emtdickson/Bryan Carter/Catalogue

[babybear39]

Emails can be used as evidence so keep it and print off a copy and keep it safe

 

I'd be tempted to tell them you want your LIP costs as well, but then I'm a cheeky mare

[Bazooka Boo]

Print a couple of copies of that off...

Bugger! *BB beats BB to it*

Edited December 31, 2009 by Bazooka Boo
BB typing quicker than I can think!

[emtdickson]

There is one working day - if you count Saturdays when the post officce is open - and the hours before the Court finishes at 4pm on 4th January.

 

I hope they are sending their email tot he court. I have acknowledged it without comment so far.

 

You know this is my first experience and I want everyone to know that I really appreciate you sitting at your computers waiting to help me.

 

They have promised to pay the fees - £80, and believe me you shall have a chunk of it to maintain the site as I have experienced first hand how good it is to have people who care helping you. Please keep your fingers crossed though.

[emtdickson]

Pardon my ignorance, but what are 'LIP's

[Bazooka Boo]

Pardon my ignorance, but what are 'LIP's

Those red things you kiss the lovely ladies with!!

[emtdickson]

mmmmmmmmmmmmmmm bet you say that to all the girls. I was refering to Babybears post.

[DonkeyB]

Hold on, hold on....

 

They have not agreed to your terms. This is NOT what was required.

 

"We confirm that once the matter is discontinued you will not be pursued further by Phoenix Recoveries or anybody else acting on their behalf."

 

They have NOT stated that the debt will not be sold on to someone else.

 

You must refuse this offer, EMT. Phoenix will simply sell the debt on and the whole thing will start again with someone else.

 

You must reply and insist that they give an undertaking that the alleged debt will NOT be sold on.

 

Typical f***ing Carter slipperiness.

[DonkeyB]

LIP = litigant in person.

[DonkeyB]

You must also insist that any references to the alleged debt are removed from your credit record.

[DonkeyB]

EMT, send them something like this, subject to comments from other Caggers and adding in bits such as costs:

 

Dear F*ckwits

 

You have clearly misunderstood he situation. Let me once again reiterate the terms on which I require this matter to be settled.

 

1. You will discontinue the claim.

 

2. You will give me an assurance that in future I will not hear from either yourselves or any representative of Phoenix/SD regarding this alleged debt.

 

3. Your will provide an undertaking that Phoenix/SD will NOT sell on this alleged account to a third party.

 

4. That your client remove any reference to this non-existent debt with credit reference agencies.

 

5. That you will refund in full my counterclaim costs of £xx, plus all reasonable litigant in person costs which I calculate at £92.50 to date (ten hours' research/work @ £9.25ph).

 

6. That these conditions are presented to the court by 4pm on 4 January.

 

I will not accept settlement without all of these terms being agreed by you and your client.

 

Yours etc

[emtdickson]

Thanks. I have replied with those sentiments almost in the same writing. Until you said 'hold on' I really did think that perhaps after all,this will end. I have replied to them saying I want an assurance they will not pass/sell the debt on to anyone else, pointing out that this is not stated in their email.

I also said that they should withdraw the claim first. I also told them that I will send my comments to the court first.

I do have written proof that Phoenix are part of a group which included Moorcroft, Red Castle Frederickson and National Debt Recovery.

 

All the above have been involved in this matter and all promised they would not continue.

Are there any others you know about?

[kiptower]

the wording > I want an assurance they will not pass/sell the debt on to anyone else

 

I require from you "a strict undertaking that you will not pass or sell the debt on to anyone else subject to the law in ( england & wales or Scotland, which ever applies )"

 

or maybe someone can word it better

[emtdickson]

These words I used in my reply to BC and which I copied to the Court with my counterclaim. Included with that I said I will not accept a letter with a rubber stamp, which they were obliged to correct. Speaking to them on the telephone on two occasions I was told that they could not promise that as they would have to consult their clients, Phoenix. They also today denied all knowledge of the threatening letter from Shop Direct I received just a week ago.

