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Phoenix/carter split court claims argh! 1 ccj already


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OK, you sent the court a letter, but did you file a defence? This is very important.

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

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No, you have 14 days from filing acknowledgement of service to file your defence - even if this is only an "embarrassed" defence that you cannot file a full defence as BC did not disclose under CPR section 18.

 

You present your defence at a hearing, but have to submit it - that is why they have managed to obtain judgement by default.

 

I'm going to re-read your thread and see if I can help you apply for a set-aside of the CCJ.

Edited by tiglet
my two-year old was "helping" mummy type

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

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I've asked PT237 to have a look once he gets on-line.

 

In the meantime, i personally think you may have a good case for a set-aside on the grounds that BC did not comply with your request under CPR section 18 and so you could not submit a defence. The courts may question why you did not submit an "embarrassed" defence but as you are a layperson, may be favourable to you.

 

Did you report BC to the law society or the court for this action?

 

Once a legal bod comes along to discuss the aspects of law (which is what I feel you now need at this point in time) you may get more comprehensive advice on how to proceed.

 

In the meantime, try not to stress and be assured you'll be getting some help soon.

 

Tigs xxx

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

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Roger. Call me cynical but it would appear that Mr Carter wiped your eye by telling you the account was on hold and then sneaking a default judgement through. What you need to do now is first of all get the CCJ set aside on the grounds that you were not informed of the court date. Send the court a copy of BCs letter. You also need to send the details of BCs tricks to the Society of Solicitors as he is very wrong for only getting a CCJ for his costs.

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Hi, this is in reference to my other thread currently ongoing........

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/137702-updated-phoenix-nightmare-carters.html

 

Carters took me to court for their "fee's" on a debt then Phoenix (allegedly) passed the same debt to EOS Solutions at exactly the same time as Carters wrote to me with court claim form. EOS wrote to me at the same time saying the debt had been passed to them by Phoenix. Obviously i sent Carters a CPR for the account, since then and the ongoing claim against us we have heard nothing at all from EOS. Carters are now still trying to claim for the full account (debt), even though the court claim for their fee's went against us !!!!! Who is actually chasing for this debt i have no idea, was it passed on or are Carters/EOS/Phoenix all the same ?

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This is my reply to an earlier thread about this despicable Carter

 

Carter is in breach of the Solicitors' code by going for his fees. This means he is putting HIS needs before the needs of his client. This is ABSOLUTELY not allowed, but he seems to be greedy, and doesn't appear to want to operate within the law. He is a DISGRACE to the legal profession. Please ensure that the Solicitors' Regulation Authority is made aware of this despicable and unlawful practice

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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2 threads merged. Please stick to one thread per topic, thanks.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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This is my reply to an earlier thread about this despicable Carter

 

Carter is in breach of the Solicitors' code by going for his fees. This means he is putting HIS needs before the needs of his client. This is ABSOLUTELY not allowed, but he seems to be greedy, and doesn't appear to want to operate within the law. He is a DISGRACE to the legal profession. Please ensure that the Solicitors' Regulation Authority is made aware of this despicable and unlawful practice

 

 

Here Here Rameses,

 

I have seen this "cost only" claim at first hand also and totally agree with your anaylsis of this so called Law Practice, I wonder if there is anything as group on here that can do a mass complaint to the SRA signed by CAG members ???

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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It beggars belief that this guy is getting away with this !!

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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.

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Beaubrummie

I agree whole heartedly with you and rameses, this carter guy is making a total mockery of the legal system , and getting away with it.

 

I blame all the other members of his profession, by that i mean solicitors, barristers, judges.

 

I simply don't accept that they don't know whats going on, and if they don't stand up and do something about him, then they are as bad as he is IMHO.

 

If the status quo prevails, we are all stuffed, because others will follow, just as soon as they realise that he is getting away with it, without protest.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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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.

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Hi All.

 

I have tonight emailed the SRA with this as an attachtment explaining why I think they should take some action with BC

 

 

Dear Sir/Madam,

 

I thank you for your letter dated 02 May 2008 regarding the “Discontinuance” of the above numbered case.

 

With regard to the above case could now please confirm that this matter is now at a close, and that you will no longer be pursuing me for any financial settlement of the above case, nor its remaining balance that you did not attempt to bring into particulars of claim.

 

I have on two occasions now asked you for information, namely a request for the executed agreement for which you raised the above claim, under s77 and s 78 of the Consumer Credit Act, dated 14 April 2008 which has been signed for by your office, and a further request made under the Civil Procedure Rules, this being dated 24 April 2008, and signed for again at your office. It has been noted that you have declined to acknowledge either communication for what reason only known to yourselves.

 

Point 4 of the latter request asks you for a copy of your complaints procedure, which I still insist that you send me as a matter of urgency.

 

The issues that I feel you should address within this case are specific to s35 of the County Courts Act 1984 where it is unlawful to split “Cause of Action” and I would therefore seek your assurance that as a firm of Solicitors monitored by the Solicitors Regulatory Authority that this was unjust, and in hindsight a mistake by a junior member of your team, who has been duly disciplined. I am also looking to claim the costs incurred to which I am entitled, which I will notify you at later date. I am in no doubt that if these points are not answered in a satisfactory manner, then I will have no choice but to raise the issue as an official complaint with the above named regulatory body.

 

Other options are open to me namely the “Financial Services Ombudsman” and the “Law Society” would also be interested to ask the same questions as I have regarding this case and I am sure I would not be the only case of this kind dealt with by yourselves.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Appologies if you have seen this before !!!

 

 

BB

Edited by BeauBrummie
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Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Nice one BeauBrummie:)

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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

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  • 2 weeks later...

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.:)

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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.:)

 

 

Excellent news. Enjoy your pint :)

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

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