MORE Bizaare behaviour from B Carter re alleged debt. Court Paper

[andymzua]

Hi all

 

I have a very similar issue to this thread

 

Bryan Carter Solicitors acting on behalf of Arrow Globel Guernsey Ltd have been chasing me for £679 for some time.

 

I was first contacted regarding this debt around 6 months ago, they were wanting me to confirm who I was. I ignored all these phishing letters.

 

I then received several letters threatening litigation which I also ignored as the wording was always "we may".

 

The next letter I received dated 12/07/12 was a notice of balance reduction. They had reduced what they wanted to £499.

 

On the 28/07/12 I received court papers from Northampton CC for the following;

 

Amount claimed: £499

Court fee: £30

Solicitor's costs: £50

Total amount £579

 

Particulars of claim.

The claimant's claim is for the balance due under an agreement which is now all due and payable.

 

The defendant agreed to pay monthly instalments under account number AGGLXXXXXXXXXXXXX but has failed to do so.

 

And the claimant claims the sum of 499.00.

 

The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00.

 

I have sent an acknowledgment of service online.

 

I am today sending the following to Bryan Carter via recorded delivery.

 

PLEASE CONFIRM THE CLAIM IS BELOW £5000

 

Re: (Claimant's name) v (Your name)

 

Case No:

 

CPR 31.14Request

 

On (date) I received the Claim Form in this case issued by you out of the(Name) countycourt.

 

I confirm having returned my acknowledgement of service to the court inwhich I indicate my intention to contest all of your claim.

 

 

Please treat this letter as my request made under CPR31.14 for the disclosure and the production of averified and legible copy of [each of the following / the] document(s)mentioned in your Particulars of Claim:

 

1 The agreement.

 

You will appreciate that in an ordinary case and by reasonof the provisions of CPR PD 16 para 7.3, where aclaim is based upon a written agreement, a copy of the contract or documents constitutingthe agreement should be attached to or served with the particulars of claim andthe original(s) should be available at the hearing. Further, that any generalconditions incorporated in the contract should also be attached.

 

2 The deed of assignment.

 

3 The notice of assignment including proof of service.

 

 

4 The default notice.

 

5 The termination notice. (not mentioned in the POC but no harm asking just might not get)

 

 

Although your claim is for a sum which is not more than £5,000.00 and willin all likelihood be allocated to the small claims track for determination uponmy delivering a defence, at this moment in time I have not delivered my defenceand the case has not been allocated to a track. In consequence the provisionsof CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 dutiesby claiming otherwise

 

You should ensure compliance with your CPR 31duties and ensure that the document(s) I have requested are copied to andreceived by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable andproportionate search for the originals of the documents I have requested, thebetter for you to be able to verify the document's authenticity and to provideme with a legible copy. Further, where I have requested a copy of a document,the original of which is now in the possession of another person, you will havea right to possession of that document if you have mentioned it in your case.You must take immediate steps to recover and preserve it for the purpose ofthis case.

 

Where I have mentioned a document and there is in your possession more thanone version of that same document owing to a modification, obliteration orother marking or feature, each version will be a separate document and you mustprovide a copy of each version of it to me. Your obligations extend to making areasonable and proportionate search for any version(s) to include an obligationto recover and preserve such version(s) which are now in the possession of athird party.

 

In accordance with CPR 31.15© I undertake tobe responsible for your reasonable copying costs incurred in complying withthis CPR 31.14request.

 

If you require more time in which to comply with this request you must tellme in writing. You must tell me before the time for compliance with thisrequest has expired. In telling me you require more time you must tell me whatsteps you have taken and propose to take in order to comply with this requestand also state a date by when you will comply with this request. In additionyour statement must be accompanied with a statement that you agree to anextension of the time for me to file my defence. Your extension of time must benot less than 14 days from the date when you say you will have complied with myrequest and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you willnever be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail torequest more time or fail to agree to an extension of time for the filing of mydefence, I will make an application to the court for an order that theproceedings be struck out or stayed for non-compliance and a summary costsorder.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully (print name)

 

I guess its all a waiting game now.

