Capquest/Carter claimforms - split claim - business EGG Card and loan debts - now warrant?

[andy262000]

Help would be much appreciated and I've been reading some great results for people on here!!

 

Last year due to loss of my business egg would not accept reduced repayment terms due to my circumstances and passed it over to a debt recovery company called HLS whom I agreed over the phone to pay, I paid them £140 then got a letter off Capquest saying I owed them the money??

I contacted HLS they said they could not do direct debit due to it being a business account?? I said what about the payment I made, they said it would be transferred so I paid Capquest and End of last week I get Northampton court claimform from Bryan Carter saying I failed to pay monthly amounts therefore claiming £xxxx, £xxx is what was outstanding and I paid plus more because HLS did not transfer my £140.

 

I feel disgusted that debts can be passed around like sweets!!

 

Thanks in advance.

Edited April 20, 2009 by 42man
Edited due to the poster possibly being recognised

[42man]

Hi Andy.....can you state what the POC's are please (Particulars Of Claim) don't mention the figures as there are spies on here....

[andy262000]

Ok thanks for the advice!!

 

Particulars of claim are:

 

The claimants claim is for the balance due under an agreement which is now due and payable.

 

The defendant agreed to pay monthly instalments under account no xxxx but has failed to do so.

 

An the claimant claims the sum of

 

The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to on year to the date hereof at the rate of 8% per annum amounting to 0.00

 

I never had an agreement with bryan carter on this account??

 

Although last year I had court papers off Bryan Carter and before I had read any information on here I paid the amount due in full, I had an egg card and loan and I've been done on both, egg haven't been helpful at all.

 

Why are they so quick to pass on debt, I tried numerous occasions to come to an agreement with egg but they still do this to me??

[42man]

Am I correct in saying that this is a claim for the same debt ? did he split the claim last year ?

 

Did you satisfy the other debt before it got to court ?

 

And the POC's are crud....very, very vague....

 

Bryan Carter links

 

Bryan Carter And solicitors, how to defend ccj claim**WON**

 

Bryan Carter - Unscrupulous Behaviour !

 

Advice on DCA still chasing without CCA

 

Bryan Carter - Received Summons**WON DISCONTINUED **

 

You've got to acknowledge the claim within 14 days of the date on the claim form, and if you want to defend all, you state that, then you get a further 14+3 days in which to submit a defence....the first thing to do is issue a CPR letter by recorded delivery ASAP....

 

EDIT this to suit, and send recorded asap..and have a read of this - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

This defence (below) also includes bringing a CPR 3.4 as the claim discloses no grounds and could be an abuse of the process.

 

Help - Mum being taken to court by Link Financial

 

And sorry to fill up your thread but this could be of interest too - http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

[andy262000]

That is fantastic help!! I'm very grateful!

 

I settled the debt with Capquest now Bryan Carter are trying to claim the same money, this is for credit card. They did not split it as far as i'm aware that was the full amount owed.

 

Last year I got court papers off Bryan Carter for my loan. which I paid because I panicked and was worried about consequences which was silly really.

[42man]

OK.....well there was a case on here somewhere where EXACTLY the same thing happened and it was thrown out because the debt had been satisfied....I can't find it but a search under 'Bryan' should reveal it....

[the_shadow]

That is fantastic help!! I'm very grateful!

 

I settled the debt with Capquest now Bryan Carter are trying to claim the same money, this is for credit card. They did not split it as far as i'm aware that was the full amount owed.

 

Last year I got court papers off Bryan Carter for my loan. which I paid because I panicked and was worried about consequences which was silly really.

 

You need to dig out the documentation Capquest gave you for this settlement and see what was stated... i.e. a full and final offer or partial settlement.

 

Did they sent you notice of assignment of the debt at all?

 

S.

[42man]

Spot on Shadow.....!! If you can dig this out, you can just say you settled the debt.....

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159302-bryan-carter-ccj.html

 

Have you got proof of the settlement of the 'other' CCJ ?

[andy262000]

I'm starting to understand how dodgy Bryan Carter is now!! grrr

The first court papers last year was part of the outstanding amount which I paid the courts and got a receipt for but I thought it was for final settlement. Today I recieved a letter with a warrant number stating there is a judgement balance outstanding and my account has been passed over to bailiffs??

 

The second court papers which I was originally asking about was settled with capquest last year and now bryan carter have issued court proceedings for the full amount which has been paid.

 

On the papers it says I can respond to the claim online, has anyone ever done this??

 

Thanks for all the replies it's been reassuring to know people still help!! Thanks again!

Edited April 20, 2009 by andy262000

[DonkeyB]

They can't go after the same debt twice - simple as that, whoever issues the claim. If there was a judgment and you paid it that's it - no more to pay. This is an abuse of process from dear old Bryan. He must be getting senile - can't think why else he'd keep doing things like this. Poor dear.

[42man]

You should get some more help on this soon, BUT you need to acknowledge receipt of the claim within 14 days of the date on the claim form, i'm sure you'll be defending this so state DEFEND, then you get a further 14+3 days in which to submit your defence....have a look here

 

35 Division of causes of action It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/173964-bryan-carter-2-a.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/151070-bryan-cart-co-abuse.html

 

I know one person came on here stating they had satisfied a debt brought by Carters, and had confirmed settlement, Carters then tried exactly the same thing, I just can't find it !!! grr

 

Got it - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/173961-bryan-carter-ccj-split.html

[andy262000]

That's great thanks.

 

I've sent the claim for back to the courts and the letter to Bryan Carter over a week ago now and no reply as yet!!

 

Today I received Notice of Issue of Warrant of Execution in the Northampton County Court, i paid an amount last year presuming that was final and now I have this and a week in which to pay? This I presume is the part payment tactic from Bryan Carter.

 

I lost my business last year I'm just trying to get back on my feet and it seems to be when you have little money they want that and more!!!

 

All you help so far has been great and as soon as i'm back in funds i'll most certainly be making a donation.

 

Thanks

[andy262000]

Mr brother is in a similar situation as previously discussed in this thread, it was fantastic help for me and I've heard nothing from Carters since, this time it's Cohen that's chasing my brother all I want to know is has anything changed since last year with contesting these claims and can I use the same template letters as I used??

 

Also is there any other way I can donate to the group apart from paypal??

 

Thanks in advance