 

When I spoke to them today (they rang me) I repeated my request and reminded them of the three emails I had sent which they had acknowledged and which contained my terms.

 

At the end of the conversation he promised to accept all my terms, and when the email arrived I thought he had.

 

Now I realise that that is not the same thing at all. Without you all I would probably have thought it was.

 

It is obvious from the wording - if they really meant that it would be far more explicit.

 

I shall have to look up the law about selling or passing a debt to get it right.

In any case I shall send it all to the Court and hope they will do the right thing.

[babybear39]

The court has the only power, remember that

[DonkeyB]

Any news EMT? Did Carter comply?

 

(Are bears catholic? Do popes sh1t in the woods?)

[babybear39]

I'm glad you substituted the usual DB ;)

[emtdickson]

My dear friends

Today I received the following from the court:

 

All parties having agreed

DISTRICT JUDGE ................ orders that this claim is stayed until 30 January to enable the parties to attempt settlement.

 

On or before 30 Jan 1910, one of the following steps must be taken:

 

either

the claimant must notify the court that the whole of the claim has been settled (see note 1 below)

or

the claimant or defendant must write to the court reqesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other persons helping with the process. The latter should confirm the agreement of all the other parties (see ii below)

or#all the parties must file a completed allocation questionaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionaire. The list must be agreed with the other parties and must indicate that it has been agreed.

Date 07 January 2010

 

Do I wait for Bryan Carter? It is obvious to me that their last letter was in fact a blind and that they really had no intention of keeping to it. Am I right? Can I assume that if they do not contact me they are not interested in reaching a settlement, or do I have to make the first move?

[DonkeyB]

30 Jan 1910? Damn, missed the deadline...

[DonkeyB]

I think it may be time to apply for a strike out and for a summary judgment on your counter claim.

[emtdickson]

Dear Donkey B

 

Sorry about the date!!!

 

What do you mean by strike out and summary claim? I am afraid I have no knowledge at all on these things.

 

The claimant is, of course, Phoenix Recoveries (UK) Limited S.A.R.L. Bryan Carter is not mentioned on the order. Perhaps they will appoint another solicitor??????????

Who is that likely to be?

[emtdickson]

Could you tell me please what is meant by ''any other persons'' phrase in the Order?

 

Would that include this site. Apart from this I have not sought help from any one person.

 

I have a good credit record. As far as I can see they have not carried out their threat.

[emtdickson]

Could someone please tell me a bit more about this Internet Explorer fault which has been on TV? Last week I had a warning that my computer was at risk. It happened just after another problem with the mouse arrows moving about the screen on it's own. It just seemed to stop at each icon on desktop and bar. Does anyone else have this problem?

[Bazooka Boo]

Haven't heard anything about this??

 

But I stopped using IE a long time ago, I now use Firefox, much more secure, and it is free to download and use, with lots of other applications you can add to ensure your details and privacy is protected.

[babybear39]

Haven't heard anything about this??

 

But I stopped using IE a long time ago, I now use Firefox, much more secure, and it is free to download and use, with lots of other applications you can add to ensure your details and privacy is protected.

 

Dito...

[emtdickson]

Thank you for this info. I shall certainly look into it.

 

I have sent an email to BC asking them to consult their client as to what they are intending to do re the last Court Order.

 

The first choice is for BC and their clients Phoenix to notify the court of settlement by 30th January, which is beginning to run at a gallop! How does that fit in with the second and third choice?

 

If Phoenix do not move until, say, 29th Jan, what time is there to move for a stay extention or to complete more allocation questionaires?

 

I sent copies of all the correspondance with BC to the court in time, including their half-hearted attempts to persuade me to withdraw my counterclaim. Is it not clear that by playing this game they are proving the emotional distress I have gone through in the last five years?

 

BC sent the email sayiing they will not bother me again if I withdraw. Since it was obviously not on behalf of Phoenix, is Phoenix aware that their solicitors decided to abandon them? I wish I could express myself clearer. I cannot think it acceptable for a solicitor to tell a defendant that they will no longer work for their client (Phoenix) without informing the client first?