 

 

So what should I expect to happen?

[BRIGADIER2JCS]

Carter very often backs down and withdraws at the first sign of a defence.

[andymzua]

Carter very often backs down and withdraws at the first sign of a defence.

 

 

I do hope so, this is spoiling my 2 weeks holiday.

 

BC do appear to like taking on lost causes.

I feel sorry for the people who get bullied into paying or end up with CCJ's because of them.

 

This site is a god send with nothing but great advice.

[postggj]

i see you have started your own thread now

 

thats good, keep an eye on the other thread as well

 

regards

[andymzua]

i see you have started your own thread now

 

thats good, keep an eye on the other thread as well

 

regards

 

Yeah I will bud, we cant let people use bullying tactics to make money

[havinastella]

Always try to get a defense in so you can hit him for costs!

[OHW]

I personally would just be happy with him just climbing back under a rock

[postggj]

he usually does after a defence has gone in

 

as stated, he likes things nice and simple in that you ignore the claim and he ends up with a judgement by default

[andymzua]

Always try to get a defense in so you can hit him for costs!

 

Never thought of that, what costs could I claim for? Suppose, postage and stationary costs would be on the list. Not sure what else.

Shame you cant put a price on stress and how much this whole thing is spoiling my time off. Time off I should be enjoying with my kids but I have BC at the back of my mind.

[havinastella]

Never thought of that, what costs could I claim for? Suppose, postage and stationary costs would be on the list. Not sure what else.

Shame you cant put a price on stress and how much this whole thing is spoiling my time off. Time off I should be enjoying with my kids but I have BC at the back of my mind.

 

LIP costs @ £18 ph.

 

20 hrs looking for advise soon pays for a decent week with the kids!

[andymzua]

LIP costs @ £18 ph.

 

20 hrs looking for advise soon pays for a decent week with the kids!

 

I knew I would be able to claim costs but didn't know it would be that much.

 

So does the clock start ticking for BC as soon as my CPR31 letter arrives at his office?

[BRIGADIER2JCS]

Yes.

[andymzua]

I am still waiting for my letter getting him.

Checked on the Post Office site and it just says it "is being progressed through our network for delivery."

[andymzua]

I am still awaiting my letter to be delivered, snail mail, dont you just hate it.

 

Carrier pigeon may have been a better option LOL

[havinastella]

keep an eye on your deadlines!

[andymzua]

Been out fishing today with my son. When I arrived home there was a letter from Bryan Carter.

 

I will copy the contents of the letter within the next hour.

 

Lets just say they have failed to confirm anything or to agree to an extension.

[andymzua]

Ok, here goes.

 

Below is contents of the letter received From Bryan Carter in response to my CPR 31 letter.

 

6 August 2012

 

Dr Mr xxxxxxx

 

ARROW GLOGAL LIMITED v

ACCOUNT NUMBER: XXXX XXXX XXXX XXXX

CLAIM NUMBER: XXXXXXXX

OUTSTANDING BALANCE: £579.00

 

We write further to your recent request for disclosure under Part 31 of the Civil Procedure Rules.

 

We confirm the claim form was issued by the Northampton County Court Bulk Centre and the

Court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice

Direction 7C point 1.4 (3A) eliminates the requirements to attach the documents to the Particulars

of Claim when they are issued by this Court.

 

We Confirm that this matter would most properly be allocated to the Small Claims Track and Part

31 of the Civil Procedure Rules will not apply. We Confirm that we have nevertheless requested

documentation from our client and hope to revert to you shortly, although this will not be within seven days.

 

We will revert to you in due course with our client's instructions in relation to your request for an

extension of time for filing your defence.

 

It was the policy of Capital One, the original creditor, to issue agreements on or around the date of

the contract and statements throughout the duration of the agreement. The Claimant believes a

notice of assignment was sent to you in or around the time of assignment, and therefore in this

regards we ask you to refer to your own records.

 

Yours sincerely

 

Bryan Carter

 

****************************************************

 

So whats next?

[andymzua]

Well sent the Royal Mail and email via their site due to the lack of update regarding the status of this delivery.

