Bryan Carter - Received Summons**WON DISCONTINUED **

[foreveraloe]

I have today received a summons from this company.

 

It claims it relates to a debt owed to someone called Phoenix Recoveries, whom I've never heard of.

 

I haven't received any letters from Bryan Carter in the past regarding this alleged debt, so I'm not sure what its for.

 

I do recall that sometime ago (about 5-6 years ago) I did have a catalogue account with a very small amount on it, but I thought I had paid this off quite sometime ago.

 

Unfortunately I cannot find any paperwork for this.

 

After having read through some of the threads I note that Bryan Carter's name seems to crop up quite a lot.

 

I realise that I should respond to the summons, but what should I do regarding a debt I know nothing about?

 

Any advice would be greatly appreciated.

[NailPost]

Is it a court summons or simply a demand for money from this questionable bunch of misfits?

[manchester1]

FOREVERALOE, Firstly do not panic ,secondly any chance of getting the summons scanned ( omitting private info) so the experts can get a good look at this ,and depending on timescales on summons permitting, give you appropriate advice .

 

Manc1

[ODC]

If this is a Court Summons from the Northampton Bulk Centre you MUST respond directly to them and not Mr Carter as he will go ahead and apply for judgement by default. You should also get a CCA request off today to this ''gentleman''

[foreveraloe]

Many thanks for the replies.

 

Yep, it definitely a Court Summons from Northampton.

 

I'll have a go a scanning it.

[pt2537]

Ah Carters eh?

 

whats the betting that he has split the claim?

 

foreveraloe, try not to worry, if you search for B carters on here you will see that they are beatable

 

if you cant scan in the claim form without the personal details then if you can just type out what his particulars of claim say , that would give us something to go on

[foreveraloe]

Right, well, i've scanned the summons, but can't work out how to upload it to the site.

[42man]

OK....this is disgusting, Bryan Carter's behaviour is questionable at best !!...Did you get a letter before action ? any notices of assignment ?.....probably not....

 

The first thing that you have to do is acknowledge the claim which you have to do within 14 days of the date on the claim (I do hope you will defend all of this !!!) (although I have seen another cagger say 14+5 days - so i'm not sure), you then have a further 14 days to submit a defence. This is the usual procedure....

 

This is a CPR (Civil Procedure Rule) request which you need to send to Bryan Carters by RECORDED / GUARANTEED DELIVERY and do not hand sign it either......

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CIVIL PROCEDURE RULES - 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.

 

j. Proof that the debt is not barred by the statute of limitations

 

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).

[42man]

You can use photobucket to put it on here....

 

Image hosting, free photo sharing & video sharing at Photobucket

[manchester1]

Foreveraloe , THE CAVALRY CAME QUICK!!!!

[ODC]

For the likes of Mr Carter the Cavalry are always on STANDBY

[pt2537]

Hi,

 

heres the letter that 42man kindly posted

 

however, with special thanks to Steven4064 for the research , there have been an amendment or two made to it

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - 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. 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.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

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. .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).

d. 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.

e. 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.

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

g. 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.

h. 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).

Edited August 26, 2009 by 42man

[pt2537]

For the likes of Mr Carter the Cavalry are always on STANDBY

Thats right ODC

 

we love Mr cater, hes great:D

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

At issuing poorly worded claims:D

[NailPost]

You know I'd be tempted to send a copy of that letter to Cretins, sorry Crellins Carter head office at Crellins Carter Solicitors 111 Queens Road, Weybridge, KT13 9 UW. Mark it for the attention of Derek Crellin, senior partner, and add a note suggesting if you don't receive what you are obliged to receive by way of documents you will drop the whole lot in the lap of the Soicitors Regulation Authority.

[foreveraloe]

Not technically minded at all, will type what it says:

 

Claimant - Phoenix Recoveries (UK) Ltd S.A.R.L, RE: "SDFS Recoveries", 25B Boulevard Royal, L-2449 Luxembourg.

 

POC:

 

The Claimants's claim is for the price of goods sold and delivered by the Claimant to the Defendant.

 

Particulars

 

Claimant's A/C No (and here is a number)

To goods sold between 25/6/2002 and 24/6/07 and the Claimant claims £235.98

 

The claimant also claims interest thereon pursuant to S69 County Court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 18.57

 

Amount claimed: £254.55

Court fee: £15

Solicitor's costs: £50

Total: £319.55

 

Issue date is 18 June

 

I don't recall receiving any letters from Bryan Carter and I don't recognise the name of the firm. I don't know who Phoenix Recoveries are.

 

Whilst I did have a catalogue back in 2001/2002 I certainly have not purchased anything from it (as I don't have it anymore) since 2002, so where 2007 has come from I'm not quite sure.

 

I cannot find any paperwork at all relating to this alleged debt, so I have nothing to work from.

[foreveraloe]

Thank you all so much for your replies, you've been very helpful.

[Linus]

Hi

I am in the same boat as you foreveraloe, I sent a CCA a few weeks back and I am still awaiting a response from Mr BC,

Subbing to this thread with interest

[foreveraloe]

By the way do I have to send off any money with the CCA letter for the information?

[Linus]

Just a £1.00 postal order, with your CCA.

[ODC]

Although you are making a CPR request which contains a CCA request in it there is no need for the Statutory Fee in this case although you amy want to attach a £1 PO just so as BC has no excuses

[foreveraloe]

Right, I've done the AOS (online) and I assume that I don't do the Defence until I get a response from BC, is that right? Would I have to write to the Court saying that I am awaiting information requested from BC?

[42man]

Keep an eye on the deadlines and the postbox....there are some good defences here, but a little early to do it just yet...

[foreveraloe]

After digging around on here and on another site, I've discovered that Phoenix Recoveries are in fact Littlewoods! Surely, I am entitled to be notified that Littlewoods had sold on the "alleged debt" to someone else!

[ODC]

That would be the alleged debt that they would not have a properly executed CCA for then

[creditcardmug]

phone the court tomorrow to get a date for filing your defence by, don't hold breath waiting for reply to your CPR request lol