Jump to content


  • Tweets

  • Posts

    • I've read loads of old messages about what to do but feel my case is different, it's a bit of a back story so ill break it down. - Had a letter from an Italian province in July of 2020 for a speeding offence in 2019 for 575 euros, was in a hire car I used for work, no longer work for them and heard nothing from either. - Thought blimey, but went to pay it anyway, it had doubled to over 1100 euros, yeah I can't afford paying that, filled out the attached information sheet to say it was me driving but I have no money or job due to COVID (true story) and sent it back (durrrr) - Heard nothing until December of 2023, a letter from an appointed solicitor from Florence saying if I don't pay, we will chase you through the legal system with costs born by you. - May of this year, I get a letter from CLI (Credit Limits International) saying they have been appointed to carry out the collection, £1475. - Stupidly, I started the 'three letter process' asking for proof etc, and they replied a few days ago with a copy of the fines I had received from Italy, they stated the debt has no terms and conditions as it relates to a fine in Italy and the debt is not subject to the Consumer Credit agreement. I translate that to "at the moment we don't own the debt and have been given authority from Italy to pursue the debt". That is where I am currently at, I would begrudge giving in and paying an obscene amount. As seen from similar threads, I know a threat of a visit is coming, followed by a threat of court action, but annoyingly it hasn't been mentioned how these cases were concluded and the threads are now locked. I've read to ignore them, but can't help but feel that because it's such a substantial amount that they will feel it's worthy of pursuing this no matter the hoops they have to jump through. Along with admitting it was me driving and opening the can of worms by contacting the DCA, it wouldn't look good for me should it ever get to a courtroom.  Has anyone with previous experience managed to 'get away with it'? Anyone know what they're capable of other than nagging me? I'm not after any moral judgment. Forgot to add, got friends in Italy, and one of them rang the Police where the fine came from, and her reply was “Tell your friend it’s not a big deal, it’s only a speeding fine we’re not going to chase him, tell him in future to take his foot off the gas, however it he returns to a Italy and gets control checked, he would be held until the fine is paid”  A bit odd I thought, considering I am being chased now.
    • take the SD card out and put on a pc/laptop then run recuva on it in  select videos only option select specific location hit browse then select drive letter of the SD card. then next  then deep scan then go have a cup of tea..  when done dont recover the all files back to the card select a new folder on your pc/laptop        
    • hi all, i will list my curmcumstance first then list the details of the penalty charge - we are 2 diabled people being affected by the cost of living crisis and are skint etc. i am disabled with mobility issues(arthritis in knees and ankles and gout) and cant operate car pedals anymore so i let a friend up the road use my car in exchange for her driving me about. its a good arrangement as i get a 'chauffer' and she gets the use of car. the car is parked in her drive which is better as i was refused a disabled space (even on appeal) and too much congestion to park the car outside my house. my friend is vulnerable as she has suffered depression and suicidal thoughts since the loss of her mother a few years back, she is dyslexic, she is a carer for one of her sons that is disabled due to mental illness and mobility. she lives in a council house and cannot work. we went to iceland ..attracted by the 10items for £10 offer - we've never been there before. a large artic lorry was parked accross the car park blocking the view of one of the parking signs and blocking the disabled bays where the pay&display machine is. by the time she helped me out of the car and then went to see if it was pay&display then came back to me at the car she said she thinks it was pay even for disabled, so we looked for change in the car which we didnt have (she normally goes asda which dont need to pay for parking)so then we said we'd either go get change or go to asda...so then by the time it took her to help me back in and get out the car park took 15 minutes...5 minutes overstay past the 10minutes grace. the letter from excel parking came through and i sent it back giving her name as driver (before i saw on here that you shouldnt name the driver) then i appealed explaining what happened (lorry blocking etc) and even said we were being descriminated (advised by citizen advice)as we are disabled and 15minutes is not long enough for a crippled disabled man and a woman with dyslexia to read and understandd the sign and get out, then back in the car and look for change then get out the car park in 15minutes. i even explained she was a vulnerable person on anti-depressants and even sent a photo of medication and said if you need a doctors note then let me know....the appeal was rejected. i've emailed iceland over 50 times and they just wont tell excel to cancel this charge - they are ignorant and ive even asked them why they have a webpage saying 'iceland combatting the cost of living crisis' pretending to help their customers and they wont comment...they'd rather put more stress and anxiety on an already suicidal vulnerable person just to get money out of them..so their 'help' during this crisis is a lie as it wont even extend to disabled customers. she has now received 2 letters from DCBL saying she owes £170 for 5minutes of overstay. the last one is a final demand. as she cant read or write very well ive sent a recorded letter to DCBL (as advised by citizen advice) asking not to attend the property due to a vulnerable woman inside the property as it will only exasperate the situation, they have ignored it and basically said we dont care, you still owe. could anyone please advise - we are not very good with letters or these situations and are slow on the uptake.   1 The date of infringement? 28th dec 2023   2 Have you yet appealed to the parking company yet? [Y/N?] yes   If you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload guide]cant do that - will have to get my son to do it when he visits   Has there been a response? yes   Please AS A PDF FILE  ONLY ..post it up as well, suitably redacted. - follow the upload guide]cant do that - will have to get my son to do it when he visits   If you haven't appealed yet - .........DONT ! seek advice on your topic first.   Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] yes   What date is on it? 15th january 2024   Did the NTK provide photographic evidence? yes   [scan up BOTHSIDES to ONE PDF of the PCN and your NTK - follow the upload guide] please LEAVE IN LOCATION AND ALL DATES/TIMES/£'scant do that - will have to get my son to do it when he visits   3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?] not on the front - maybe on the back but cannot find the letter now   4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] yes   5 Who is the parking company? excel   6. Where exactly [Carpark name and town] did you park? gravesend in iceland    
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Phoenix/carter split court claims argh! 1 ccj already


