Egg/Moorcroft/Bryancarter No CCA *** Claim Discontinued***

[marcander]

Just a quick update,

 

It is now 6 weeks or so since my CPR request to Bran cartr sols requesting evidence they will be relying on. They said they would revert this information to me but have not yet done so. It is now 28 days since my defence was served on bran cartr. The court notified me a month ago that it had served my defence on bryan cartr and that if no response from b cartr was received within 28 days then the claim/case would be stayed. I rong the court this morning Thurs 19th and they told me that there had been no further communication from the claimant or their sols. They said that I would have to wait a further few days to allow for posting etc. So I am looking at next wednesday before the claim might be stayed. Also the court said that if they do not respond within the time then I can apply (as has been suggested on this forum) to have the claim/case struck out.

 

I am amazed that the clien and their solicitors would start an action obviously not having the documentary evidence in their possession. They can't have it to hand as surely it would not take over 6 weeks to send me the docs under my CPR request. I can only assume that this bulk handling centre sees a lot of judgements by default.

 

Anyways thanks again to all,

 

will keep updating.

Regards

M.

[BRIGADIER2JCS]

That's Carters stock in trade issue claims as a threat but

scarper quickly at hint of a defence.

[brokebutnotbeatn]

Its a numbers game sadly. this tactic is probably lucrative for him.

[marcander]

Rang the court today and the claim has been stayed. It was explained to me that Cartrs would have to pay again to start another action but that they are unlikely to as they would get the same result without further evidence. I can apply for a strike out for a fee of £45 but there seems little point as Cartrs are "experts" and if they cannot pursue the claim then no one else would have much of a chance either if it was sold on. I still have not received any documents relating to my CPR request to cartrs for documentary evidence. That too now seems unlikely.

 

Thank you all again for your help on this forum. I have learned quite a bit through this forum and through the experience and so hopefully I might be able to help others in similar circumstances.

 

 

Regards M.

[BRIGADIER2JCS]

Well just the scenario we expected!!!

[AndyOrch]

Hi Marc

 

The fact that the claim is stayed just means the claim rests.The Claimant does not have to pay to reissue he simply says he wants to proceed and pay the AQ fee.The matter then proceeds.

I think an application to strike out would be more prudent in dealing with this claim... but that is a choice you must make.

 

Regards

 

Andy

[marcander]

I asked the lady at the court what is the difference between a stay and a strike out and she didn't know. She did say however that even with a strike out they could still re-start a claim so I am not sure what the benefit of a strike out is. I thought it meant that the same claim could not be made.

M.

[asokn]

I asked the lady at the court what is the difference between a stay and a strike out and she didn't know. She did say however that even with a strike out they could still re-start a claim so I am not sure what the benefit of a strike out is. I thought it meant that the same claim could not be made.

M.

 

A stay puts the claim on hold and no further action can be taken without the stay being lifted. It is however not unusual for stays to be lifted years after they were first imposed and without notice being given to the debtor prior to the event.

 

If the claim is struck out it is brought to an end but the creditor can apply for relief from sanctions pursuant to CPR r. 3.9. If you have a look at Part 3 of the CPR you will find the court's powers to strike out a claim and the bases upon which it may do so.

 

If a fresh claim was issued after the original was struck out this would run the risk of also being struck out as an abuse of process.

[AndyOrch]

A stay puts the claim on hold and no further action can be taken without the stay being lifted. It is however not unusual for stays to be lifted years after they were first imposed and without notice being given to the debtor prior to the event.

 

 

 

Just to clarify a few inaccuracies there:

 

They would have to make application on Notice to lift the stay so you would be served notice that the claimants intention was to lift the stay and you would have chance to respond/object.

 

Regards

 

Andy

[asokn]

A stay puts the claim on hold and no further action can be taken without the stay being lifted. It is however not unusual for stays to be lifted years after they were first imposed and without notice being given to the debtor prior to the event.

 

Just to clarify a few inaccuracies there:

 

They would have to make application on Notice to lift the stay so you would be served notice that the claimants intention was to lift the stay and you would have chance to respond/object.

 

Regards

 

Andy

 

Nope. I've seen many stays be lifted without notice in advance.

[AndyOrch]

 

Nope. I've seen many stays be lifted without notice in advance.

 

Well I have dealt with plenty on Notice because most cases they also make application within the same said application for Summary Judgment

[BRIGADIER2JCS]

Agreed Andy

[AndyOrch]

Thank you Brig, not all answers can be gleened from the White Book nothing like experience:

Not that all this contradicting posting helps the poster.

 

Regards

 

Andy

[BRIGADIER2JCS]

Thank you Brig, not all answers can be gleened from the White Book nothing like experience:

Not that all this contradicting posting helps the poster.

 

Regards

 

Andy

 

How true, I am not a lover personally or professionaly of

the ''barrack room lawyer'' who constantly quotes law

straight from the book out of contex with what actually

happens in real life.

[AndyOrch]

How too true:wink:

Edited April 25, 2012 by Andyorch

[AndyOrch]

Brig your inbox is full

 

Andy

[BRIGADIER2JCS]

Brig your inbox is full

 

Andy

 

Clear now

[marcander]

So, I am presuming now that if I successfully applied for a strike out and they, or a new buyer of the account started another action that it would be a repeat of the last one i.e. I receive court papers return an AOS and my similar defence. That nothing could be done by stealth (without me being served by the court)?

