County Court Claim Form from Bryan Carter Solicitors

[beerye]

Re: County Court Claim Form from Bryan Carter Solicitors

Not to sure about time frames for submitting a defence, hopefully my replying will bump this up for you and someone with knowledge in that field will come along.

As for a reply to your CCA request, what type of account is this for as you mention possibly a bank account, so is it for an overdraft? It's just the template letter in the earlier posts is mainly for loans and credit cards. I'm sure there will be a template somewhere on the site for overdrafts quoting The Consumer Credit (EU Directive) Regulations 2010

Hi Totoro,

I think it may be a bank account overdraft. I thought that maybe the CCA request would cover an agreed overdraft. Haven't heard of The Consumer Credit (EU Directive) Regulations 2010, will look into that. Thanks.

I'm not sure what I should do next. Bryan Carter has said he's not agreeable to an extension but hasn't sent any information as per Practice Direction 7C point 1.4 (3A). I don't know how to defend a claim if I don't know the details.

B

[Cadburry]

Re: County Court Claim Form from Bryan Carter Solicitors

Hi Beerye,
I am in the same situation as you, I am defending a credit card of £900+interest and legal cost = £1500. Today I have sent the CCA, CPR31.14 request and SAR. I received the CCJ notice on 25th January and acknowledge it online on 2nd February. I got default in 2007 and since then u havent made any payment or never get contacted so according to a lawyer on this forum it is time barred now. I have also read that regardless of our requests to Bryan Carter, Lowell and HSBC, I have to file a defence before deadline. Is it true? Have you filed your defence yet? I am struck now at this point. And dont know what to do.........
Regards.

[FlamingParrot]

Re: County Court Claim Form from Bryan Carter Solicitors

Hi Beerye,
I am in the same situation as you, I am defending a credit card of £900+interest and legal cost = £1500. Today I have sent the CCA, CPR31.14 request and SAR. I received the CCJ notice on 25th January and acknowledge it online on 2nd February. I got default in 2007 and since then u havent made any payment or never get contacted so according to a lawyer on this forum it is time barred now.

That being the case, you can just submit a SBd defence. See this post: http://www.legalbeagles.info/forums/...769#post409769

I have also read that regardless of our requests to Bryan Carter, Lowell and HSBC, I have to file a defence before deadline. Is it true? Have you filed your defence yet? I am struck now at this point. And dont know what to do.........

No, it isn't true, you have 28 days to file a defence and no-one can change that. What has been happening is that Bryan Carter never provide the documents requested, nor are they agreeable to an extension to submit your defence. This leaves you with the option to either submit a defence based on the information you have, without the documents, which is far from ideal, or else apply to the court to force disclosure with an unless order.:juge:

You may want to look at this post: http://www.legalbeagles.info/forums/...743#post409743

[FlamingParrot]

Re: County Court Claim Form from Bryan Carter Solicitors

Hi Beerye,
I am in the same situation as you, I am defending a credit card of £900+interest and legal cost = £1500. Today I have sent the CCA, CPR31.14 request and SAR. I received the CCJ notice on 25th January and acknowledge it online on 2nd February. I got default in 2007 and since then u havent made any payment or never get contacted so according to a lawyer on this forum it is time barred now. I have also read that regardless of our requests to Bryan Carter, Lowell and HSBC, I have to file a defence before deadline. Is it true? Have you filed your defence yet? I am struck now at this point. And dont know what to do.........
Regards.

They have 40 days to respond to a SAR and, unlike the CPR request, you can't request an extension based on the fact you are waiting for it. If you received the claim on the 25th of Jan and only sent the SAR today, you won't have time to wait for it before your defence is due, unless an extension is agreed. :clock:

[Day1982]

Re: County Court Claim Form from Bryan Carter Solicitors

Im having problems with Bryan Carter too but cant seem to start a thread.........any ideas ????