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5319 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

bumping x

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Replies 81
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Pheonix are private equity investors who purchase zero rated assets, or debt that's been written off for pennies in the pound.

 

They are only interested in collecting the whole amount or litigating this unsecured debt to get a court judgement thus ofering a quick profit.

 

As they are offshore they allocate servicing agents like Marlin who openly advertise an automated litigation service for a fast result

 

The good news is they dont like it when you defend as their process is dependant on uncontested bulk claims....

Live Life-Debt Free

Link to post
Share on other sites

I'm in a similar situation with Littlewoods, no credit agreement, and this has been going on since April 2007. I reclaimed all charges, they sold the account to Moorcroft whilst in dispute, the account was returned to Littlewoods, since then I have had phone calls and charges added to the account again. I wrote to them offering a FAF, about 50%, they took it that I was unable to make required payments to the account, and that it was now being dealt with by Phoenix!

 

Littlewoods have very kindly given me an address for Phoenix:

 

Phoenix Recoveries Ltd

Unit 16

Boundary Buisness Centre

Boundary Way

Woking

GU21 5DH

 

I await their correspondence with baited breath!!:D

L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

Link to post
Share on other sites

Ok guys/gals. Still not heard back from Carters only a letter saying my account on hold whilst they request docs etc. No action on their County court claim yet. What do i do , it's been ages since i sent them the CPR letter with no action/contact since. Any ideas on next step?.

Link to post
Share on other sites

Wait until you hear back Roger......if they can't comply then you have a valid defence that any judge would throw out, no doubt you have seen other successes against Bryan Carter....it stumps them when people try and defend, as they just expect you to curl up and die and they hope to win by default...!!

Link to post
Share on other sites

Right UPDATE.............

 

Heard from Bryan Carters today threatening County Court Action on the same account again, the figure has also gone up another £25 for what??. Anyway they last wrote to me saying my account was on hold pending a response from their client (phoenix), this was in reply to my first letter (see earlier part of thread. Now how can i be taken to court when i am in dispute in County Court Already for this account with them. And why have i had no response from them regarding my request (see earlier part of thread). I am mightily P%$£"^D off now and am getting nowhere!!!!!. Anyone shed some light?

Link to post
Share on other sites

In one word Roger no, they may try but Bryan Carter have got a record on these forums of losing when faced up to obtaining the paperwork....if they have said it is on hold then you will have to wait until they come back to you....fight them all the way, They have a nasty habit of just claiming their fees in a CCJ too....they really need reporting to the Law Society, as it is an abuse, and I think it is either unlawful or illegal to break the debt down to avoid their obligations to you....

Link to post
Share on other sites

As it stands Roger you have made a reasonable request for information to enable you to make a defence. (keep this at the forefront of your mind)...., if they send you another CCJ, fight them...if need be go and see your MP and explain what is happening...If you were to stand in front of a judge without any paperwork...you could quite easily get their case thrown out as they have provided NOTHING to substantiate....(and claim your costs too).....there is a defence if they don't provide what you have asked...

Link to post
Share on other sites

Every time you send them a letter state at the bottom you are charging them £150 for your time and your time spent consulting, writing letters, seeking advice and researching law.....(why not ? they are doing exactly that to you !!)

Link to post
Share on other sites

They have a nasty habit of just claiming their fees in a CCJ too....they really need reporting to the Law Society, as it is an abuse, and I think it is either unlawful or illegal to break the debt down to avoid their obligations to you

 

The original CCJ case currently in court "on hold" is there claim for £169 +costs against me, even though in the POC it says i owed £1000+ for the "debt" and that the figure "claimed for" is part of that debt. So i guess they are trying to claim for their expenses only. After they claimed in court i had a letter from another DCA they passed the alleged "debt" to?. Then after i sent them the CPR for my defence (to which i have received nothing from them, over a month ago) they replied my account is on hold now back to the full amount £1000+. I am going round in circles and they are charging me for letters on an account that is on hold and in dispute. Surely i shouyld have heard from the court by now or recieved my info as requested in my CPR. How long does this go on for . I feel so angry and very depressed that i just feel like running away as i can't face this constant chasing and cat/mouse games.

