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Thank you. I have just had another thought: I went back to page 7 and re-read the Order made by the Court last: Bryan Carter were supposed to pay a fee into the court for the 9th June hearing, otherwise I would win by default (well that is my understanding of it - I may be wrong) The fee of £150 was payable by March 5.

 

Is it possible they forgot to pay it? What do you think?

Elizabeth

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Check with the court.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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Dear babybear

I did as you suggested. I wrote: Would you please tell me whether the Claimant in the above case has paid the required sum for the hearing date on 9th June 2010.

 

Today I received the following reply:

 

We confirm acceptance of your document(my email tot hem). Our records will be updated to show the date of filiiing as the date of receipt. When we ned to reply we will contact you within ten working days.

This is very close to the hearing date of 9th June. The fee had to be paid by the Claimant by 5th March.

 

I would have expected a definite answer. Perhaps I should have included the details re the cheque?

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They really should have responded better. Call the court and explain breifly asking for the information :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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without the need for greed ,your counter claim £3000,their offer £300?

i got more than that just for carters discontinuance,without all the other upset grief / lies etc.you,ve been goin on this case now a very long time under alot of stress,make the toe rag pay for it!.

he wont go to court anyway.( with what).

anybody ever seen carter in court???.

but good luck to how ever you go foreward.

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Thank you both. I agree with you, and think the reply from Court could have been more informative.

 

The last court order was that the Claimant should pay the fee of £150 by March 5th. If he fails to do this, it is written that the hearing shall be removed from the list. It does not actually spell out that I will win my counterclaim by default, and I have not been asked by the court to pay the £35 fee for my counterclaim going ahead on its own.

 

I wonder if that may be the reason why the Court's reply is vague?

 

Do I now inform the Court that the Claimant has attempted an agreement?

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The fee was paid.

 

I think it might be better all round if I accepted the cheque and signed the paper. I have to believe that they will indeed not keep resurrecting the matter.

 

I do not ask you for direction, but would like your opinion please.

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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. :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Thank you babybear. It makes sense. At 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.

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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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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 sn sccount 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 sayiing 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.

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I need help please. I wrote to Mary Kelly of BC explaining that I had made a finala 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 harrassment.

 

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.

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PMed you, EMT.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Well, well, a real, genuine, completely b*llocks 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.

Edited by DonkeyB

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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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 Questionaire. 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.

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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).

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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This grey morning is suddenly looking much brighter!!!

 

:)

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Is EMT being helped or represented in court, DB?

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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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.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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