Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder Angy Novitiate

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    Default Northampton Conty court A la Bryan Carter Solicitors

    I have some debt with a credit card company and it was passed to Fredrickson. I was paying monthly but recently missed payment. I received a letter from Bran Carter Solicitors threatening court proceedings.

    I rang them few days after discussing the debt and they advised me to increase this month payment to make up for the missed month(s). I agree and told them i will pay next friday. I also phone Fredrickson themselves about it and they agreed friday. Just this morning, i received a claim formicon from county courticon even though i have sent them a cheque for the monthly agreed sum.

    I dont like dealing with court. What can i do


  2. #2
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    Hi Angy....and welcome to the CAGicon forums, please try and relax, you are amongst others who are/were in similar situations to yourself...first things first, you have to acknowledge receipt of the claim formicon within 14 days of the date on the claim form....if you wish to defend all, then please state that, you then have a further 14+3 days in which to submit a defence. Can you please type up the particulars of the claim (but don't be specific with the exact amounts or dates or reference numbers) the next step is to send of a CPR 31.14 in line with the particulars on the claim form have a read here - http://www.consumeractiongroup.co.uk...eal-their.html and try and understand what is being said.....and do spend some time reading around these forums as you will see plenty of others on these forums who have come up against Bryan Carter.....

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

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  3. #3
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    Thanks 42 man.

    The particulars of claim is a s follows;
    1) The claimant's claim is for agreement which is now all due and payable

    2) The defendant agreed to pay monthly instalments under account number 4444444444 but has failed to do so. And the claimant claims the sum of £3700.

    3) The claimant also claims interesticon thereon pursuant to S.69 county courticon act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00

    Thanks


  4. #4
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    OK it is up to you if you want to defend this, but you must spend some time reading around these forums to get some understanding of what is being asked and the process.

    First things first is to make a CPR request and send it by recorded delivery....

    Does the claim mention the original creditor at all ? Is the account number familiar to you ?

    My own feeling is that you may like to use both CPR18 and CPR 31.14

    CPR31.14 is here (but read it carefully and delete as appropriate and send recorded to the solicitor) - http://www.consumeractiongroup.co.uk...ml#post1992524

    This is CPR18 - http://www.consumeractiongroup.co.uk...ml#post1573418

    And you must stick to the deadlines......I think you should also send a recorded delivery CCA Requesticon too to Fredricksons - http://www.consumerforums.com/resour...request-letter You'll need to accompany this with a £1 postal order and again send it recorded....

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    Angy, is the amount claimed the full outstanding balance?

    Did Carter issue an idle threat, ie. 'we may take you to court', or did he give you seven days' notice?

    Finally, as 42man asks, is the claim in the original creditor's name or has the debt been assigned to a third party?

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  6. #6
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    credit card
    The particulars of claim is a s follows;
    1) The claimant's claim is for agreement which is now all due and payable

    2) The defendant agreed to pay monthly instalments under account number 4444444444 but has failed to do so. And the claimant claims the sum of £3700.

    3) The claimant also claims interesticon thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00
    The first two things I notice are he does not say it is a credit agreement regulated by CCA. Secondly he knows full well he is not entitled to claim interest pursuant to S.69 county court act 1984.
    If you defend you will get help and I think you will win with ease.


  7. #7
    Basic Account Holder Angy Novitiate

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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    Thanks guys. Members here are marvelous. Thanks so much.

    1) I "think" the amount is full outstanding amount. I used the word "think" because i am managing few debts which is making life really horrible. The amount is definitely in that region SAVE one cheque i sent to Fredrickson a day before court wrote that claim formicon.

    2) The claim mentioned the original creditor and the account number related to me.

    # I did NOT really want to contest the claim unless there is loopholes in it.

    Questions

    At the moment i worked part-time because i just finish university, it was my patner that takes care of major things and if i have to disclose income and expenditure, i wouldnt even be able to pay any amount but Patner had been helping.
    1) What is the effect of disclosing the exact figures?

    2) Was it 14 days to the date of the claim form?

    Cheers


  8. #8
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    Still waiting for you guys.

    Many thanks


  9. #9
    Basic Account Holder rev.ian Novitiate rev.ian Novitiate rev.ian's Avatar

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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    The first thing to do is acknowledge service and indicate you will defend all of the claim.
    You then need to send a CPR18 and CPR 31.14

    Dear Mr Carter
    RE.


    CPR 18 - REQUEST FOR INFORMATION


    I have received the above court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

    The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

    1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.


