Bryan Carter/Phoenix taking me to court. Littlewoods?

[creditcardmug]

If as i think you have, filed an acknowledgment of service, then carter is talking out of his a$$e....no surprise there then

[Bellisdaisy]

Hiya,

Yes that is what it was - an acknowlegement of service. So do you think he is just trying to put the pressure on as he knows he is going to be fighting a losing battle?

[havinastella]

Hiya,

Yes that is what it was - an acknowlegement of service. So do you think he is just trying to put the pressure on as he knows he is going to be fighting a losing battle?

 

YES

 

Don't worry, after ignoring your CRP request and then filing your defence, he will discontinue!

 

Then we hit him with a wasted costs order

 

 

JOgs

[pt2537]

is it possible, (sorry havent read the thread) that the link in my signature in respect of Next Directory may also assist here?

 

if Carter is suing for recovery of monies owed for goods, then id bung in a defence and also apply to strike his ass out as well as it will allow you to stuff him for more costs on the back end.

[Bellisdaisy]

Hiya,

Just an update, my 28 days are up on Wednesday so I now need to submit my defence. Other than the letter I have already mentioned, Bryan Carter has not responded to my requests for information. What do I need to do now? Someone mentioned something about an embarrassed defence??

Thanks in advance,

Karen

[AndyOrch]

Hi Karen

 

I summise this is a Northampton (CCBC) claim and therfore you can submit your Defence on line via MCOL.

 

Defence

 

 

I Bellisdaisy makes this statement as my defence to the claim brought by (Claimants Name)

 

1.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

 

2.No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

 

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

 

4.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Next

 

The above is all you need to place in the defence.

 

You should write to the claimants solicitors as follows:-

 

' Herewith copy defence by way of service, the same having been filed with the court.

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement and Default Notice upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

 

Yours Faithfully (Print Name)

 

Regards

 

Andy

[Bellisdaisy]

That looks brilliant! Thank you very much. I will let you know how I get on as I will undoubtedly need some help when the case comes to court.

Thanks again

Karen

[Bellisdaisy]

Have now submitted the defence as written above to the court online. Very nervous now!!

[AndyOrch]

Hi Karen

Have you printed your reciept of as proof of submission?

 

Regards

 

Andy

[Bellisdaisy]

I didn't as I haven't got a printer. Does it not save it automatically when I log in? Can I go back and do it when I am on a computer that is attatched to a printer? I have messed it up now haven't I?

[AndyOrch]

I didn't as I haven't got a printer. Does it not save it automatically when I log in? Can I go back and do it when I am on a computer that is attatched to a printer? I have messed it up now haven't I?

 

No its fine just handy to have.It will state on screen the status that the Defence as been submitted.I only recomend the above just in case the CCBC throws a wobbly.But dont concern yourself its fine.Now relax sit back and wait.The Claimant has 28 days to respond to your defence and failure will lead to the claim being stayed.

The sols have 7 days to respond to your letter so keep an eye out on that timeframe.

 

Regards

 

Andy

[Bellisdaisy]

Phew, just logged on and checked and I can still print it off by logging in. Thanks for that!!

[Bellisdaisy]

Fingers crossed they won't do anything. How does Mr Carter usually respond? Or is it a mixed bag really?

[AndyOrch]

Take a look around here on CAG you will soon get a picture of Mr Carters procedures and ways.The main thing is you have defended and stopped his automated Summary Judgement,Solicitors dont really like to work too hard at the best of times and you defending as created that extra burden.When these muppets use Northampton to issue a claim everything is more or less automated until you the Defendent puts a stop to it.

I refer you back to your defence now Karen,now get the the letter off to the Sols dealing with the claim and send it recorded delivery they have 7 days to respond,failure must follow through with your threat that you will make application to have the claim struck out.I will advise you later on that should the need arise.

 

Regards

 

Andy

[Bellisdaisy]

Will do that.

I have a slight problem with the CCA request that I sent the other week.... I can not find the receipt. I have got the receipt for the postal order though - will that be enough? I have hunted high and low for the reciept but it seems to have disappeared fromt he face of the earth. I have a copy of the letter and I know it was posted on the 23rd of June and from which post office. Do you think this will affect things?

[AndyOrch]

Karen you are worrying a tad too much as long as you have proof and a reasonable papertrail im sure you will be fine.Try to look at the bigger picture here and dont let this consume you it realy is counter productive.

Sit tight as advised, defence as been submitted retain everything from here in and build your case.

 

Andy

[Bellisdaisy]

Ok Thankyou!

 

I am a woman - it is my job to worry!! If I don't worry I will worry why I am not worrying!!

 

Thanks again, will sit tight from now on!

[AndyOrch]

Ok Thankyou!

 

I am a woman - it is my job to worry!! If I don't worry I will worry why I am not worrying!!

 

Thanks again, will sit tight from now on!

 

I think i get that i have one like you at home:D

 

Letter to Sols today! karen the clock is ticking

 

Regards

 

Andy

[xx.Morph.xx]

Will do that.

I have a slight problem with the CCA request that I sent the other week.... I can not find the receipt. I have got the receipt for the postal order though - will that be enough? I have hunted high and low for the reciept but it seems to have disappeared fromt he face of the earth. I have a copy of the letter and I know it was posted on the 23rd of June and from which post office. Do you think this will affect things?

 

Did you use the post office website to type in the tracking number to check if it was delivered?

If you did your computer may still have the number saved in it's cache. Go to the track & trace web site, click in the white box where you enter the number & press the down arrow, any entered numbers "should" still be there.

 

 

Morph

[Bellisdaisy]

Hiya,

Bit of an update...

This morning I have recieved a letter from 'Shop Direct Finance Company Limited stating that my account was with Littlewoods. The letter reads as follows:

We refer to a recent request for a copy of you agreement.

Unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place.

According to our records, the account was opened on xx/xx/99. You agreed to make payments every 28 days.

The outstanding balance is currently £xxxx.xx. Our records show that £o.oo in payments have been made within the last 12 months.

If a third party is acting for you, please pass a copy of this letter to your representative.

Yours Sincerely

xxxxxxxxx

Debt Sale Management Team

There is a blank photocopy of an unsigned credit agreement attatched. I am guessing after reading other threads that this is a good thing for me???

[AndyOrch]

Hiya,

Bit of an update...

This morning I have recieved a letter from 'Shop Direct Finance Company Limited stating that my account was with Littlewoods. The letter reads as follows:

We refer to a recent request for a copy of you agreement.

Unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place.

According to our records, the account was opened on xx/xx/99. You agreed to make payments every 28 days.

The outstanding balance is currently £xxxx.xx. Our records show that £o.oo in payments have been made within the last 12 months.

If a third party is acting for you, please pass a copy of this letter to your representative.

Yours Sincerely

xxxxxxxxx

Debt Sale Management Team

 

 

There is a blank photocopy of an unsigned credit agreement attatched. I am guessing after reading other threads that this is a good thing for me???

 

Regards

 

Andy