Help!

[Dispirited]

I'm helping my daughter sort her finances.

 

Last summer we CCAd Buchanan clark & wells re: an HSBC debt. We had no reply and they have been in default since September 2007.

 

Now along comes Bryan Carter. I've found a letter from them dated April where they threaened court proceedings, which daughter has overlooked, and another one that has arrived today informing daughter of court proceedings.

 

Also in today's post was a letter from the court containing a Claim Form for £360 which includes court fee £15, solicitor's costs £50 and amount claimed £295. Strange because that's only a very small part of the debt.

 

I desperately need some advice on how to deal with them as we were dealing with Buchanan over this debt, and also how to deal with the court papers?

[Guest forgottenone]

Can't offer any help but was involved with BCW myself last year. BCW in the same sentence as a bunch of expletives. Someone will probably be along in a moment with expert advice. Hope you get sorted.

[Dispirited]

Thanks forgottenone

[babybear39]

Apparently brian carter is well known for claiming for a small part of an alleged debt to cover his costs

 

Someone with more knowledge about BC will be along shortly...

[Dispirited]

Cheers babybear.

[tiglet]

Firstly, has your daughter as yet stated she intends to defend the claim? That will give her an extra 14 days to put together her defense.

 

She will need to request certain information under the CPR in order to put her defence together. It would be really helpful if you could give some more details about the alleged debt prior to this time.

 

Did your daughter ever receive a notice of assignment about this debt? was the original CCA sent recorded delivery and does your daughter have POD?

 

If you flesh out the details a bit, I'm sure we can help.

[Dispirited]

Hi tiglet, yes she is going to defend the claim.

 

As far as I know, she never received a notice of assignment.

 

The original CCA request was sent and a proof of posting requested. I have a receipt for the postal order.

 

 

I've just read another Bryan Carter thread - apparently it is unlawful under section 35 County Courts Act 1984 to split one claim into smaller claims.

[tiglet]

It is indeed, and BC are known for this - it would be worthwhile pointing this out to the court (citing cases from here, if you like) and you can also report them to the law society.

 

She can defend on the grounds that no CCA was received, although please be aware that they could pull this out at the last minute in court.

[tiglet]

May I say thank you for the lovely comments to whoever anonymously tipped my scales there - thank you too.

[Dispirited]

It is indeed, and BC are known for this - it would be worthwhile pointing this out to the court (citing cases from here, if you like) and you can also report them to the law society.

 

She can defend on the grounds that no CCA was received, although please be aware that they could pull this out at the last minute in court.

 

-

 

Buchanan clark & wells were the DCA we were dealing with last summer. They are in default for no CCA. Then in slides BC so my argument is that it's nothing to do with them. If Buchanan are in default, surely the account is in dispute?

[tiglet]

BC are solicitors - on who's behalf do they claim to be acting?

[Dispirited]

Sorry tiglet, in my panic I didn't clock that information. BC are acting for Phoenix Recoveries! Well, there's a new one. I haven't even seen any paperwork from them.

[tiglet]

No problems!

 

So, your daughter definitely hasn't received a notice of assignment from them?

[Dispirited]

I'm 99% certain that she didn't or she would have given it to me. I've been trying to help her sort her finances out although I did take a break from it for 3 or 4 months but am back onto it now.

 

Update - just rang my daughter, she said definitely no notice of assignment from them, just the usual bog-standard letters DCA letters.

[tiglet]

Ok, I'm getting a bit distracted at the moment with the constant trips upstairs (little one is excelling herself on toilet training today) but I will try to post back later today or tomorrow (whenever I have least distractions) to help your daughter with her defence.

[Dispirited]

Thanks tiglet. Ah, blissful memories of toilet training...

[tiglet]

Indeed - know any professional carpet cleaners???

[creditcardmug]

Hi dispirited

1st thing file acknowledgement of claim (you only have 14 days) BC will obtain judgement otherwise

Send CPR request to claimant ASAP (template on here somewhere)

 

Can you post up particulars of claim (removing personal details)

Was claim issued in Northampton Bulk Centre?

