Phoenix/carter split court claims argh! 1 ccj already

[citizenB]

bumping x

[B3rty]

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....

[rogermeard]

Any other opinions on what i should do next or sit tight until i hear something again?

[Windywoo]

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!!

[rogermeard]

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?.

[42man]

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...!!

[rogermeard]

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?

[42man]

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....

[42man]

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...

[42man]

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 !!)

[rogermeard]

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.

[drob]

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,

[rogermeard]

Anything else i should do with this one?

[rogermeard]

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 May 17, 2008 by rogermeard

[sillygirl1]

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.....

[rogermeard]

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 May 17, 2008 by rogermeard

[sillygirl1]

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.

[rogermeard]

What do you mean by "claimed judgement", does that mean they can judge or a court?. Surely someone has heard this case?

[sillygirl1]

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.

[Dispirited]

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?

[sillygirl1]

Dispirited, please start your own thread on this.... that's the best way to deal with things at the moment.

 

MODS can you do a new thread for Dispirited if they can't....

[Dispirited]

Okay will do, thanks sillygirl.

[sillygirl1]

Just found this thread against Carters, might help get a case together for the counter claim

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/139265-bryan-carter-solicitors-how.html

[tiglet]

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.

[rogermeard]

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.