defence and quote the DJ name.

 

Regards

 

Andy

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I see, so basically, when i submit my defence, i say Bryan Carter were uncooperative, and didnt give me any info, and also the DJ refused my request for them to disclose information?

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Wells that the truth isnt it even the DJ is frustrating the process.

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Seconded, you can only state what you know, present the CPR requests to court and show that youve tried to follow the pre action protocols. Lard arse however, has failed to follow the legal procedures and is frustrating your efforts to conclude this

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