 

I advised them that it was extremely important I know what date the letter was delivered as time scales were involved due to a pending court case.

 

I received the following reply.

 

*********************************

 

Thank you for contacting Royal Mail regarding a Recorded Signed ForT item, with reference number ***********.

 

My investigations into your enquiry have included checking all available service information and I can confirm that:

 

. full details of our inability to provide a signature have been logged and reported

. these details have been passed to my colleagues in our delivery operation

. a book of stamps will be sent to you shortly as a gesture of our goodwill

 

Please accept my sincere apologies on behalf of Royal Mail for our inability to provide you with a copy of the signature you required. I am very sorry that no signature was obtained - please be assured that we take letting our customers down seriously and will use this information to make further improvements.

 

I hope that this explanation resolves your enquiry and concludes this matter for you. However if you are unhappy with my response you can contact the Escalated Customer Resolution Team who will re-investigate your complaint. They can be contacted by emailing: [email protected]. Alternatively you can write to: Escalated Customer Resolution Team, Royal Mail, PO Box 466, Plymouth, PL9 7HJ. If you do contact the team please can I ask you to quote your reference number ***********.

 

Regards

***************************************

 

I am appalled and I will be escalating.

[OHW]

hi, I have sent the same letter as you and also it says that its going through royal mail delivery network, I am lucky in that I have received a response to my letter. I would suggest sending it again and also just a regular letter, but get a certificate of postage.

 

I am a bit confused also of my next step but need to sort it today

 

[andymzua]

hi, I have sent the same letter as you and also it says that its going through royal mail delivery network, I am lucky in that I have received a response to my letter. I would suggest sending it again and also just a regular letter, but get a certificate of postage.

 

I am a bit confused also of my next step but need to sort it today

 

 

Hi OHW

 

I have also received a reply to my letter, I have posted the letter on post number 17 of this thread. I think it is the exact same letter you have received.

 

We need to know the dat the letter was delivered so we can keep to our time scale regarding CPR31.

 

Like you I am now at a loss as to what to do.

 

I will probably start typing up my defence so I am prepared in a least some way.

[OHW]

I am assuming that if i posted my letter first class recorded and have received a response that I can narrow it down, I dont want to wait till last minute to defend. I will be typing up a defence also but I beleive I can do N244 as he is using as a method of debt collecting 'vexticious' (is that the right word). If they had played by the book in the first instance I wouldnt be in this situation, but I guess it makes life interesting...

[andymzua]

Advice seems to have dried up at the moment.

 

As I cannot get proof of when my letter was delivered due to a royal mail problem I am going to take my 7 days from the date of the letter in reply from BC. So tomorrow is 7 days.

 

He has not yet requested any further time to get the paper work I required he only stated it would take longer than 7 days.

 

Should I now go for a strike out?

 

Incidentally this debt is Statute Barred. I finally found my paper work for this debt and it was defaulted in August 2005. Should I send BC the SB letter???

[OHW]

Hi

I don't think it's RM mess up, I 'think' they will get rec delivery letters in bulk and so that's why there is no signature for individual letters (?wild guess).

 

If its SB I 'think' that's an absolute defence. However it's from last payment not default date. So it's important to know if you have made any payments to the account. Although I have read on here that if you pay a DCA that u may not be paying against original debt.

 

Hope someone has definite answer for you soon :/)

[andymzua]

So many grey area's its mad.

 

And maybe they cant produce a signature but you would think they would be able to state the date it was delivered, that would be a start.

[havinastella]

Andy, if it's Stat barred (and you are 100%) sure, get your defense in ASAP!

 

Something like

 

1. The Claimant's claim was issued on xth August 2011.

 

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. The claimant should already be aware more than 6 years have elapsed between cause of action accrued and the court claim by their court submission.

 

3. The Claimant's claim to be entitled to payment of £xxxx.xx or any other sum, or relief of any kind is denied.

 

I AM ABSOLUTELY CERTAIN THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

Dated:

 

May be worth sending SAR to OC. Just in case BC wants to push it all the way.

 

Jogs