UPDATE........... Checked on the Online Court Site. Claim status... It states that a claim was issued against me. (Correct) Then confirms that i sent the Acknowledgement Of Service with date (correct). Then dated 3 days after recieving the above docs it states that the Court is in reciept of my defence. (Incorrect)!!!!!!!!!!!. I've only sent the CPR 31.14 to the claimants Solicitor, thats all. To which i have still not had a reply to it was sent 9 days ago!! Any advice?

I've only sent 42mans draught currently. will await response.

For further background info

Thanks 42man and Bubblecat......however which do i send in then? I see 42mans draught goes to the claimant solicitors . Do i send in bubblecats draught as well ?

Look at the risk of sounding frustrated..... the DCA has been after on/off a credit card debt after it was allegedlly assigned to them by the CCard co. I have repeatedly req CCA etc from them to which they send out a printout of transactions on the card and a dodgy scanned copy of an agreement which has wrong address and dates etc on. This i can prove. I stupidly wrote a signature on a first letter to them nearly 2 yrs ago before i realised you don't do that.I believe the sig may have been copied/scanned. They have continually on/off offered lower settlement figures etc, further action via SD etc etc. I am surprised they are taking it to court now as they hold very dubious documentation.

Thanks for the advice everyone. The Acknowledgement of service has been done yesterday. All i wanted to know was what/how to present a defence.....do i send the court my reasons for defence or ask for a hearing so we can present it? It can't be hard for me to prove they are wrong as i have physical evidence disputing the details that are presented on the alleged agreement . I'm getting confused with peoples inputs conflicting. Can we keep it simple? Oh and Donkey....it was a letter that was a notice of assignment, which i don't think i still have??

The dubious docs refer to alleged incomplete agreement that has been tampered/scanned by them with address and dates not corresponding by over 4 months to reality!! Also title prior to name is wrong. They have generated the alleged deed of assignment......which also conflicts with the dates they have provided on the POC . The amount they are claiming for is higher than it actually was. They are claiming interest for a sum that is less than £5k. A variety of errors on their part i feel.

POC as follows..... Monies due under regulated Credit Agreement number 222222222222222222 Between ????????????????? Limited and the defendant the benefit of which was assigned to the Claimant on ??/??/200?. The Agreement terminated upon the Defendant(s) failure to comply with the terms of the Agreement and or the statutory Notice Of Default served by ???????????????? Limited. The Claimant seeks interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.64. Any payments or queries should be directed to the Claimant etc etc.(Tel)

What is a CPR18?? Our last dealings with a County Court Claim on a different matter ended up with us having to appeal against the judgement as i didn't enter a defence properly. All i want to know is what section of the form i send back and what do i put with it. If we claim we are defending then will it actually get to our local county court for a hearing?. Which is what i want so i can physically prove the docs are not correct. I am surprised the DCA has gone the court route after 2 yrs or so, and our comms to/fro regards dubious docs and their endless offers to settle for lower figures. Weird and silly.

Hi guy's, i have over the years been in/out of dealings with an account with a DCA that is famous throughout this forum, well they seem to have upped the ante now and have put a claim for the debt through the Bulk County Court Centre. Now i have CCA'd this dca repeatedly and always get the same useless scanned/photocopied docs from them. Now i know for definite that one very important doc has been fraudulently tampered with by them as dates/addresses do not match etc to fact. I suspect it was tampered with as we stupidly signed a letter when we first dealt with them a while back. They are also claiming for interest from deed of assignment (wrong dates again as well) and daily interrest. Now i want to defend this claim, what do i send back to the courts?. Just the form stating defence or evidence etc or does that come when /if we physically go to court. Will be very interesting if they present these alleged docs and i can deffo prove are fake and wrong.

UPDATE................... Went to court and the CCJ has now been Set aside with immediate effect. Carters didn't even turn up. End of the matter for now. Never ever give up is my advice , especially when you are being clearly stitched up!!. I am now going to have a well deserved pint.

Hi, just finished paying a couple of debts off to the above DCA, i can't find a phone number to call them on as i want a letter for each debt showing it has been satisfied. Anyone know their number??

