county court bryan carter solicitor /lowell portfolio

[mystery1]

Re: please help got claim form from county court today

Unless order. It's technically the far superior route with the added bonus you might win without actually having a case. (i don't know if you do or not)

M1

[jefstudent]

Re: please help got claim form from county court today

Thanks M1,

Today, I rang post office to find out if my postal orders £1 and £10 are cashed or not and they said they still outstanding and not cashed out yet.

I also rang Bryan Carter Solicitors and the only information they are giving me is that the account was defaulted in 2008 and there has been a payment made in Feb;2012 from my side as well as they cannot give me an extension at all.

I think I am doomed big time, no hope at all. I do remember speaking to a debt management company and was in process to setting up a plan and made a payment for their services before they start any work on my case at all but later pulled out whilst in process of setting up plan to pay out to my creditors.

Now I am still confused about the payment of £20 made on Feb;12. Shall i just contact Bryan Carter and ask them to take case back if i start paying them.

Please help.

[Streetwise]

Re: please help got claim form from county court today

Thanks M1,

Today, I rang post office to find out if my postal orders £1 and £10 are cashed or not and they said they still outstanding and not cashed out yet.

I also rang Bryan Carter Solicitors and the only information they are giving me is that the account was defaulted in 2008 and there has been a payment made in Feb;2012 from my side as well as they cannot give me an extension at all.

I think I am doomed big time, no hope at all. I do remember speaking to a debt management company and was in process to setting up a plan and made a payment for their services before they start any work on my case at all but later pulled out whilst in process of setting up plan to pay out to my creditors.

Now I am still confused about the payment of £20 made on Feb;12. Shall i just contact Bryan Carter and ask them to take case back if i start paying them.

Please help.

Why don't you just take M1 s ADVICE.Or P.T.s Advice.

[jefstudent]

Re: please help got claim form from county court today

Well i would do but was trying to decide which will be the best course of action. go got unless order or file basic defense and then change it later but any idea how much cost will involve if i change the plea at later stage.

[Streetwise]

Re: please help got claim form from county court today

Well i would do but was trying to decide which will be the best course of action. go got unless order or file basic defense and then change it later but any idea how much cost will involve if i change the plea at later stage.

My help you to go to the section on the FORUM.

RECIEVED A COURT CLAIM.

and read the thread VERY WORRIED/IND/HEGARTY/LLP AKTIV KAPITAL MBNA.

[jefstudent]

Re: please help got claim form from county court today

Can you please read through and add anything in following Unless order request please. I am unsure with what date shall i put in draft please advise.



Q. What order are you asking the court to make and why?




An order that unless within 14 days of making this application the Claimant complies with a request made by the Defendant on 23rd December 2013 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim, namely (1) the agreement (2) the deed of assignment (3) the notice of assignment including
i.e proof, of service (4) the default notice (5) the termination notice, the claim shall stand struck out and the Defendant


shall be at liberty to enter judgment against the Claimant without further order of the court with the costs of this case to be paid by the Claimant to the Defendant to be assessed on the standard basis and pursuant to the provisions of
The litigants in Person (Costs ad Expenses) Act 1975. " .\
The application is made because of the Claimant's refusal (inability?) to comply with the Defendant's CPR 31.14 request




Q. How do you want to have this application dealt with? at a hearing or without hearing.




What information will you be relying on, in support of your application?


If necessary, please continue on a separate sheet.


On 23rd December 2013, following service of a claim form in this case, I wrote to the claimant solicitors who are acting in this matter requesting inspection of documents mentioned in the particulars of claim pursuant to CPR 31.14. A copy
of my request and certificate of posting is attached to this form. The claimant has to date failed to supply copies of
documents mentioned in the particulars of claim.


The defendant has been put at a disadvantage for filing a defense due to the claimant's actions. The defendant
contends that the claimant should have the necessary documents before proceeding with a claim against the
defendant. The claim is being handled by a firm of solicitors who should have a properly prepared case before issuing
any claim and not rely on their client to supply the necessary documentation that the claim is based on.





Draft Copy


Claim No: xxxxxx


Draft Order


1 Unless by 4:00pm ______________ the Claimant complies with a request made by the
Defendant on 23rd December 2013 pursuant to CPR31.14 by the provision to the Defendant of documents
mentioned in the Particulars of Claim, namely [1] the agreement [2] the deed of assignment (3) the notice
of assignment and proof of service (4) the default notice and [5] the termination notice
the' claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the
Claimant without further order of the court, and the Claimant shall pay the Defendant his costs of this case
to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person(Costs and
Expenses) Act 1975.


2 In the event that the Claimant shall comply with this order,


[i] the Defendant shall file and serve a Defence by 4:00pm on 17 December 2012 (28 days from date of
application) and


[ii] the Claimant shall pay the Defendant his/her costs of this application.

