Phoenix/Brian Carter Split claim claimforms - old CAT debt **WON DISCONTINUED**

[Ronnie1234]

I would file that defence by x20 in post 19 if i were you

 

 

So I'm going to do letter as drafted by x20, unless anyone has any other points to add? I will do letter when I get in from work tonight & post it online. Be in plenty of time then, if I got 14 days.

 

I am a bit worried about this, but you guys seem to know what your talking about. Thanks for your assistance so far.

[Ronnie1234]

I have received letter from Court dated 2nd Dec saying we've received your defence & have forwarded to claimant etc, they will contact you in due course etc. I've received letter from Brian Carter solicitors dated 4th December, saying we will be issuing Judgement in 7 days. I am unsure if my defence & his letter have over-lapped, or they have not taken my defence into consideration & are issuing Judgement anyway. Help - am confused & worried!

[ScabHunter]

I think this is going to confuse everybody.

 

What is Carter up to now? Does he think he now owns the entire court system? The courts have received your defence, yet Carter thinks he can award judgment to himself and then enforce it?

 

Can you post up that letter from Carter, or at least type out exactly what it says?

 

SH

[rory32]

It looks like the letters have overlapped and he has jumped the gun in thinking you won't defend.

[Ronnie1234]

What is Carter up to now? Does he think he now owns the entire court

 

Well I've just checked through the details & the letter has the same account number as the court claim form, but Brian Carters letter is for approx £133 more than the court claim form. What is going on?

 

Will type up shortly, sorry no scanner.

 

We have applied to the Court for Judgement to be entered against you in respect of this outstanding debt.

 

The Judgement will be entered on the Court register of judgements and this information will be passed to the Credit Reference Agencies and be entered on your credit file.

 

A registered judgement will seriously affect your ability to obtain credit in the future.

 

If we do not hear from you within 7 days your account will enter our enforcement system and we will either instruct a bailiff to take posession of your property (such as your car, tv or computer) to repay the debt or we will seek to recover from your earnings, whichever is appropiate.

 

Before we take steps to enforce the judgement you have one final chance to pay, please contact us on.....

 

Yours....

[ScabHunter]

While the initial reaction to this is to wonder what on Earth the idiots are smoking, there is always the need for caution. I would contact the court just to make sure Carter hasn't pulled some kind of stunt and managed to get judgment by default.

 

I remember being amazed earlier in the thread that you were able to acknowledge service in time.

 

If you can check the situation online I would do that, and I would telephone the court as well. The fact that they have written to you confirming receipt of your defence should mean that everything is OK, but you can never be too careful in a situation like this.

 

If everything IS OK with the courts, then Carter is being extremely naughty, and the appropriate complaints can be made. But make sure first.

 

SH

[Ronnie1234]

Went on MCOL the last transaction listed on there is my Defence forms received by them on 02 Dec, which is the date the letter is dated by MCOL also confirming they have received. I will try & pop out of work today or tomorrow & call the court.

 

Do you think Brian Carter has received my defence, but is threatening, by sending a letter saying he will issue Judgement in 7 days, & why Judgement for a different amount?

 

I am confused!

[UnmoderatetheNet]

I have received Court Papers, for what I think is an old catalogue debt. They have gone to my mothers address where I have not lived for nearly two years.

 

Is this not important sending court papers to an adress you do not live?

 

Surly this tactic is not properly executed, how can judgement be placed when you have no knowledge of it. I can't honestly believe the law states that court papers can be sent anywhere a DCA chooses.

 

If DCA's can get away with this, why don't they send all correspondence to previous addresses as a norm?

[spamheed]

This is a case of "please look at my left hand so that you don't see what my right hand is doing" Carter is playing at the conjurer methinks, trying his hand at misdirection.

 

He sends letters saying that we will be doing this and that, whilst he has already started the ball rolling through the courts. Hoping that the two sets of documents will confuse you enough to stop you defending his case fully. he then gets yet another default CCJ to his name.

 

Ignore his twaddle and continue with your court preps, don't stop until you hear from the courts themselves. Make sure you produce all of his letters to the judge with the dates highlighted and underlined

[Ronnie1234]

Hi spamheed, thanks for your advice.

 

Do I send the letters to the court? Or will I need to take them if it goes to court?

Your familar with Brian Carters firm then?

[creditcardmug]

Don't worry about carters twaddle, if he informs the court he wishes to proceed, the next thing you will get is a notice from the court transferring it to your local court, and a form to fill in called an Allocation Questionaire.

 

You don't need to do anything with the letters yet, save them for the hearing..assuming there ever is one.

 

Lots of us on here are familiar with carter, type it into search, and you get plenty of info:D

[creditcardmug]

Send carter a CPR request for info now if you haven't already done so.

[Ronnie1234]

Send carter a CPR request for info now if you haven't already done so.

