Bryan Carter has issued summons

[Gary29]

I've just received court summons from Bryan Carter through the Northampton County Court for an outstanding debt on an Egg Card. We are currently on a Debt Management Plan with Payplan and have been making regular payments against this debt and continue to do so.

 

Can anyone offer advice on filing a defence?

[PGH7447]

what does the POC say?

[Gary29]

What is a POC?

[PGH7447]

particulars of claim - what the court sent you, does the figure match what you actually may owe

 

and dont send it of to payplan they will just admit it for you, and you would end up with a ccj

[Gary29]

Gotcha, the POC states that they are claiming £4107.35. According to PayPlan I owe £3974.79.

[Gary29]

I should point out that according to PayPlan our payments are being paid to Egg via Direct Legal and Collections. Bryan Carter are acting on behalf of Fredrickson Int who claimed the debt was sent to them to collect. As I haven't received any notification from Egg that the debt has been assigned to Fredrickson and neither has Payplan we have continued paying Egg through DLC.

[mr.ton]

Northampton is the DCA's head threat centre.

Its worth pointing out that Carter are notorious for sending out documents that look like they've come from a court, when nothing could be furthur from reality.

If its from a proper court, then it will give you various sections of advice/what to do/were to get in touch with etc...

No court would just demand the full amount off you just like that.

Thats not how the legal system works & maybe Carter should realize that

[Gary29]

I should also point out that the POC lists the claimant as Egg Banking PLC, but I can prove that EGG has been receiving regular payments through PayPlan at an amount agreed between themselves and Payplan.

[Gary29]

Northampton is the DCA's head threat centre.

Its worth pointing out that Carter are notorious for sending out documents that look like they've come from a court, when nothing could be furthur from reality.

If its from a proper court, then it will give you various sections of advice/what to do/were to get in touch with etc...

No court would just demand the full amount off you just like that.

Thats not how the legal system works & maybe Carter should realize that

 

The summons does indeed come with all the other documents, I also tried phoning the helpline and it is Northampton CC.

[mr.ton]

Well in that case, it will (or should have) a section requiring you to fill in all i & e details....

If so, then include bills,clothes,food,travel costs etc...all classed as legal essentials.

Ive never known a court to require receipts for the amount of food you buy - or for any of them in my experience.

Therefore, im sure you can do the maths beforehand & easily just have a £1 leftover?

In the eyes of the law, you are deemed to be paying something

[Gary29]

Well in that case, it will (or should have) a section requiring you to fill in all i & e details....

If so, then include bills,clothes,food,travel costs etc...all classed as legal essentials.

Ive never known a court to require receipts for the amount of food you buy - or for any of them in my experience.

Therefore, im sure you can do the maths beforehand & easily just have a £1 leftover?

In the eyes of the law, you are deemed to be paying something

 

Oh but I have been paying them, Egg have been receiving monthly payments through PayPlan for several years.

[saintly_1]

Have you requested the CCA for this debt ?

[Gary29]

Have you requested the CCA for this debt ?

 

Yes I did and I received a copy of the agreement with my signature on, which is what I requested when they first started threatening legal action. I haven't got a copy of payments received against the account though.

[postggj]

gary

 

you say you did a cca request

 

did you get the agreement before or after the n1 court claim

 

when did you take out the agreement (year)

Edited September 19, 2009 by postggj

[mr.ton]

This just sounds like a case of Carter chancing his arm via Northampton etc...

If you are already re-paying an amount then it is crazy to have to repay someone else at the same time.

Carter & Northampton need to be made aware of this situation ASAP and if they dont want to know, then i would seek your own legal advice.

[Gary29]

We sent Bryan Carter a letter back in May, a copy of which is shown below. My apologies but it is a bit long;

 

Bryan Carter& Co Solicitors

14thMay 2009

 

reference: *********

Dear Sir/Madam,

 

This is in acknowledgement of your letter dated 12th May 2009, The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.

Nevertheless in my response to your letter please be advised of the following.

 

I put forward that you now have a requirement to provide me with;

 

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. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with Egg is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. 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).

6. 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.

7. 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.

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

9. 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.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

Yours Faithfully/Sincerely

**************

It took Bryan Carter until August to reply to this letter and they only sent the copy of the CCA, none of the other documants requested.

 

 

[postggj]

Mistake

[postggj]

This Is Normal For Carter

 

He Will Not Even Oblige With A Cpr Request

 

Send One Again To Him By Recorded Delievery

 

You Have 14 Days To Acknowledge The Claim So We Will Use It

 

Message For Site Team

 

Do We Have An Up To Date Cpr For Carter

[Gary29]

Mistake

 

Have I made a mistake or has Bryan Carter?

[postggj]

Just Me

Sorry

 

Ill Update Your Thread With A Cpr Request To Send To Carter If A Mod Does Not Do It First

[postggj]

You will need to edit this, send by recorded to the claimants solicitor and keep the receipt

 

 

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 default notice*

 

* 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

 

 

 

CARTER WONT REPLY SO WE JUST THEN GO WITH AN EMBARRASED DEFENCE, THEN AS A NORM, CARTER WILL GIVE UP

[Gary29]

Just Me

Sorry

 

Ill Update Your Thread With A Cpr Request To Send To Carter If A Mod Does Not Do It First

 

Job's a good 'un.

 

If Bryan Carter sent me details of payments received, as requested, it would show that I have been paying them.

[postggj]

Carter Will Send You Nothing

 

He Never Does

We Then Use That Against Him In Court

[Gary29]

Carter Will Send You Nothing

 

He Never Does

We Then Use That Against Him In Court

 

It says in the above letter that I will file defence against the whole claim, in that case do I fill in the income/expenditure form?

[mr.ton]

You 1st need to find out if a proper court has sent you this document or not?

Its not unlike the industry to fake these things.

If it has come from an official court, then you need to contact them to inform them that you are already repaying & get advice from there....