carter and claimform for old BT mobile 'debt'***Claim Discontinued***

[AndyOrch]

No..... if the claimant does not respond to the defence within 28 days it is stayed...nothing to do with disclosure at this stage.

 

Regards

 

Andy

[HighVelocity]

So what does stayed mean? obviously the claimaint has been given 28 days - then what?

Cheers

[AndyOrch]

Parked...paused.....stayed.....if they do respond then the claim is allocated to your local court and the claim proceeds.

[HighVelocity]

Today I have received a letter from Bryan Carter stating that the claimant wishes to proceed with the claim at this time,

 

the claimant agrees in principle to mediation.

 

We should also be grateful to hear from you in relation to without prejudice negotiation and you may contact us on (tel no)

 

to that they have attached another letter in their headed paper to the court manager stating;

 

Thank you for providing us with the claimants defence.

 

Our instructions are that the claimant wishes to proceed with the claim.

 

We look forward to hearing from the court with directions.

 

As of yet they have provided me with not one piece of paperwork requested by the CPR 14!

 

does this mean that request is a waste of time and what happens next?

 

surely they have to provide these forms if they wish to proceed!:?

[AndyOrch]

The claimant is not obliged to disclose anything pre trial..the CPR is a civil request for both parties to clarify matters...they will have to disclose at the appropriate stage leading to trial....game of cat and mouse and they hope you will either throw in the towel or lose your nerve by then....patience.

 

The fact that you have requested and they have failed to comply is a plus to you the defendant in trying to clarify matters pre trial..the fact they have ignored it is further pressure for them to disclose...when the court orders them to.

 

Having said that a defence should not be purely based on whether the claimant can disclose or not.....but the alleged debt that they state is outstanding and now due.

[HighVelocity]

I used the defence that you copied for me - shall i add to that online stating that I disputed verbally with o2 at the time regarding the bill, this is all I have otherwise! Do i bother contacting them on the phone as requested or shall i just wait which i am more than happy to do! patience i have!

[AndyOrch]

You cant add to MCOL that has now been submitted...you can add to your Witness Statement.....that is the next stage.

[HighVelocity]

I have received 2 letters today

 

1 from the court and

 

1 from Bryan carter

 

no 1; is notice of proposed allocation to the small claims track

- i must by 21 july complete the small claims directions questionnaire form n180 and

 

letter 2 from the solicitor

stating "without prejudice" confirming that their client is prepared to accept full payment either in full or monthly payments

in order to avoid either party incurring further costs,

 

if they do not hear from me they will apply to court to strike out my defence at hearing which if successful,

may result in further costs being payable by me!

 

any advice as to which step i should take next ?

Thank you

[dx100uk]

that's the usual carter rubbish

hoping you'll give up an cough don't.

 

stand your ground.

 

dx

[HighVelocity]

so i need to complete the court form correct ? happy to stand my ground most certainly I think its appalling how they go about this !

[dx100uk]

you'll have to ask andy

 

dx

[HighVelocity]

Andy can you help please - thank you

[Ganymede]

so i need to complete the court form correct ? happy to stand my ground most certainly I think its appalling how they go about this !

 

The form is pretty easy and self explanatory.

[HighVelocity]

I dont actually have the form so would not know! assuming i need to go online to complete? received another letter from Bryan Carter today (guess ill be getting constantly bombarded now! funny they cant do that and supply the documents so promptly!) its a directions questionnaire - they have even completed the answers with pre printed ticks! i will not be sending this back!

[HighVelocity]

JUST downloaded the correct form online - not their pre printed copy which they have very cleverly sent me! do you mind assisting me with a few questions - I want to get this right! I have said no to the case being referred for small claims mediation but "yes" to it being referred to the small claims track, I am guessing this is the way forward for me to defend this? thanks

[AndyOrch]

I dont actually have the form so would not know! assuming i need to go online to complete? received another letter from Bryan Carter today (guess ill be getting constantly bombarded now! funny they cant do that and supply the documents so promptly!) its a directions questionnaire - they have even completed the answers with pre printed ticks! i will not be sending this back!

 

That is their copy which they have submitted to court and copied you...you should reciprocate.......Copy to Court and a copy to them.

 

I would advise you to agree to mediation.

 

Andy

[HighVelocity]

Thank you so basically agreeing to mediation means submitting a payment proposal? if so what was the purpose of requesting the paperwork with the CPR and if I originally disputed this with O2 - sorry just trying to get my head round which direction this is going?

[AndyOrch]

No it does not ...its a means of narrowing of your differences with the possibility of avoiding trial.Any party which refuses to consider mediation will not stand in good light or if should costs be awarded may be reduced.

[HighVelocity]

Ah ok - dont much have a clue on any of this so thank you I will get the form completed and copied by the deadline once again thank you! im pretty sure i will potentially be asking more questions at a later date - this has been more than helpful!

[odds]

How have you gone on with this HighVelocity, did BC actually proceed with the Mediation Service ?

 

I'd like to know as they agreed at first but then pulled out of it stating they had nobody available, and I'm pretty much at the same stage as you.

 

 

Thanks

[HighVelocity]

Hi

 

 

no I got lots of communication from Bryan Carter confirming the contract dates and no early termination fee!

 

 

they are in receipt of my defence and all that and kept pestering me to agree a payment scheme.

 

 

Yesterday i got a letter from the court stating it had been passed to the county court allocation hearing centre

and would be referred to a procedural judge who will allocate the claim to track and give case directions.

 

 

It has been passed to the local court so its a case of wait "wait out"

[HighVelocity]

PS i did not respond to the constant barrage of BC letters only the court correspondence, BC have still not provided me with any paperwork requested in the first instance.

[AndyOrch]

Have you completed and served your DQ HighVelocity ?

 

Andy

[HighVelocity]

DQ Being the one agreeing to mediation and the one where they sent me a copy? that was the last form i completed online and have just been bombarded with letters from BC urging me to set up payment since and the court letter yesterday.

[AndyOrch]

That's the one......