    2. All records you hold on me relevant to this case, including but not limited to:

    a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
    b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.
    c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
    d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
    e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
    f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
    g. A list of third party agencies to whom you have disclosed my personal dataicon and a summary of the nature of the information you have disclosed.
    h. Copies of statements for the entire duration of the credit agreement.

    3. Any other documents you seek to rely on in court.

    I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.


    Yours sincerely,



    Dear Mr Carter,

    Re: (XXXXXXX( v (XXXXXXXX)) Case No:XXXXXXX


    CPR 31.14 Request


    On XXXXXXXXX, I received the claim formicon in this case issued by you out of the Northampton county courticon.

    I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

    Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the documents mentioned in your Particulars of Claim:

    1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

    Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claimsicon track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

    You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.


    Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version to include an obligation to recover and preserve such version which are now in the possession of a third party.

    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

    If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

    If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

    Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

    I do hope this will not be necessary and look forward to hearing from you.

    yours sincerely



    Send them recorded or registered post and print your nameicon don’t sign them


  10. #10
    Basic Account Holder Angy Novitiate

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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    Thanks.

    What is the advantages of those 2 requests?

    N.B : I have been paying the agreed sum before i missed one or 2 payments to Fredrickson International.

    # Also note that fredrickson is in charge of one of my debt as well

    1) Do you see any loopholes or what?

    Many thanks

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  11. #11
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    @Experts

    In a situation like this, what is the likely outcomes?

    Cheers


  12. #12
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    Have you read some of the other threads on this forum with regard to Carters ?

    PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

    DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk...65-legislation

    IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

    I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

    IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.
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  13. #13
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    _________________________ _________________________ ______________
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  14. #14
    Basic Account Holder Angy Novitiate

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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    ffff


  15. #15
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    Quote Originally Posted by 42man View Post
    Have you read some of the other threads on this forum with regard to Carters ?
    Not at all


  16. #16
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    Suggest you do - you'll learn a lot and it will stop any worries you have.

    “The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

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  17. #17
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    If you want to defend the claim you will need to send off the acknowledgment of service indicating you are going to defend all of the claim. You must do that straight away. Then send the two letters to Carter recorded delivery and print your nameicon do not sign them.
    If you do not do these things Bryan Carter & Co. will do what he always does and win by default.
    The purpose of the letters are to see if he has the agreement and the right to go to court in the first place.
    When and if he replies to the letters we will know what defence to give you.
    However the chances are that when he knows you are going to defend, it would be very true to form for him to discontinue his claim.
    We will help you but you must help yourself. Start by reading the threads about Bryan Carter, for a start you will see how easy it is to see him off.

    3) The claimant also claims interesticon thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00
    You already have him on this as he cant claim this and wont want to look a fool in front of a judge.



  18. #18
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    Quote Originally Posted by rev.ian View Post
    If you want to defend the claim you will need to send off the acknowledgment of service indicating you are going to defend all of the claim. You must do that straight away. (1) Then send the two letters to Carter recorded delivery and print your nameicon do not sign them.
    (2) If you do not do these things Bryan Carter & Co. will do what he always does and win by default.
    (3) The purpose of the letters are to see if he has the agreement and the right to go to court in the first place.
    When and if he replies to the letters we will know what defence to give you.
    However the chances are that when he knows you are going to defend, it would be very true to form for him to discontinue his claim.
    We will help you but you must help yourself. Start by reading the threads about Bryan Carter, for a start you will see how easy it is to see him off.

    (4) You already have him on this as he cant claim this and wont want to look a fool in front of a judge.
    1) Can the 2 letters go in a single envelope or separate?. If my name is Tony, should i just print TONY or XXXX?
    2) Even if i agree to pay for example £2 a month, does that mean they will still go to court? I thought they will just examine my income and expenditure and make suggestion?
    3) Dont forget their patner company in Fredrickson was the one i was paying the regular money to. And even recently i paid some money few days ago to Fredrickson. Didnt they still have RIGHT?
    4) Was it because of Nil amount he cant claim the last bit?

    5) In acknowledging service, i should just state that, I'm defending all claims. Isnt it?

    Thank you so much guys.


  19. #19
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    1) Print Tony Smith or write it - don't signicon. 1 envelope if you wish. 2 (by recorded delivery) would be best. but makes little difference.
    2) Whatever you offer at this stage will make little difference - your I&E is your business - nothing to do with BC
    3) Not that relevant
    4) he can't claim interesticon
    5) Defend ALL

    Don't panic

    M

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  20. #20
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    Default Re: Northampton Conty court A la Bryan Carter Solicitors

    And keep reading BC threads. he's useless

    M

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