carter/lowell claimform - vanquis 'debt'***Claim Discontinued***

[walpants]

received a letter from bryan carter a few days ago saying that they intend to continue with the claim shortly but before they do they are prepared to enter into negotiations to avoid cost on both parties.

 

 

I haven't responded to them. im thinking maybe they are just trying their luck and wont actually proceed.

[Old Cogger]

another of their begging letters usually before discontinuing or going ahead!

[walpants]

guess i'll just have to wait and see what happens, the 28 days from receiving the letter from the court is 8th sept so we will see.

[walpants]

well today I have received a letter from the court

- notice of proposed allocation to the small claims track

 

I guess this means they are going ahead with it,

 

does that mean that they have given the court the documents that were requested from them?

[dx100uk]

No

Nothing of the sort

 

Just STD procedure if you go read other like threads

[walpants]

its saying that I can do mediation if that fails then I will have to attend court, I couldn't do that I wouldn't have the confidence.

[dx100uk]

Yes to mediation

But of course if carter doesn't find the enforceable paperwork

They'll be nowt to mediate over

 

The rest of the form is self explanatory

 

Dx

[walpants]

ok I have just been reading a similar case.

 

if I say yes to the mediation then I still wont know if they have the paper work

and as my defence is that they haven't produced it then the mediation is pointless

as I will only be able to say that the figures they say I owe are not confirmed.

 

 

im not going to agree to pay a figure that I don't know is what I should owe them.

 

how likely is it that it will get sent to a paper hearing?

 

 

I could cope with that if it got that far.

[AndyOrch]

Then mediation wont proceed...but at least you agreed to participate.

 

Andy

[walpants]

hi, just sorting this paper work out, it says I must serve a copy on the solicitor as well - do I sign the copy that I am sending to them?

[AndyOrch]

No requirement to sign

 

Andy

[walpants]

hi, just an update on this

 

 

I sent the directions questionnaire to both parties and agreed to mediation.

I put a cover letter in the one to the court just saying that I had requested documents from them and had not received them.

 

I then received 3 letters from the court all exactly the same with an appointment for mediation

and asking me to email or call them as they didn't hold a phone number for me

(even though I had filled it in on the questionnaire)

the appointment they sent was not suitable as it was whilst I was at work

so I emailed them to tell them that and give them my number.

 

I then had a voice mail from them saying to call them back about my appointment, which I have done today,

 

 

I explained why I was ringing and the guy said let me have a look,

he then said

'I can see we have sent a letter out regarding mediation - did you read the letter in full?'

I said yes

 

 

he said

'do you have any questions about the letter?'

I said yes and I told him that I had requested information about the debt and that I haven't received it,

he then said

'your case is not suitable for mediation and the case will now be referred back to the court.'

I said ok and that was that.

 

now I am just hoping and praying that they don't continue.

[dx100uk]

quite usual for farter

 

9/10 he will now disc the claim.

 

they issue 1000's of speculative claims a week

hoping for a non contested default rubberstamped judgement.

 

you found CAG!

 

dx

[walpants]

and im so glad I did, this forum is amazing.

[walpants]

I have received a court date 8th jan 2016. the fee needed to be paid by 4th dec

and I must deliver copies of all documents relied upon by 14 days prior to the court date. which will be chrismas day!

 

I haven't heard anything from the court since this letter so am I to assume that it is going ahead

and the fee has been paid? im thinking its been 10 days they would of let me know if it hadn't been paid?

[Old Cogger]

ring the court and ask for update they tell you nothing automatically

[walpants]

ok thank you, i'll do that now, theres still hope yet then!!

[AndyOrch]

so I have received a court date 8th jan 2016. the fee needed to be paid by 4th dec and I must deliver copies of all documents relied upon by 14 days prior to the court date. which will be chrismas day! Dont forget your witness statement is also part of your documents..Christmas Day is a holiday for courts so they will be due 26th Dec

 

 

I haven't heard anything from the court since this letter so am I to assume that it is going ahead and the fee has been paid? im thinking its been 10 days they would of let me know if it hadn't been paid?

 

Still not 100% proceeding, even if they have paid the hearing fee...hearing fees are refundable if enough notice is provided.

 

Andy

[walpants]

ive just rang and they have paid it.

 

I guess im just gonna have to pay up as there is no way I can go to court,

 

 

im at work for one but I would never be confident enough to stand up in court.

[dx100uk]

what with no paperwork provided by the clamant

 

 

you are having a laugh aren't you?

 

 

nothing to be scared about anyway/

 

 

dx

[walpants]

no not having a laugh, I asked if the claimant had paid the fee and she said yes.

 

I don't even know what documents I need to send to the court

I don't have anything other than my original defence that I submitted.

 

 

I really cant afford to pay out nearly £1000 just before xmas

but I don't think I deal with the stress of having to go to court either,

I had hoped it wouldn't go this far.

 

also the only thing I have in my defence is that they haven't sent me the original credit agreement

but Im not confident enough about the law around it to be able to argue my case.

 

if they were to turn around and say we don't need it

I couldn't question it when I don't really understand it.

 

 

I think I might be in over my head!!

[dx100uk]

they'll go nowhere near a court with no paperwork .

 

 

hold your nerve

[walpants]

so say I stick it out,

 

what should my next move be?

 

do I leave it to the last min to send what ever it is I have to send

or do I do it straight away in the hope that they see it as im not backing down?

 

also can you point me I the right direction to figure out what I need to send them?

 

also could it be possible that they don't need the paper work as that is what they stated in a letter they sent me when I asked for it?

 

thank you for your help by the way it is very much appreciated

[AndyOrch]

Invariably a defendant has very little to to disclose....thats mainly down to the claimant...but you could disclose your CPR 31.14/CCA requests and any responses...any document referred to within your defence or witness statement (which is part of your disclosure) that you intend to rely on and use as evidence.

 

Dont be in a hurry to send it to swiftly..I normally advocate waiting for the claimants witness statement and disclosures first...but as this is BC then you may be waiting a while.

[walpants]

thank you so I assume they have to send their stuff to me as well as the court the same as I do them and the court. so if i wait till maybe 23rd dec to send mine, if I don't receive theirs over xmas then chances are that means they have pulled out?