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B Carter & Co ** NOTICE OF DISCONTINUANCE


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Hello all, I introduced myself a couple of weeks ago, I have a few problems that I would appreciate some help with please. The most important one relates to Claimant: Phoenix Recoveries, with B Carter address for submission of documents.

I have no recollection of this debt and what it relates to, and having looked at my credit report it states a default was registered on 18/03/02 - my name has been spelt incorrectly so I guess it's the same one. This was during a period when many things were going wrong, but I have no other recollection - possibly a catalogue? I cannot recall having received any correspondence in relation to this for ages, however I did receive a letter with notice of intent to claim from B Carter about a week after I received the claim form! :???:

The claim form was issued on 18/04/08, and today I have submitted an acknowledegement of service electronically with an intent to defend all of the claim. I think I have got the acknowledegment in just in time, which allows me another 14 days.

This is where I would appreciate any help please - I have looked through some similar cases and seen brilliant advice. Could I upload further info received in case anyone could help please?

Thanks in advance

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Hi rabbitrabble,

 

You need send a request for info under the Civil Procedure Rules and quickly.

 

I am away from my computer with a copy of the request on it, at the moment but if you google a search "CPR Request" you should find one.

 

Make sure that it requests all info that the claimant intends to rely on in court and send it by "Special Delivery for tomorrow. it should cost about £4.60 i think.

 

Come back on here if you cannot find one and someone will be able to help.:)

 

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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Hi rabbitrabble,

 

Have found this which is curtesy of 42man thank you,

 

You should read through and edit to suit,

 

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 *********.(AMEND TO THE COMPANY NAME)

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).

 

 

BB

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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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Hi BeauBrummie

Help! I am editing the CPR thing and am unsure what to write in the bit where it states

'account formerly held with *********.(AMEND TO THE COMPANY NAME)'

as I don't know who the originator was. :confused:Can anybody help please?

 

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to my account on which this claim is based

 

 

i would just amend to the above and that will suffice

 

can i ask what the particulars of claim say? if i know Mr Carters they will probably have split the claim and be trying to claim for part of the account,. this is actually unlawful as its contrary to section 35 County Courts Act 1984

 

if you could let us know what the claim says that would be great

 

Regards

paul

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i would just amend to the above and that will suffice

 

can i ask what the particulars of claim say? if i know Mr Carters they will probably have split the claim and be trying to claim for part of the account,. this is actually unlawful as its contrary to section 35 County Courts Act 1984

 

if you could let us know what the claim says that would be great

 

Regards

paul

 

Hi Paul, Thanks, yes you are right, that's why I posted on here asking for help as I had read many similar cases and seen great responses...I will add particulars of claim in a few minutes

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Paul, here we are then

:(

Claimant: Phoenix Recoveries

Address for sending docs: Bryan Carter & Co

(I can add further details of the above if required)

Issued from: Northampton CC

 

Particulars of Claim:

THE CLAIMANT CLAIMS 1XX.X0, SUCH SUM BEING PART OF A DEBT DUE UNDER AN AGREEMENT NUMBER XXXXXXX (''THE AGREEMENT'') WHEREBY THE DEFENDANT AGREED TO PAY THE CLAIMANT 7XX.X4 (''THE DEBT'').

 

FOR THE AVOIDANCE OF DOUBT IN MAKING THIS CLAIM FOR A PART OF THE DEBT THE CLAIMANT DOES NOT WAIVE ANY RIGHTS AS TO THE BALANCE OF THE DEBT, WHICH THE DEFENDANT CONTINUES TO OWE TO THE CLAIMANT UNDER THE AGREEMENT. THE CLAIMANT RESERVES THE RIGHT TO MAKE FURTHER CLAIM FOR SUCH SUMS OF THE DEBT AS REMAIN OUTSTANDING.

:confused:

 

I think that may sound familiar to some?!

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I just got a feeling of dejeavou I wonder why ?

 

Lets hope you get a similar outcome :D

 

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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  • 4 weeks later...

:)

Hello all - I would just like to see a huge thank you to those who helped me - I have today received a

NOTICE OF DISCONTINUANCE!!!!!

without your help it would never have been so easy....

:D:D:D:D

 

Apologies if this has been posted in the wrong place - but just had to tell you

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Did you claim your costs back from Carter? They've had to shell out to file the claim - you've had costs to respond to it. Ask the cheeky beggars for a cheque.

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Well done rabbit, particularly against carters!

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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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No - I haven't thought about costs! And it's well done to you all on this great forum - by now I'd probably have a CCJ against me, or at least have a court date because I would have just left it.

Once again, thank you :D

 

By the way - I'll probably be back for advice as I have other problems - but for now I'll revel in the glory of VICTORY!!!

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Well done rabbitrabble.

 

Nice to see someone else get one over on Carters enjoy it for now, but complaints should be sent to him and as others have said go for your costs.

 

Well done again

 

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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