Lowell /carter Claimform - Cap1 credit card debt

[keltic10]

standard letter from the courts dated 17th June 2015 acknowledgement of defence (claimant must contact courts with in 28 days)

 

..............................................................................................................................................................

and letter from Bryan Carter

 

30th June 2015

xxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxx

 

We are willing to formally confirm our client's intention to proceed with this matter.

 

We will send notification to the court shortly but before we do so our client is prepared to enter into

negotiations to try and achieve a solution whereby both parties avoid further costs and expenses,and

if necessary to mediate. The court encourages this type of negotiation between parties.

 

Please contact our helpful team on 0345xxxxxxxxxxx to discuss how we can come to an arrangement

by consent.

 

We recomment you seek independent legal advice.

 

We look forward to hearing from you

 

yours Sincerely

 

 

Bryan Carter Solicitors

[dx100uk]

begging letter before they fold.....

[keltic10]

Received a letter from County Court Business Centre!

 

 

it states

 

Important notice

 

If you do not comply with this notice the court will make such order as appears appropriate. This could include

striking out the claim or entering judgement.

 

Take notice That

 

 

1. This is now a defended claim.

 

2. It appears that this case is suitable for allocation to the small claims track.

 

If you believe that this track is not the appropriate track for this claim, you must complete box C 1 on the small claims

 

direction Questionnaire (Form N180) and explain why.

 

3. You must by the 30 July 2015 complete the small claims Directions Questionnaire (Form N 180) and file it with the court

 

office.

 

the county court Business centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN12LH

 

 

 

and serve copies on all other parties

 

 

 

.......................................................................................................................................................

 

any advise would be welcome thanks

[dx100uk]

type in direction Questionnaire in the search cag box of the red toolbar.

 

 

don't forget this is a self help site too keltic

its easy and all the answers are out there

 

 

comeback if you get stuck

 

 

dx

[AndyOrch]

Yes to mediation ...yes to small claims track...rest is self explanatory....file with court by date stated ...copy to the claimant.

[keltic10]

thank you

 

Andy

[keltic10]

I have received the Claimant's Direction Questionnaire from Bryan Carter and a letter

 

the letter states

 

The claimant is prepared to settle this matter outside of court and we look forward to hearing

 

from you regarding negotiations.

 

yours sincerely

 

Bryan Carter

 

 

 

 

 

Questionnaire (i have completed this below in short hand)

 

Mediation?

 

A1 they agree to mediation

 

track

 

C1 Yes to small claims track

 

About the hearing

 

D1 County Court local to the defendant

 

D2 No to written expertise

 

D3 No witnesses

 

D4 No interpreter

[AndyOrch]

D3 should be you (1)

[keltic10]

The letter is from Bryan Carter and is not mine? Do you mean in my questionnaire I should be the witness?

 

Also the questionnaire to reach the court 30-7-15 ! does this mean it can reach the court and solicitors any time on the 30th

(i will post a next day delivery)

 

thank you

 

Kelt

[AndyOrch]

The letter is from Bryan Carter and is not mine? Do you mean in my questionnaire I should be the witness? Yes and theirs unless they do not intend to attend

 

Also the questionnaire to reach the court 30-7-15 ! does this mean it can reach the court and solicitors any time on the 30th

(i will post a next day delivery)

 

Must be submitted and received by the 30th July

 

thank you

 

Kelt

 

Andy

[keltic10]

I have now completed my questionnaire and will post it today to the courts and Bryan Carter Solicitors !

 

Directions questionnaire (small claim track)

 

A1 do you agree to this case being referred to the small claims mediation service ----yes

 

B - CONTACT DETAILS

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

 

C Track

 

c1 Do you agree to small claims track is appropriate for this case ----yes

 

 

D About the hearing

 

d1 at which court hearing centre would you prefer the small claims hearing to take place ---- my local one (addressxxxxxxxxxx)

 

d2 are you asking for the courts permission to use written evedence of an expert ---- no

 

d3 how many witnesses, including yourself, will give evidence on your behalf at the hearing ---- one (myself)

 

d4 are thereany days with in the next six months when you,an expert or a witness will not be able

 

to attend court for the hearing ---- yes (time xxxxxxxxxxxx)

 

will you be using an interpreter at the hearing ---- no

 

 

signed xxxxxxxxxxxxxxxxxxxxxxxx

 

 

 

 

 

 

....................................................................................................................................

 

just a note after reading this I am quite surprised they answered no to section D3 (no witnesses)

is this an expected answer?

 

thank you for all the help

 

kelt

[AndyOrch]

 

just a note after reading this I am quite surprised they answered no to section D3 (no witnesses)

is this an expected answer?

 

Normal for him.....not only wants default judgments...but to be able not to attend also

[FedUp2TheMax]

Yeah, neither he nor a representative is attending my case either. I'm hoping the Judge will frown upon that. I would if I was a judge.... justsayin....

[keltic10]

FedUp2TheMax

 

thank you for your input, if you can let me know how you get on?

 

 

Kelt

[FedUp2TheMax]

Hi Kelt. The judge was unphased by claimants sending no represntation. She accepted the application form to be a binding credit agreement. The lone thing that went in my favour was the lack of default notice. Hearing adjourned to give claimant time to find it. FedUp.

[Bazooka Boo]

Hmm, unfortunately, that's the DJ lottery for you......

[FedUp2TheMax]

Yep, indeed. Was the worst 30 mins of my life

[FedUp2TheMax]

Finally got correspondence from court:

 

It is ordered that thae claim be adjourned generally with liberty to restore until ......pm ...... september. Any application to restore must be supported by a copy of the default notice allegedly served on defendant.

 

Gave them a nice long time to come up with something....

[keltic10]

Mediation will be this Thursday via phone (agreed by all parties) - any thoughts please advise?

 

I have now received some correspondences from Bryan carter

 

xxxxxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxxx

 

We write further to the above matter.

 

Please find enclosed a copy of the agreement together the terms and conditions,statements

and default notices.

 

Our client intends to proceed with the claim and we have informed you under separate cover in this

regard. Our client is however willing to enter into "without prejudice" negotiations to settle this matter

by way of Tomlin Order. If you wish to discuss settlement on this matter, we should be grateful if you

would contact our offices.

 

We recommend you seek independent legal advice.

 

your sincerely

 

bryan carter

 

.....................................................................................................................

 

I received a short handed version of a list of statements + a copy of a signed agreement which i can forward

if required? (not sure if its genuine - the date does not look like my writing? but it was 9 years ago)

 

A little puzzled that when I asked for this in 2010 they only sent me a copy of a unsigned agreement

 

any thoughts please advise

 

thank you

 

kelt

[Old Cogger]

usual begging letter template at this stage see what they send next

[dx100uk]

can you scan up what you have been sent

with regrd to the CCA return?

 

 

pop it ALL in a word doc then file save as PDF

and attach here

following the upload

 

 

dx

[keltic10]

pdf file (any help?)

[AndyOrch]

Hi Keltic...

 

Given the response above and the fact of what they have disclosed...It may be wise to consider their offer and try to negotiate a settlement figure (pref lower than the claim amount)...by way of a Tomlin Order.

 

The balance of probabilities is screaming out to the court.

 

Andy

[keltic10]

Just to let you know I have now agreed a settlement with the claimant - this is 2/3 of the original claim

spread over 12 months!

 

thanks for every bodies help, may not be the result i wanted but at least its now been sorted with a discount?

 

cannot win them all!

 

kelt