[Amethyst]

Re: please help got claim form from county court today

Date wise it's better to put within 14 days of service rather than a date in case the judge is extra slow/fast.


What order are you asking the court to make and why?
An order that unless, within 14 days, of making this application the Claimant complies with a request made by the Defendant on 23rd December 2013 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim the claim shall be struck out.


What information will you be relying on, in support of your application?
On 23rd December 2013, following service of a claim form in this case, I wrote to the claimant solicitors who are acting in this matter requesting inspection of documents mentioned in the particulars of claim pursuant to CPR 31.14. A copy of my request is attached to this form. The claimant has to date failed to supply copies of documents mentioned in the particulars of claim.

The defendant has been put at a disadvantage for filing a defence due to the claimant's actions. The defendant contends that the claimant should have the necessary documents before proceeding with a claim against the defendant. The claim is being handled by a firm of solicitors who should have a properly prepared case before issuing any claim and not rely on their client to supply the necessary documentation after the event.

-------------------------------------------------------------------------------------------------------------
Multiple choice bits should be
WITHOUT HEARING
DISTRICT JUDGE

----------------------------------------------------------------------------------------------------------

In the xxxxxxxxxxxx Court

Claim No: xxxxxx

CLAIMANTS NAME
and
YOUR NAME

Draft Order for Directions

1.The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement and any documents referred to within it which complies with the Consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended
• Copies of any statement or other document relied upon
• Document, contract or deed of assignment
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

2.If the Claimant fails to comply with this order, the claim will be struck out without further order.

3.The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant

4.If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[mystery1]

Re: please help got claim form from county court today

WITH A HEARING

http://www.legalbeagles.info/forums/...181#post276181

Also remove all the bits regarding compliance as for 31.14 it doesn't need to comply with any of the CCA regulations and is in fact particularly helpful to a defence if it doesn't.

M1

[jefstudent]

Re: please help got claim form from county court today

Hi,

Sorry M1 which bits do you want me to take off with CPR31. Can you please confirm the witness statement is standard

1. I jefstudent of xxxxx being the Defendant, am a litigant in person in this case.


2. I make this Witness Statement in support of my application for an order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14.


3. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for the delay nor a date given as to when I should be expecting to receive the relevant documents.


4.The Claimant and their representative have shown clear disregard of CPR31.15 which clearly stated that;
Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.


5. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)
“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”


6. Suffice to say that without the availability of relevant documents as stated in the particulars of claim for my inspection, I will therefore unable to defend the claim brought against me by the Claimant.


7.Statement of Truth:


I, jefstudent, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed:


Dated:

[mystery1]

Re: please help got claim form from county court today

Date wise it's better to put within 14 days of service rather than a date in case the judge is extra slow/fast.


What order are you asking the court to make and why?
An order that unless, within 14 days, of making this application the Claimant complies with a request made by the Defendant on 23rd December 2013 pursuant to CPR 31.14 by the provision to the Defendant of documents mentioned in the Particulars of Claim the claim shall be struck out.


What information will you be relying on, in support of your application?
On 23rd December 2013, following service of a claim form in this case, I wrote to the claimant solicitors who are acting in this matter requesting inspection of documents mentioned in the particulars of claim pursuant to CPR 31.14. A copy of my request is attached to this form. The claimant has to date failed to supply copies of documents mentioned in the particulars of claim.

The defendant has been put at a disadvantage for filing a defence due to the claimant's actions. The defendant contends that the claimant should have the necessary documents before proceeding with a claim against the defendant. The claim is being handled by a firm of solicitors who should have a properly prepared case before issuing any claim and not rely on their client to supply the necessary documentation after the event.

-------------------------------------------------------------------------------------------------------------
Multiple choice bits should be
WITHOUT HEARING
DISTRICT JUDGE

----------------------------------------------------------------------------------------------------------

In the xxxxxxxxxxxx Court

Claim No: xxxxxx

CLAIMANTS NAME
and
YOUR NAME

Draft Order for Directions

1.The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement and any documents referred to within it which complies with the Consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended
• Copies of any statement or other document relied upon
• Document, contract or deed of assignment
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

2.If the Claimant fails to comply with this order, the claim will be struck out without further order.

3.The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant

4.If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Take out the bits in red.

M1

[mystery1]

Re: please help got claim form from county court today

Hi,

Sorry M1 which bits do you want me to take off with CPR31. Can you please confirm the witness statement is standard

1. I jefstudent of xxxxx being the Defendant, am a litigant in person in this case.


2. I make this Witness Statement in support of my application for an order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14.


3. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for the delay nor a date given as to when I should be expecting to receive the relevant documents.


4.The Claimant and their representative have shown clear disregard of CPR31.15 which clearly stated that;
Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.


5. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)
“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”


6. Suffice to say that without the availability of relevant documents as stated in the particulars of claim for my inspection, I will therefore unable to defend the claim brought against me by the Claimant.


7.Statement of Truth:


I, jefstudent, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed:


Dated:

3,4 & 6 need removed.


You need to tell a story.

I received a claim form dated xxx from the claimant.

I sent a request pursuant to cpr 31.14 to the claimant on xxx. Exhibit 1.

The claimant received this request on xxxx as per the royal mail tracking service. Exhibit 2.

After the 7 day deadline in cpr 31.15 i contacted the claimant by phone. Exhibit 3 (the email you sent to confirm details of the call)

Each and every call need listed like that. When you agreed the extension needs explained.

The cpr 31.14 is outstanding to this date and the defendant , having given the claimant every opportunity to comply, has no choice but to apply to the court in order to force the claimant to comply with the CPRs.



M1

[jefstudent]

Re: please help got claim form from county court today

Thanks M1,

So I need to attach Bryan Carter letter as exhibit as well the one they sent me in response to CPR31.14 request saying that I need to refer to my own records or just give a reference of this letter and not attach it.

Thanks

[mystery1]

Re: please help got claim form from county court today

The judge won't know about anything, so yes.

M1

[pt2537]

Re: please help got claim form from county court today

Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the day of 2013


UPON reading the Defendant’s Application Notice dated
And


UPON the Court noting that the Claimant remains in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction and CPR Rule 31.14.



IT IS ORDERED THAT:

1. The Claimant shall provide the Defendant a copy of the contract referred to within the particulars of claim by 4pm on 2013 (28 days from the date of the order) If the Claimant breaches this paragraph then the Claimants claim shall stand struck out.
2. Upon the Claimant complying with paragraph 1 the Defendant shall file and serve a Defence by 4pm on 2013. (28 days after compliance with para 1)
3. The Claimant do pay the Defendant’s costs to be assessed if not agreed

DATED. Day of 2013

This is the text of an order ive used in the past, i do sometimes set out the documents required in the body of the order but it depends on the case in hand

[jefstudent]

Re: please help got claim form from county court today

Hi,

Rang court today thinking I can make a payment for unless order but she said you have run out of time for unless order and you might be still in time to file basic defense.

I mentioned about sending CPR and CCA request to claimant and their solicitor but received no reasonable reply or any requested documents at all. She said it might be most of the solicitors have just resumed work after Christmas and New Years which might is causing delays. Even if I place unless order they will still be able to struck out unless order with reasonable explanations.

what else she said that you will still be able to file unless order once case is allocated but send your defense as soon as possible.

I have searched for embarrassed defense templates. Can you please check they are fine to send. as well what else i can include with this basic initial defense.

Please advise.

Claim Number: 3xxxxxx

Between

Claimant Lowell Porfolio I Ltd.

And

Defendant jef

Defence

1. I _________, am the Defendant in this action and make the following statement as my defence to the claim made by Lowell Portfolio I Ltd.

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters:

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written contracts referred to; the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant’s claim.

b) A copy of the purported written contracts that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

c) Even though the Claimant posted what they claim to be a more detailed Particulars of Claim after issuing their online claim. No documents were attached to the claim form.

d) The Claimant has brought this action without fair warning in what appears ignorance of the Civil Procedure Rules Pre Action Protocols Para 4.3, as no letter before action was received.

5 On 15 June 2010 the Defendant submitted a request via first class mail pursuant to S.77-79 of the Consumer Credit Act 1974 (“CCA 1974”) for copies of any Consumer Credit Agreements purported to be the Defendants to the Claimant’s solicitor.

a) The Claimant’s solicitor wrote to the Defendant on 28 June 2010 stating that the Defendant should approach the Claimant directly for this information. The Defendant wrote to the Claimant’s solicitor on 30 June 2010 and referred them to Section 175 of the CCA 1974.

b) The Claimant’s solicitor replied on 1 July 2010 advising that they require a further 21 days from the date of receipt of the Defendant’s letter (believed by the Defendant to be 1 July 2010) in order to provide the information required. The Claimant has frustrated the Defendant by failing to fulfil the S.77-79 request within the recognised time limits.

6. On 8 July 2010 the Defendant submitted requests under CPR 18 and CPR 31.14 via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. The time limits in respect of these requests have not yet expired.

7. The Claimant is put to strict proof of the date of mailing of any Default Notices that they claim were sent and that their content was valid. To be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such a document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).

Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - (2001) GCCR 2255) but is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to my credit rating (Kpohraror v Woolwich Building Society - (1996 4 All ER 119).

8. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.

Statement of Truth

I ......... believe the above statement to be true and factual.

Signed

Date 16^th Jan;14