NDR - Kays catalogue

[powelll]

I've had a look back through the thread maybe am going blind but which one is the 'county court one' - have you had a claim for through or CCJ issued?

[dpr]

yes I have proof as I sent it recorded delivery.

Powelll - The county court one is with Bryan Carter & co solicitors on behalf of littlewoods shopping group I did a CCA request from them on the 28th April and other than this court letter I haven't heard from them. They are not claiming from the court all the amount they are trying to get what they say is outstanding.

 

Could someone please explain to me when you say 12 + 2 days is that working days or all days?

[joe1965]

If I remember correctly it's all days. Seems to me they are trying to get it through before the time limit is up. But if they don't provide it then it is a total defence in court. And if they go to court and then produce it the judge isn't going to be very happy with them for wasting their time.

Is it a proper court summons or a threat to do so?

Any chance of you scanning it and posting it up here (with all your personal bits blanked out)?

[dpr]

http://www.filehigh.com/serve/28291/423032.jpg

[dencha]

Hi dpr

 

I take it you have received nothing else besides this supposed claim form.

 

If they take you to court you should recieve contact from the court and not Bryan Carter Solicitors & Co.

 

Unless someone wishes to correct me on this then I think if the statutory time limit is up then you should contact your local TS. This looks like a scare tactic and probably illegal.

 

I believe Bryan Carter Solicitors & Co do not exist as a company anymore.

 

At the top of your thread is a tool bar with 'Search' on it. Click this and enter Bryan Carter, click go and I expect you will find a few threads with regard to your problem.

 

dencha

[dpr]

How can you check if its an official court summons? Looking at the form the claiment is Cyclone asset management. with the page i have scanned

in there was a response pack which included

Admission form N9A

Defence and Counterclaim form N9B

Acknowledgment of service

[dencha]

Then you have the full pack from the court.

 

Do the search for Bryan Carter and you will find that you are not the only one and you can follow cases on there which have gone to court with excellent legal advise.

 

Bryan Carter is acting as solicitor for Cyclone and any communications for information should be sent to the solicitor.

 

dencha

[dpr]

Hasnt Bryan Carter & Co solisiters cesed trading?

What would be my best coarse of action with this, how should I proceed

[joe1965]

I think that if they don't produce the CCA then you have a watertight case. If they fail to produce it it's not enforceable in court.

[Hopeful1]

Sorry to interrupt, can i just take everyone back to the bit about the expiry dates. Isn't it 12 + 2 WORKING days and then 30 NORMAL / ALL days ie a calendar month?

 

I'll leave you to get on with the serious discussion - there's so much to learn on this site. It's fab that everyone is so willing to share .

[dpr]

Is there anyone that can give some advice about the court summons? Do I dispute the claim on the grounds that they have failed to produce any CCA and if so how do I prove to the court that I requested it in the first place?

I did send the CCA request by recorded delivery and I gave them a postal order to which I have reciepts for both.

[dencha]

Hi dpr

 

Read this thread. It has everything you need to know regarding your county court summons.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/87204-court-summons-fredrickson-international.html?highlight=Bryan+Carter

 

Post your questions here when you have read it.

 

As you will see in the thread there is no need to rush things.

 

dencha

[trickytrish]

dont know weather this will help at all but bryan carter and company tried taking my sister to court this was back in january and I had only just started reading this site back then,

 

anyway I filed her defence for her by not acknowledging any debt to the company and saying I would like to see the deed of asignment and consumer credit agreement, and that was it

 

they cancelled the court case and she's never heard from them since,

 

I was very shocked myself at that outcome but what a result .lol

 

but good luck tho and hope that helps,

[dpr]

When we sent a cca request off we sent it to Bryan Carter as thats who we have been getting the letters from but on the county court claim form it says the claiment is Cyclone asset management and the address for sending documents and payments to is Bryan Carter. Were we correct to send the cca request to bryan carter?

[dencha]

Carter is the one who contacted you so they are the people you write to.

 

If they do not have the information then they have to pass it back to the originator.

 

dencha

[Jangles65]

Hello

 

where do I find the CCA letter? looked everywhere. just had a nasty red letter. I sent a SAR and am still waiting (7th May) and I am complaining about the payment insurance as well but wanted to know how many charges Ihave had over the years.

 

Donna

[dpr]

hi could yo tell me who I report them too for failing to supply a copy of my cca and also could anyone point me in the direction of the rules and laws they have to abide by relating to a request for a cca thanks

[dpr]

Jangles65

There is an example letter here

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/89444-ruthbridge-again.html?highlight=cca+request

Hope that helps

[dpr]

Thanks Dencha, I did read the link you put up and found it very useful.

 

I have just finished my defence to the court claim, stating that they have failed to produce any CCA. Just have to wait and see what Bryan Carter / Cyclone Asset Management do next.

 

As for my trouble with NDR they have passed my file back to littlewoods, I had a phone call from them this week. So should I request a CCA from them as well?

[dpr]

I've just had a letter from Bryan Carter & co regarding the county court claim. The letter is a "notice of discountinuance of proceedings", not bad they didn't take long to decide what to do (a couple of days).

 

I would just like to say thanks for all the help and support I have recieved.