Bryan Carter, Littlewoods, Fredpay Help needed urgently**WON***

[mikecymru]

Hi,

I wonder if someone could give me some advice please.

My wife received a letter from Fredpay and another from Bryan Carter, They claim she owes £115 to a company called Phoenix recoveries (ref debt with Littlewoods). The debt dates back to 2002.

She has no record of the debt so we ignored the letters.

We now have a summons from Northampton County court, What should we do now?

Can someone help?

Thanks in advance

Mike

[linz2011]

Hi how much is the summons for and is it from Bryan Carter?

[pt2537]

In the XXXX County Court
Claimant -v- (YOUR NAME)
Claim Number: (CLAIM NUMBER)


Dear XXX

REQUEST FOR INFORMATION

I have received a recent 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 *********.
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.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
e. 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.
f. 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.
g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
i. 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,

XXXX (type, don't sign).

right, the first thing you need to do, in the morning

send this letter to them (whoever issued the claim) via special delivery


i will be back shortly to offer some more advice

regards
paul

[mikecymru]

Wow thanks for the quick reply, I will do that first thing tomorrow.

What can I expect back???

Thanks

Mike

The court summons looks official from northampton CC linz

Amount claimed 113,92
court fee 15,00
solicitors costs 50,00
total 178,92

[linz2011]

If you send PT's letter you will no doubt receive the usual letter saying they are not persuing - you need to log on to MCOL and acknowledge the claim saying you intend to defend

Good luck

[Curlyben]

What you can expect and what you should receive are entirely different things.

What you should receive is EVERYTHING that they will be entering as evidence including the original signed credit agreement (VERY important).

What you can expect is the run around as they realise you aren't an easy target.

As Paul says send this recorded, if not Guaranteed, delivery tomorrow as it is very important that you receive the paperwork in time to file a complete defence.

Now there are some important dates that MUST be adhered to.

Within 14 days of service (on the form) you MUST acknowledge service and indicate that you will be defending the WHOLE amount.

Now 14 days after that, so 28 days after service, you defence MUST be entered.

After that it's all with the courts.

So when was this summons deemed served ??

Any questions ?

[NailPost]

You can tell if the court papers are genuine, just look for an official stamp or seal. Call the court tomorrow if you still think its fake.

But you should definately plan to defend because that is a sure way of getting Carter's to scurry back under their rock.

[mikecymru]

Ben, The summons is dated the 30th November

Linz, What is the MCOL?

The letter has the official stamp.

So if I am reading this right it is unlikely that they will comply and probably not chase?

But I need them to respond in under 10 days or I wont have time to send defence docs.

Do I need to do anything else other than send the letter right now?

[Curlyben]

OK as it's MCOL you should be able to aknowledge on line.
The court document should have the pass code you need to access this site here: https://www.moneyclaim.gov.uk/csmco2...t_LoginCommand

Now I would acknowledge now and then wait for their response.

Put a big RED ring around 26the December as your defence deadline to make sure you DON'T miss it.
These people WILL go for a default judgement if they can

[mikecymru]

hi again,

I am acknowledging service on MCOL but dont understand if I need to contest jurisdiction.

thanks in advance

[Curlyben]

dont understand if I need to contest jurisdiction.

Nope not applicable in this case.

[mikecymru]

Thanks Everyone.

I will keep you posted.

Mike

[mikecymru]

Sorry ben

Do I need to date the letter that I send them??

Mike

[Curlyben]

Originally Posted by mikecymru

Sorry ben

Do I need to date the letter that I send them??

Mike

DEFINITELY

[mikecymru]

Thanks

It was a silly question.

[mikecymru]

ok, so heres an update. got a letter today thanking us for our recent communication and that they have referred the matter to their clients.

In the meantime they have placed the account on hold.

So I guess this is some sort of stall tactic, I thought they were legally obliged to pass on the file?

What should I do now???

Thanks in advance

Mike