 

BC are doing this all the time, it facinates me how they can go on losing all this money in in claim fees, when they constantly have to discontinue, because they have no case. Unless the number of people who don't know their rights far outweigh the ones that defend against them

[Dispirited]

Hi creditcardmug

 

So I send the acknowledgement of Service & also the Defence? What wording do I use for the defence section?

 

Claim details attached - hope I've deleted all the personal stuff!

 

I've been reading about BC for hours now and it's jaw-dropping stuff. I think we should all go out wearing sandwich boards to advertise this wonderful forum to the world. I feel sorry for those people who haven't found us yet.

 

Just one point before I log off and give my weary brain some rest, isn't my daughter's argument with her first DCA - the one who defaulted last summer - Buchanan? It can't be right the fact that BC just decided to pop up from his slime pit and stick his proboscis in?

 

Edited to add - Why is the image only showing as a thumbnail?? I'll upload it to photobucket in the morning.

Edited May 17, 2008 by Dispirited
Edited to add...

[creditcardmug]

Hi again

No you don't file the defence just yet, when you file the AOS this gives you an extra 14 days, phone the court to find out what date your defence needs to be in by, and file it a few days before, meanwhile you can consider how to defend, while waiting for a reply to your CPR request, (don't hold your breath for that though).

 

Your daughter is now fighting whomever is the claimant on the claim form.

 

Yes upload to photobucket and paste in here

 

Im also having trouble with another of BCs firms (fredericksons) who popped up out of nowhere and have no authority to collect

[creditcardmug]

Here is a template for CPR request, courtesy of curlyben

 

 

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. 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 by the **DATE**, which gives you ten days to provide what has been requested. 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. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. 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 xxxxxxxx.

d. 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.

e. 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).

f. 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.

g. 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.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money. delete if not applicable

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. 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.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into. delete if not applicable

 

I will require this information within the next ten 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.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

 

,

This is requesting all the information that they will be using in court and also give you a chance to file a reasonable defence.

 

Print daughter's name don't sign, send special delivery

 

If they don't comply, this will form part of your defence, that's why it's so important to send it asap.

[Rahl]

The original cca request you sent ... do you have evidence that it was sent .. recorded delivery etc, made copies, have the postal order number ?

 

If not, you might want to get another one off quick ( another cca request). I know you are asking for it in the cpr, but it's not a request under s77/78 . You can find an example cca request letter to send in the templates library, its either N or M . Send by special delivery, make copies, note the PO number etc.

 

That is if you do not have any evidence of your previous cca request.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

 

 

oh nm, I just saw your post, you do have proof . ) Maybe worth doing a new one thou , having the PO receipt might not be enough...you'll be relying on their data to tie that PO to their accounts which they might not provide. Can't hurt to send a new one really. By special delivery.Don't sign it, just print name.

Edited May 18, 2008 by Rahl

[Dispirited]

Thanks Rahl, the original DCA was Buchanan - we CCAd them last summer and as far as I'm concerned they are in default because we never heard anything from them again. That's why I'm positive they got the CCA letter - they went from writing threatening letters weekly to complete silence.

 

We heard nothing for months then BC popped up representing Phoenix. So theoretically my daughter's argument lies with Buchanan not this latest bunch of pirates. But I agree, we have nothing to lose sending a CCA request as well. It will go special delivery this time.

[Dispirited]

Thanks for the info creditcardmug. I've just been reading rogermeard's thread, it's identical to mine. Daughter's debt is for 1000+ and BC are claiming costs only of 295, court fee - 15, solicitor's costs of 50 = 360. Wording is identical as well 'This claim being part of the debt.....etc. etc.'

 

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

Edited May 18, 2008 by Dispirited
Spelling

[Dispirited]

Okay, I've filed the AOS online so tomorrow I'll CPR & CCA them then phone court to ask when defence needs to be in.

 

In both letters and also in my letter to the court, I will also be adding a line or six about Buchanan and them being in default over no CCA.