Bryan carter statute barred.. I beat him

[madmupps]

Just wanted to let you all know that with thanks to this site I have just had a result with Mr Carter. I won't go into details but the debt was statute barred. I had to check my bank statements, credit history at all relevant addresses and I knew it had to be as the last payment was over 6 years ago. Suffice to say I read a lot of threads and followed a lot of advice without starting my own.

He persisted and sent court letters, I entered a statute barred defence and so had no need to use CPR. It went on and on with the standard mediation letter and then the we accept monthly payment letters. I held firm and sent the allocation questionnaire to have the court date at my local court. I sent these to the court and Mr carter with a covering letter stating my intention to defend in full and that once again the debt was SB. The discontinuance letter arrived today with the court confirming that this is indeed the case.

It seems Bryan is doing a lot of these lately and is testing people to the maximum only discontinuing after the allocation questionnaire is sent or even later.

And the point is.... Everyone's position is different but I for one am happy i took it to the barstewards. I will be making a donation. THanks CAG!

[renegadeimp]

Carter has ALWAYS done this. Im just amazed the SRA hasnt been on to him yet.

 

Congrats on beating him

[honeybee13]

Well done you. You must be very pleased with yourself, and it's good to hear that CAG helped. It's nice to see that you've come back here to let people know.

 

Thank you for the donation, it will help us to carry on helping people like yourself.

 

HB

[Bazooka Boo]

Excellent news, he really is a petulant little boy, complain to the SRA aswell, see if you can get him struck off whilst your on a roll>>

[Ganymede]

Excellent news, he really is a petulant little boy, complain to the SRA aswell, see if you can get him struck off whilst your on a roll>>

 

 

A bit pointless. Third partys can't complain to the SRA, only clients can.

 

Also technically he won't have done anything wrong and will just say he was following his client's instructions.

[DonkeyB]

A bit pointless. Third partys can't complain to the SRA, only clients can.

 

Also technically he won't have done anything wrong and will just say he was following his client's instructions.

 

I can’t agree, and that’s not quite true. Third parties can, and do, complain, and have been the cause of some successes. Look up the case of Trevor Munn:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?382140-Trevor-Munn-Solicitors-in-the-poo-with-ARC-(Europe)

 

This was instigated by a third party.

 

Ditto, if a solicitor simply accepts a course of action dictated by the client but knows that action to be wrong, they would be in breach of the SRA code of conduct on many levels:

 

You must:

 

– uphold the rule of law and the proper administration of justice;

– act with integrity;

– not allow your independence to be compromised;

– act in the best interests of each client;

– provide a proper standard of service to your clients;

– behave in a way that maintains the trust the public places in you and in the provision of legal services;

– comply with your legal and regulatory obligations and deal with your regulators and ombudsmen in an open, timely and co-operative manner;

– run your business or carry out your role in the business effectively and in accordance with proper governance and sound financial and risk management principles;

– run your business or carry out your role in the business in a way that encourages equality of opportunity and respect for diversity; and

– protect client money and assets.

 

It’s always worth putting the boot in. It may only make a little dent, but lots of little dents make a bloomin’ great hole.

[citizenB]

This is good news, thank you for letting us know madmupps.