[AndyOrch]

If the claim is left stayed then there is always the chance that it could be lifted and proceed. If it is struck out then you have a certain amount of protection that the claim is dead.

You would have an order of strike out not a judgment so its still not impossible that it may raise its head again by some other party unless of course its then statute barred.

 

Regards

 

Andy

[marcander]

Well here we go again,

 

Received a letter from Arroww advising me of notice of change of solicitor. Bryancartr is not now their solicitor. They have no solicitor now and I should deal with them in person. They are asking me for evidence that I might be a vulnerable person (as per part of my defence) through health reasons and want evidence of this. So they have asked me to sign a form allowing them access to private information and a letter from my health professional verifying my position as regards vulnerability through ill-health. The letter is signed by a "Paralegal" as part of their specialist litigation office.

 

So basically they have sacked Bryancartr and although the claim is now stayed they have informed me of a change of solicitor and asked for personal and private information or access to it.

 

They say that if I refuse to give this information they will continue with collection activity.

 

I have still received no documents following my CPR request which Brycartr acknowledged and agreed to oblige, (they are now no longer representing).

 

Their letter talks of "Investigations" etc and "continue collection activity" but no reference to continued or further litigation.

 

I might be wrong but I suspect that they dont want to go as far as risking a judge ruling unenforceable but dont want to lose the right to continue collection activity.

 

It is curious however that in all this rhetoric and requests for my private information there is no mention at all of their failure to comply with my CPR request for documents and evidence they might rely on in court. There is no reference to a failure of their predecessors to comply with my CCA request. They seem to have missed the point that the account is in dispute and that no statements of account have been supplied to me throughout my ten years of monthly payments.

 

Having bought and read Pearl and Goodman "Small Claims Procedure" I am aware that failure to supply me with their documentary evidence (following a CPR request) OR supplying me with it at the last minute are grounds for the court to rule it in-admissible evidence.

 

I would be grateful (again) for any comments.

 

Kindest regards to all, and thanks again,

M.

[dx100uk]

me thinks they are using the 'failed' litigation to try and 'spoof' yo into giving information out that they [only a judge] do not have

ANY legal right to see.

 

i bet its now just DCA activity they are indicating at.

 

bugger off! me thinks

 

dx

[marcander]

I have now received the allocation questionnaire and the case has been moved to my local county court. I have still not received any documents/evidence following my CPR request. My understanding is that if they do not supply me with copies of the evidence they will rely on then that evidence may not be admissible. Again, obviously as no CCA has ever been supplied to me after my initial CCA request last year this account should still be in dispute and unenforceable.

 

I am prepared to attend the hearing if it gets that far but just want to make sure my case is as good as it can be.

 

Any comments would be appreciated.

 

I have not replied to their request for my medical/vulnerable records. They seem to have missed the point that my medical condition is not part of my defence but that their unfair treatment of me considering the above is exacerbating my situation as they have no grounds to pursue a debt that is disputed entirely.

 

Thanks again to all,

Marc

[AndyOrch]

So the claim proceeds then marc and AQs have been released.Which AQ are you submitting the N149 or N150?

 

Regards

 

Andy

[marcander]

Hi Andy, They have sent me an N149 so I am presuming thats the one I should submit.

M.

[AndyOrch]

its fairly easy to complete and you should prepare 3 copies (Court /Claimant/ File).

 

 

The claim has been defended so it has been transferred to your local court and your local court is now arranging to make some directions for the future conduct of the case.

 

This is where the aq comes in.

 

The AQ you have received can be completed by downloading Form N149 as a pdf and completing it in type, changing it around and only printing it when you're satisfied.

 

Here's what to say beginning first with the title and then on to Sections A, B etc in alphabetical order. You should also read the notes on page 4 and Form N512. Print this post off to help.

 

State:

 

The title

Your name

You're the Defendant

The name of the court

The claim number (found on the Claim Form you got)

The last date for filing (found on the paper AQ you were sent)

 

A

Tick 'Yes'

 

B

Tick 'No'

 

C

Tick 'Yes'

 

D

Answer 'One' (that'll be you)

 

E

Tick 'No' and ignore the remainder of section E

 

F

If you are going to be unable to attend a hearing at any time between say 1 October and 31 January, tick 'Yes' and identify those dates in the box adjacent to 'Yourself', otherwise tick 'No'

 

G

Say 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest. By a letter dated ( ) I asked the Claimant to provide proper particualrs of the claim. A copy of the letter is attached. I have received no answer to my letter.

 

I propose the following directions:

 

1 Unless the Claimant shall have by (date) filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest, the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (date) to enable the parties to settle using the small claims mediation service'

 

H

Tick 'No'

 

I

Sign, date and fill in your address at which you want documents about the case to be delivered.

 

Then return it to the court and wait a few weeks whilst it gets in front of a Judge who will decide whether to manage the case in the way you / I propose or by some other way.

 

 

 

You will need to edit to suit as that as been prepared for another claim and there as been a few alterations to the latest version of the AQ.Just post if you are unsure of any the questions.

 

Regards

 

Andy