Carter/freds claimform - cat 'debt' **WON DISC'D***

[mikecymru]

Hi everyone,

 

I am new to this forum and wondered if someone could point me in the right direction.

 

My wife has received a letter from Fredrickson International which states that she owes a sum of £110.25,

 

 

My wife does not understand the origin of the debt so calls them,

 

 

they say it is to do with a littlewoods account,

 

 

she has not used littlewoods for many years and consequently has no records.

 

They bully her on the phone to pay £15, or they will take her to court. Since then we have paid no money, although we are in a position to do so.

 

Bryan carter has since sent a letter and is promising further action.

 

Whats the next step? Pay up or take some other action.

 

I dont really want to pay if its just some made up thing!

 

Thanks in advance for any advice

 

Mike

[davethorp]

Send them letter N from http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

 

Ensure that you put nice big bold letters at the top of the letter saying "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY", do NOT sign the the letter, enclose a £1 postal order (not a cheque as this has signature on) and post recorded delivery to them

[pt2537]

Just to add to the advice youve been given,

 

Dont sign the letter either, instead use a digital signature such as the http://www.consumeractiongroup.co.uk/forum/general-debt/110578-digital-signature-guide.html Also most important, if you can afford to do so, send the letter via Special delivery not recorded as special guarntees next day delivery with a signature. recorded does not allways get you a sig, especially if its delivered on a bulk sheet.

 

regards

paul

[mikecymru]

Thanks Dave,

 

Thats great, my wife already paid £15 foolishly.

 

Does this admit any form of guilt and do you think we can get it back or is it best to write it off?

 

mike

[mikecymru]

Thanks thats all good advice

 

One more thing who do I send the letter to? Fredrickson or Bryan Carter?

 

And what can I expect to happen next?

 

Mike

[pt2537]

No because you paid is not an admission of guilt.

 

send a copy of it to the people who most recently wrote to you, in fact i would send a copy to everyone who is chasing you for this debt that covers all bases

[mikecymru]

thanks, I think I'l ask them for the 15 quid back as well.

 

No harm I suppose

 

Thanks for the advice

[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/frontendcontroler?eForms_action=next_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]

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

[mikecymru]

Hi,

 

Got a reply from B.C. today not sure what to do next. I had asked for details of a debt they are chasing which we have no record for.

 

link to previously posted thread:- http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/122849-bryan-carter-littlewoods-fredpay.html

 

 

They say the account is on hold, but I dont trust them.

 

Should I do something else and when do I need to submit something to the court to tell them they havent provided me with the necessary information to defend myself?

 

 

 

any help would appreciated.

 

Thanks

 

Mike

[pt2537]

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.do not trust them as far as you could throw them!!!!!

 

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

 

right then, proceed as normal,

 

i trust you sent the CPR disclosure letter? if you did dont worry we will put together a defence to their action.

 

i trust they have not supplied you with any documents yet?

 

we carry on regardless as it has been known for these companies to play silly beggars and try to get you to not file a defence then file for judgment in default cause you failed to supply a defence

 

 

regards

paul