UPDATE: Got a hearing date for the set aside of judgement. Excellent news i can now put my bcase and evidence across to a real judge. Will update asap.

So what would be my next course of action or sit tight?

UPDATE (agian on a friday..lol!!)....................... Recieved a reply from Capquest saying they have enclosed the agreement and terms and conditions etc and thier obligation under the CCA 1974 is fulfilled. I haven't got a scanner but this is EXACTLY the same as what they say is mine, although the interest rates are different, a photocopy . My card was from 2004. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html#post1084114 Is this enforcable or not what i asked for??. Sorry for borrowing someone else's pics.

Did it go to Court and did they get a judgement against you?. If not then the Bailiff's can poke it!!

I CCA them in May last year it's now a year on and they are still presenting that scanned photocopy of an Agreement with no Terms and Conditions and a rubbish pretend letter from credit card co..... ....who incidentally i contacted last year and they had no knowledge of a letter written by them saying the debt was sold to Capquest, the dodgy letter was also enclosed in the same envelope as a letter from Capquest.. ....DUMB!! I wish these guy's would take me to court instead of continuous threats, if they had a case to present and feel they can confidentally present it then do it for gods sake. Instead its bully, bully ,bully all the time. Will it end ever??

I had a neighbour come round a while back saying a "Ian" from Glasgow had rung them looking for us as he was a family friend and lost my number, he wanted to know if we were still living there. No surprises what that call was..........DCA. How illegal is that phoning someone in my street who is not Ex Dircetory. It was embarassing.

UPDATE............................. As usual its a friday reply from Capquest. got a letter from them saying they were not aware a dispute was in progress. They then refer back to my request in May last year for the CCA to which they say they sent to me (they did but was a dodgy photocopy). Well they again have sent the dodgy photocopy saying it's an agreement plus they will forward the Terms and Conditions once they get them from the credit card co?????. That doesn't sound right??. The debt was from 2005 so are they trying to get copies of the new amended terms and conditions? They then have included a series of printout's that claim to be statements from the card account, they are not proper statements though just a list of purchases /payments etc. Also they have included a letter from the Credit card co saying that they have sold the account to Capquest. Now this"letter" is very very iffy, it has no Credit card address, is signed by someone from "risk management" and just looks plain wrong, it's not original just printed and the titles and colour are very faded. Also Capquest are saying they are not bound by the CCA 1974 because i didn't include a £1 postal order?. But they do endeavour to fulfil a request at the earliest oppurtunity. My account is again on "hold" Now guys what do you make of all that... ....oh and they say that i have not contacted them since last June but in turn niether did they so why the long break. All these DCA's have resurfaced chasing us since we had a CCJ for mortgage arrears in Feb this year, it was all quiet before that.

I spoke to the Legal Complaint Service today and SRA. They are getting a letter with all details regarding my dealings with Mr Carter!!

I got a reply from the SRA today, it has been passed to their legal complaints and i am contacting them by phone tomorrow to discuss and make a full complaint. Something needs doing now about this type of practice. I'm lucky i have this forum to help but others don't and just fall victim to these tactics causing untold stress and heartache.

I have emailed the SRA about this solicitor and am awaiting a reply.

My god, these boy's need taking to task. They must work 24 hrs a day with all the cases they claim on. The method i have noticed is exactly the same in all cases. Claiming for part claim on debt (fees) getting judgement because Northampton Court is either swamped or not administering it's cases properly, then the next you hear is a "judgement for claimant" letter and they have won..... ....then comes the really good bit........ ...Carters then still pursue you for the original "debt" full amount!??!???. Totally ignoring CCA and CPR requests, saying your account on hold and still sending letters (charging for em!) with titles like "County Court Judgement" at the top and threatening court action on the account. This is getting ridiculous now , where will it end? :-x:-x

They are famous for flouting the regs. they have done the exact same thing to me. See my link.......... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/137702-updated-phoenix-nightmare-carters.html?highlight=bryan+carter

It's Carters going for their fee's, i have just had this happen to me. Please read my thread and fight them as much as you can and put in a complaint about them. I'm sure somebody will come along soon with some advice. See my link............................... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/137702-updated-phoenix-nightmare-carters.html