Phoenix/Carter Claimform - old GUS Shop Direct Cat Debt - returned faulty TV .**CLAIM DISMISSED**

[babybear39]

Cover your back...Short letter thanking them for the cheque and insisting, before you cash it and confirm their suggestion, the blance of the alleged account be returned to zero and a statement confirming same to be supplied, all trace of default be removed from your CRFs, all three.

[emtdickson]

Thank you babybear.

It makes sense.

t present there is no mention of that in my credit score, but since they threatened to earlier this year I have to make sure that is so.

They must know there is no debt, otherwise why wait five years?

I will keep you posted.

The whole thing has made me very tired indeed.

[DonkeyB]

You can still go to court with this, and I'm sure they would either discontinue or you would win. If you made a further representation to Carter - ie. your version of a consent order, asking for £1,000 and a statement that the account will not be sold on, and that they acknowledge no debt ever existed - and it was refused, then they would be in trouble.

 

The choice is yours. You have a strong case. Personally I would ask them for £1,500, which is half of your counterclaim, plus the other conditions. They do not have a leg to stand on.

 

The issue for you, EMT, is the stress factor. If you want us to draft your version of the consent order, let us know.

 

Do not trust Carter one little bit. He is backpedalling at top speed.

[emtdickson]

Dear DonkeyB

I would very much like you to draft a letter for me along those lines. Yes, I am stressed, but at the same time I have come this far. I told them when I received the summons that there was no debt, yet they have persisted.

I remember reading somewhere, long ago, that if you contest a bill, write to the firm, enclosing a cheque for final settlement of on account and they accept the cheque and pay it in, that is final. Is this still correct?

I am not sure whether I should say here, but I was told on good authority last December, that BC saying they will withdraw does not mean they will not bring an action again! The writer of that email was well qualified to know.

That was why I joined your site, and very glad I was to do so.

I have always kept records of things for much longer than the recommended five years.

This has stood me in good stead over the years.

I wrote to Mary Kelly of BC explaining that I had made a final payment in 2006 which was accepted, and that I will no acknowledge that there is a debt.

Her reply is very untrue.

None of it is correct, and I cannot understand it.

I believe it is a deliberate attempt to cause more harassment.

It is by email attachment in the form of a pdf.

I would like to forward it to someone, if it is possible for you to allow me access to an email address.

[DonkeyB]

PMed you, EMT.

[emtdickson]

What does that mean please? I feel so stupid.

[DonkeyB]

Sent you a private message (PM) with an email address.

Well, well, a real, genuine, completely useless witness statement from Bryan Carter & Co!

And what a lot of tripe it is!

Will liaise with EMT and get the info here asap.

Edit: EMT,

I've emailed the WS to another trusted source who hopefully can pop in and give some input.

[emtdickson]

Dear DonkeyB,

What I don't understand is what happens to this latest from them?

I have until 9 June.

They have increased the amount, despite the Court extension of time.

Can they do that?

I am not refusing to pay because I cannot, but because I returned the faulty item.

They have never asked me for paperwork copies or details of the accounts.

All the paperwork in connection with this is listed on the Allocation Questionnaire.

The instructions from the court are not to enclose them with the form, so I did not, and this woman has never asked for them, as she says in the Witness, nor have I ever denied having ordered the item.

Can she make me send copies of my bank accounts and credit card statements?

Those things are private.

I have never requested a breakdown of items.

Why would I?

The sum was for one item ,£1,999.99 and if I have to pay it I should have a new TV.

There is only one purchase involved, and as I told her, I settled the account to nil in 2006 after deducting the item which they did not take off the account.

I have never denied that I have statements, as I said above.

I cannot understand why they should say these things.

Anyone would think I had not listed them, back to Nov/Dec when they sent the claim and it was moved to my local court.

Are they acting lawfully?

Should they not have raised this before now?

If I had kept the cheque and cancelled my counterclaim, could they have started the whole thing over again bringing up my recognition of the contested debt?

If it is possible, then they are making fools of the law.

I have no knowledge of this woman apart from that posted earlier in the year.

[DonkeyB]

Hang fire... taking advice and corralling the troops... you have nothing to worry about - the issue is the options, and what we post (as they may be looking in).

[emtdickson]

Many thanks. I will be here after a sleep.

[DonkeyB]

OK guys, this one is going ballistic. EMT is in court this afternoon - we intend to give Carter the hiding of his life.

[Undercover-Elsa]

This grey morning is suddenly looking much brighter!!!

 

[DonkeyB]

Their conduct in this has been nothing short of disgusting. It will make the newspapers - Hetherington will love this one.

[Undercover-Elsa]

Is EMT being helped or represented in court, DB?

[DonkeyB]

EMT is a redoubtable old bean and is an LiP. I was wondering about seeing if we had a litigation/court friend in the Oxford area.

 

I'm just topping off EMT's statements. Carter has tried to discontinue with a consent order which is unsatisfactory, and their late WS is laughable. Will post it all up afterwards. You will need a handkerchief to stem the tears of laughter.

[Undercover-Elsa]

I will iron one in readyness...

[Seminole]

Darn, I'm in Oxford City Centre this afternoon at the time of the hearing but I have to go to a meeting. Is it still scheduled for 2pm?

[DonkeyB]

Yup. Thinking of hopping on a train myself... alas, EMT has gone quiet - can't contact her.

[DonkeyB]

EMT, where are you? WS sent to you!

[Undercover-Elsa]

If she's anything like me, if I had a court case this afternoon I'd still be on the toilet..

[DonkeyB]

Now en route to Oxford... sh1te!

[Seminole]

Allow about 20 mins to get to the court if walking from the station. I'll be just down the road from you in the old court building

[DonkeyB]

I'm tight on time - it will be a taxi! Still not heard from EMT...

[Undercover-Elsa]

Goodness, this is getting exciting! You're a star, Donkey B, for giving such support. Fingers tightly crossed.

[Seminole]

I'm tight on time - it will be a taxi! Still not heard from EMT...

 

You may need to be quite persuasive with the taxi driver as they can be reluctant to go from the station to St Aldates. There's a large pedestriansied area in the way. Not sure about busses but I know what nos 1 and 5 stop near there.