LITTLEWOODS CCA'D now Court letter Phoenix recoveries Bryan Carter**WON** Discontinued

[vicky26]

Hi, I owed money about £700 on a Littlewoods catalogue. After paying £10 per month after a lot of bullying and harrasment I requested the CCA and enclosed a £1 postal order.

A week later and I have received a court letter claim form regarding this. Particulars of the claim are '

THE CLAIMANT CLAIMS £160.00, SUCH SUM BEING PART OF A DEBT DUE UNDER AGREEMENT NUMBER ****** WHEREBY THE DEFENDANT AGREED TO PAY THE CLAIMANT £802 [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.

 

Why are they only trying to claim some of the money?

How do I go from here?

What should I do?

Do they still have to provide the CCA as they have obviously ignored my request?

Do I have a case?

 

PLEASE HELP.

[DonkeyB]

Bit of deja vu here... have a look at this

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158442-bryan-carter-again.html

[palomino]

This is getting effing ridiculous! The man has to be stopped.

The only difference in this case is that he's going for 20% this time.

 

vicky26, read through the thread that DonkeyB has highlighted. You'll find most of what you need to know there. The circumstances are almost identical.

If you need help drafting a defence then let us know.

Don't forget to get the acknowledgment of service (AOS) back in plenty of time. Deny the whole of the amount claimed. Counter-claim costs for defending an indefensible case.

[vicky26]

Can I still deny the whole amount claimed even though I was harrased and frightened into making monthly payments until 2 months ago? I have written a copy of the letter on the thread highlighted to Bryan Carter.

 

Please could you help me to draft a defence. I would be totally lost without the help of all on this site so Thanks.

[Robot_roo]

subscribe

[KER]

subscribe

[vicky26]

Anyone?

[Robot_roo]

Dont worry Vicky I'm sure someone will be along to help you

[KER]

Read the link in post 2 that has been suggested... might help you a bit more.

[havinastella]

Read the thread in Post #2

 

Then this may help

 

In the Northampton County Court (CCBC)

 

Claim number

 

 

 

 

 

Between

- Claimant

 

And

 

 

- Defendant

 

 

 

 

Defence

 

1. I, xxxx of xxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxxxx

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3. No documents supporting the claims in the particulars have been offered nor have any dates of agreement or account numbers been stated which the defendant needs to establish what agreement it is that this action is based upon

 

4. The claimant appears to be a debt purchaser of delinquent debts and not a money lender, the claimant seems to contend that they are entitled to monies due under said agreement made between the defendant and the claimant Fredrickson international. The defendant has no knowledge of this company or any indebtedness to them relating to any agreement, the defendant has not entered into any agreement with the claimant and therefore should it be the Claimants contention that they have a claim to monies under an agreement between the defendant and another creditor, the defendant seeks clarification of this fact and proof of legal assignment as required by Law of Property Act 1925

 

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

6. additionally the claimant appears to have split the cause of action insofar that they bring a claim for a part of a debt. the defendant notes that this is unlawful and for authority of this fact cites Section 35 County Courts Act 1984 which sets this out clearly.

 

 

7. Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

8 the defendant seeks permission upon clarification of the claimants case and disclosure of the necessary documents to amend this defence

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed .....................

 

Date

[winny14]

subscribing

[pt2537]

Hi there

 

I wouyld file the acknowledgement of service via Special Delivery (nothing less!!) and with that send a defence,

 

then when this mcmuffin discontinues, sting him for costs as when a party discontinues they automatically fall liable for costs where a discontinuance is filed after a defence has been sent to the court

 

that should give you a couple of hundred quid in costs as a result of this

 

So its time to fillet his donkey BIG TIME

[The GodMother]

why wont the courts do anytrhing about him. He is always going for his costs first but he cant do that.

 

This guy needs to learn and that he will be doing as he has had to pay for this court order.

[pt2537]

because the courts are pretty powerless to do anything

 

this mcmuffin relies upon an undefended claim, this then ensures his victory but the minute he smells a whiff of the likely hood that you are going to defend he withdraws the action and thats it case closed in essence

 

that is why i say stick a defence in at the same time as acknowledging then if he withdraws he gets spanked for costs and then he will learn to do things properly

[OnMyWayOut]

Isn't it time for a complaint to the Law Society or whoever their governing body is?

[pt2537]

yep totally, the SRA needs to be informed about this thats for sure

[The GodMother]

sorry who are the SRA?

[OnMyWayOut]

The Solicitor's Republican Army?

[OnMyWayOut]

Sorry, couldn't help myself - assume it's the Solicitor's Regulatory Authority

[The GodMother]

I thought it was a new CAG against the ways that bryan carter operate.

[vicky26]

Thanks everyone for the advice. I will get the acknowledgement and defence posted 1st thing tomorrow.

Then claim costs or do I do this on the court forms?

[pt2537]

once you get the letter of discontinuance then you write to him and ask for costs along with a pre drafted schedule of costs:D

 

dont worry about that at the moment though

[palomino]

yep totally, the SRA needs to be informed about this thats for sure

Don't worry, they will be. Just waiting for BC's Final Response to my formal complaint.

[vicky26]

Hi, Just as you predicted I received the notice of discontinuance this morning from Bryan Carter.

Where should I go next? What costs can I go for now?

Still no CCA.

[KER]

Hi, Just as you predicted I received the notice of discontinuance this morning from Bryan Carter.

Where should I go next? What costs can I go for now?

Still no CCA.

 

 

 

I can't stop laughing

 

Well done you