Link to post
Share on other sites

Hi rogermeard, Yes it does get you down but keep your head up and fight. Your never going to be alone with your fight and as you already know, you are always going to get great support and help on these forums,

Link to post
Share on other sites

IMPORTANT UPDATE......................................

 

Got a letter from the county court today saying that they have passed judgement as we did not reply to claim form??????????????

 

They say we must pay £? per month until debt is payed to Bryan carters, only for £250 or so , (their fees i guess) and also in the same post delivery another letter from Bryan Carter trying to threaten us with court action for the actual debt £1000+. Now i sent them a CPR regarding this debt and copied it to the court also including the acknowledgement of service form. I heard back from carters saying account on hold and heard nothing from the court, who have now passed judgement on us in favour of carters. I also sent the court a letter explaining that carters are acting illegally claiming for costs etc and still claiming for the debt.

 

Surely the court should have contacted me regarding the hearing date???

My wife is now in tears and i am absolutely gutted , i feel i've lost all my fight now. I wonder what the point of bothering to fight them is now.

Edited by rogermeard
Link to post
Share on other sites

Phone the court on Monday stating that you received no paperwork from them regarding date and you have a defence as BC are claiming part of the debt only and not the whole amount. Insist that they give you the information to get a set aside and report BC to the Law Society, I suspect that it may be a ruse on BCs part rather than a letter from the court itself, anticipating their win.

 

Please contact the court, stating you have never received any date for a hearing and that you have already requested information from BC which was never received. Explain also that you have another letter going for the whole amount which is against the County Courts Act.

 

Also take both letters to your local Trading Standards and Citizens Advice bureau and ask for their advice. You will possibly need to get a local solicitor onto this disgraceful behaviour.

 

Also contact your local MP and explain that BC are breaching all sorts of guidelines here...

 

Make as much noise and fuss about this as you can to highlight the fact that this is NOT ALLOWED IN LAW and these are licenced legal people breaking their OWN LAWS.....

Link to post
Share on other sites

Thank you for your reply. I have checked the case on the courts online service and a judgement has been entered against us . I can't understand why i was not notified of the hearing date as i sent them copies of the letters to Carters and the acknowledgement of service form and a letter stating i will be defending the claim in full pointing out that Carters are acting illegally etc. It's almost like i don't exist.

Edited by rogermeard
Link to post
Share on other sites

I wouldn't mind betting that BC did an online check and claimed judgement on day 21 which is another 'abuse of process' as you had already stated you wanted to defend it.

 

I'd personally visit the courts and demand to see the court manager and get this sorted - its a clear breach of the County Courts act, if the court manager can't help state that you are going to the Law Society and you will ensure that the court has a complaint lodged against them at the highest level.

 

Get your MP involved as they should be able to help as well. BC have clearly abused the process and need taking to task. I'd also contact the Law Society and send them copies of the letter from court and the second letter from BC- they CANNOT SPLIT A DEBT under any circumstances and sue you twice.

Link to post
Share on other sites

Claiming judgement means they have gone online and stated they have received no defence (very Naughty but the courts are sometimes very slack in updating online claims - and BC know it).

 

I have PMd you in return.

Link to post
Share on other sites

Hi, hope you don't mind me hijacking this thread, my daughter seems to be in a similar situation. Very interesting thread by the way.

 

Last summer we CCAd Buchanan clark & wells. No reply and they have been in default since September 2007.

 

Now along comes Bryan Carter. I have found a letter from them dated April, and another one that has arrived today informing my daughter of court proceedings.

 

I desperately need some advice on how to deal with these clowns and also how to deal with the court papers?

Link to post
Share on other sites

Ok, did you file an acknowledgement of service and a defence with the court within the prescribed timescales?

 

Sorry to be a bit thick, but I can only see from the thread that BC told you this was "on hold" - did the court actually tell you this/

 

It sounds to me as if BC have gone for a judgement by default because the court did not receive your defence. In order to get this set-aside, you would need to show a good reason why your defence was not submitted and why the judgement would not in all likelihood be made if you had entered your defence/attended court.

 

if I'm wrong and you did submit your defence to the court, please let me know as that is a whole different ball-game.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

Link to post
Share on other sites

I submitted the acknowledgement of service to the court plus a copy of the CPR letter i sent Carters and a letter notifying the court that i intend to defend and that Carters are abusing the legal process etc by splitting the claim etc. All of this was sent well within the timescale.

 

It was Carters that said my account was on hold (they are /have still been harrassing me for payment/court action) even though its on "hold". I heard nothing at all from the court, no hearing date or anything. I have also received none of the info i requested from Carters/Phoenix in my CPR letter.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...