bryan carter and ccj claim

[dx100uk]

The claimant is listed as Capital One and he is claiming the amount 6423.15 plus court fee 190 plus solicitors cost 100 total 6713.15

 

 

sorry just seen this.

 

dx

[ikon44]

I am worried they will get judgement by default if i don't submit a defense.

[dx100uk]

yes you must submit a defence in time.

 

dx

[sillygirl1]

It is over £5,000 so it won't be a small claims, so therefore he is in default, and you file the defence clearly stating

 

On xxx date I sent a CPRxx request - the reply from the claimaint is attached. As the claim total is over £5,000 it will apply to this case and therefore their refusal is an abuse of court process.

 

As I do not have the details I need to fully particularlise and properly defend this claim I am asking the court to strike this out completely due to the non compliance of a valid CPR request.

 

I am reluctant to allow the claimaint to have additional time to provide documentation they should have had on filing the complaint. This clearly is an abuse of the court processes and designed to frustrate the proceedings.

 

This is a statement of truth by XXX

 

You don't need to do much more than a short defence on this, also sometimes called an 'embarrassed' defence.

[ikon44]

thank yoy for the advice, do i need to get in touch with bryan carter again ?

[coledog]

Yes - inform them that they have not supplied the documents you have requested and give them a further 7 days - send recorded. Did you also send a CCA request?

 

Look at the date on the claim form and add on 28 days plus 5 days. This is the date when a defence has to be submitted by - ring the court to check this.

 

You can submit a defence as SG has suggested but I would still push the requests as this all counts in your favour. BC will have to respond to the defence within another 28 days in order to obtain a judgement.

[ikon44]

Ok will submit defence, have not asked bc for cca do you think I should ?

[coledog]

You can do as SG suggests, as they do appear to have shot themselves in the foot here or push them for the full 28 days - send CPR reminder plus a CCA request and then put in a fuller defence. They realistically cannot get a judgement if they are in default of supplying documents.

 

I am never quite sure of the best course as this is quite a large claim but BC do tend to give up when challenged

[asokn]

They realistically cannot get a judgement if they are in default of supplying documents.

 

They can if no actual defence is filed.

[coledog]

They can if no actual defence is filed.

 

Which is why you MUST file a defence within the 28 plus 5 days, either as suggested or wait, keep using CPR and CCA and then do a fully particularised one.

[asokn]

Absolutely, whether you wait now or not whatever you do make sure you file something in time!

[ikon44]

I received it 15th march and sending special delivery tomorrow, i am using the defense suggested by sg and sending a copy of the letter bc has sent. I will also write to bc with request for CCA

[dx100uk]

i am in a similiar situation just want to know what was your outcome ikonn44?

 

you need to start your own thread

 

this is not too short of a year old

 

see below

 

dx

[Predator247]

sorry im new and i dont know how to start my own thread

[dx100uk]

see below in my sig

there is a video

 

dx