 

Excuse my ignorance, but what is a CPR request? I am not familiar with this terminology?

[Ronnie1234]

he wishes to proceed, the next thing you will get is a notice from the court transferring it to your local court, and a form to fill in called an Allocation Questionaire.

 

Does he sometimes decide not to proceed? How long has he got to decide whether to proceed or not? What will the allocation questionaire entail?

[spamheed]

he wishes to proceed, the next thing you will get is a notice from the court transferring it to your local court, and a form to fill in called an Allocation Questionaire.

 

Does he sometimes decide not to proceed? How long has he got to decide whether to proceed or not? What will the allocation questionaire entail?

 

 

Basically, he will make a claim against you and you will receive the papers accordingly, you have to acknowledge service with the court, at this point you would state that you are defending the claim, or accept the amount is due and volunteer a repayment schedule, income and expenditure etc.

 

In the case of Carters, because they have provided you with no evidence that they have a right to pursue the debt you would defend in full, then send the CPR letter to them directly, this is a request for all documentation they will be using in court against you.

 

They very rarely provide any information to you and even more rarely turn up at court. If they don't turn up at court, or don't have all of the documents that they have refused to send you, then in all probability you would win (judge's mood allowing)

 

Carter is notorious for splitting a claim ie, you have a debt for £2000, BC's costs are to be £350, so he begins a claim for only the £350, on the proviso that he will pursue you further for the remaining balance.

 

This is not allowed as he is splitting the claim and he is doomed to failure from day one, he will take you to court until you show that you will defend and will generally discontinue his claim, this leaves the door open for you to claim costs etc. It's really not as sure as they claim it to be

[Ronnie1234]

I have e-mailed ourt to check defence received & mention I've had a letter off Brian Carter, this is what they said

 

Please note I can confirm your defence was received, as such the Claimant's will not be able to enter judgment with out the relevant application.

 

Your defence has been passed to the Claimant for their comments, should they dispute it your case will be transferred to your local court for a hearing. You will be notified in writing if this is the case.

 

So I wait & see now? I hate waiting game...it worries me!

[creditcardmug]

Theres no need to worry, they have 28 days to decide whether to continue, if they do you will be notified by the court, NOT carter.

 

If they do it will cost them a considerable amount of more money, and if their case is weak they wont win...then you claim costs from them.

[spamheed]

So I wait & see now? I hate waiting game...it worries me!

 

Never has the phrase "No news is Good news" been more relevant.

 

In another country this would be regarded as psychological torture, a company deliberately using the legal system to cause an individual distress in the hope that they will panic and offer up information/payment.

 

BC invariably wait until the last moment befor discontinuing their claim.

 

You may receive a letter from BC stating that they will not continue with their claim, disregard it, this is yet another tactic they use, they tell you they aren't going to proceed but "forget" to inform the courts, so if you don't attend the court, there is still a chance that they will get a judgement by default. Only when you hear from the courts should you believe that the claim has been discontinued, then you need to hit them for costs.

 

These "people" should be taken to task for their misuse of the system

[Ronnie1234]

Thank you all for your help so far. I will post back when I hear any more from the Courts. Or Carter for that matter

[Ronnie1234]

I filed my defence on 2nd December, as of today there is no further correspondence on MCOL website. Do I wait a few more days to check they won't be responding or what else?

[creditcardmug]

Give it another week, then phone the court for an update.

[Ronnie1234]

Have contacted court to find out what haapening as more than 28 days passed since my defence was presented, this is what court have said:

 

I am writing in response to your email of 12/01/09 whereby you query the status f this claim, we received your defence on 02/12/08 which was then forwarded to Bryan Carter and Co for their comments.

 

As no response has been received from the Claimant the case was stayed on 05/01/09 and no further action has been taken, the claimant's are at liberty to apply to lift the stay and continue at any point, however if the case proceeds you will be notified.

[ScabHunter]

How typical of the useless court system we have in this country.

 

We have to play by the rules. One day late and they can apply for judgment against us. Carter, however, can just sit in the corner sucking his thumb waiting for the next blue moon and apparently that doesn't bother anybody.

 

The courts could save a lot of time and effort by striking out spurious claims brought by idiots who have got no paperwork to back them up, and are only trying to game the system to get judgment in default.

 

In the end, the taxpayer funds the legal system, so Carter is just getting rich off everyone else's work. It is time the taxpayer demanded change.

 

Defendants in any court case are inevitably subjected to a degree of stress and worry. By allowing this sort of ridiculous case to drag on indefinitely, the courts are putting innocent people's health at risk just to pander to the very manipulators who abuse their system. Totally insane.

 

If the gods believed patience was a virtue they should have given us infinite lifespans.

 

SH

[Ronnie1234]

Have now received a Notice of Discontinuance

[creditcardmug]

Excellent news:D carter bites the dust again:D

 

Make sure you phone the court monday to make sure carters have filed this with them