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

[emtdickson]

Has anyone contested the claim? I mean that they did not owe anything and that they have been told year on year that they did, then they did not? Has anyone counterclaimed? Has anyone had the case shifted to their local court? Would anyone like their email address?

[emtdickson]

Does anyone have experience of counterclaiming against Bryan Carter? They have made a claim against me for a debt which does not exist. I returned a faulty item and the mail order company did not credit the account. I ordered the item in 2004. I was told several times that I did not owe and it would not be pursued but suddenly I received the summons and I have launched a counterclaim to the court............. perhaps someone is in the same position?

[Bazooka Boo]

If you can start your own thread, then people will be along to give you help and advice.

[palomino]

Chez, I have one of those letters.

 

In essence if you have a judgment for a part of the debt then BC cannot claim for the balance (well he can I suppose but his chances are nil if you defend).

 

BC is threatening to obtain a warrant of execution for the full amount at least he did in my letter). I have checked with the court where the judgment was awarded and flagged up that BC might apply for a warrant for an amount much greater than the judgment amount. They stated that it was a part of their procedures to check the application against the judgment for precisely this point. Perhaps you could flag this with the court where your judgment was awarded - do it in writing so that it goes on the case file and will be read by the court if BC's application is ever actually received.

 

As to BC's threats of bailiffs etc. this is just BC's bluster in trying to bully you. You can either ignore it (he doesn't like that very much) or report him the the Solicitors Regulatory Authority (which he couldn't give a damn about because they never seem to actually do anything although Tesco probably applies).

[emtdickson]

I purchased an item in 2004 which was faulty.

I returned the item bu my account was not credited.

Following advice from Trading Standards and CAB I deducted the amount from my outstanding balance, sent a cheque for the rest.

The cheque was paid into the Trader's acount and I considered the matter closed, as I was advised that since the cheque was accepted as final payment the matter was settled.

In fact I have been told yearly since that I would not be bothered about this.

14 months later I receive a letter from Bryan Carter with a demand for payment of the item and their costs, followed a few days later by a court summons at Northampton Bulk Claims.

I immediately responded with a counterclaim and contacted the court.

The Claim was transferred to my local court.

The counterclaim was for more than BC said I owed.

The name of their clients is Phoenix, based in Luxembourg, the tax haven.

I then received a response from BC requesting I withdraw my counterclaim and saying they will not bother me again if I did so.

I sent the letter to my local court, together with a list of the paperwork backing up my counterclaim.

I told the court that I would withdraw on condition they promised not to pass/sell the ''debt'' to any other persons.

By telephone BC said they had to contact their client first. That would have used up the time factor.

They sent another letter this week repeating the first, saying they would not take action if I withdrew. However I have it on good authority that even if they did agree to my conditions they could still come back at another time, and of course I was told 14 nonths ago that I would not be bothered further.

It is a large sum and I suspect that debt collectors were attracted to this when they 'bought' the 'debt'.

They also sent me a copy of the form they say they sent to the court, but the information contained in it was false.

Also, the signatures on that and the letters did not match.

They have since given me what they say is correct info, but they have not replied to my email.

Now I feel that if they represent Phoenix and sent the request for me to withdraw my counterclaim, then why should they continue to tell me they are waiting instruction from Phoenix to agree to my conditions?

Has anyone ever counterclaimed against Bryan Carter? The Court has issued an order for a settlement, with a date.

[cerberusalert]

Post moved & new thread created.

[Huff&Puff]

You need to try and get them to put in writing that they will drop the claim and will not pursue you ny further in the future. Refuse to drop the counterclaim unless they put it in writing. BC is a slippery barsteward and cannot be trusted at all :(

[ashmk]

BC is well known for his underhand tatics.

 

Please remember to document everything BC says and does and make a complaint to the Law Society if you feel BC is breaking the rules. The Law Society - Home

[DonkeyB]

Stick to your guns. This man has more slime than my blocked drain.

[Fred Bassett]

Stick to your guns. This man has more slime than my blocked drain.

 

I had a letter from Fredericksons claiming that I had not responded to a letter from their solicitor Bryan Carter. Needless to say, I had no such letter from Carter. I wrote back to Fredericksons telling them this and asking them to make sure that Carter had my current address as I would not want him to send the first part of his split claim, the one for his own expenses, to the wrong place.

 

Oddly enough, I've not heard anything back from Fredericksons yet.

 

This particular account is subject to a PPI claim in which I have employed my own Solicitor. Could be interesting.

 

Regards.

 

Fred

[emtdickson]

The thing is that they HAVE put it in writing - twice!

I was told by good authority that even if THEY say they will drop the case if I withdraw my counterclaim it does not stop Phoenix from instructing SOMEONE ELSE.

Surely if they instructed BC to settle then I would have thought that they could agree to my terms without having to take it back to Phoenix? S

urely they would have known that I would not pay £80.oo to counterclaim and then just withdraw it without the assurance that they will not do this again?

After all, it has been done almost yearly.

Time and again I was assured.

Last time was 14/15 months ago, and here it is again.

[NailPost]

Have you seen any paperwork to support Carter's claim you owe this money? bet you haven't and I bet you Carter's don't have any either which is why they are keen for you to withdraw your counterclaim as it will show them in a bad light in front of a judge.

[Huff&Puff]

How about agreeing to withdraw if they pay your £80 costs. With the two letters and your costs refunded you can make them look bloody silly if they ever do come back and try it again,. There is nothing to stop you counterclaiming again, after all. If they won't agree to pay your costs, then it would probably be best to proceed, at least as long as you feel you have a good chance of winning.

[emtdickson]

The only paperwork I have seen is what was sent to my by Northampton bulk claims. On it BC mention goods purchased between 2003 and 2008, which is nonsense. Certainly they cannot prove that I bought anything else because I did not.

If BC and Phoenix are the same company, then they will have to explain why they are prevaricating over 'speaking to our clients'.

It is interesting to note that in their latest letter they say that if I do not return it signed in 7 days they will notify the court that they tried to settle but I was not willing.

At that time they were not aware that I had sent their first letter to the court with my comments. (The Court is my local one as I was able to have it transferred). I

f that letter meant that I would never be bothered again ,surely it would have said so.

That is all I want.

An assurance by whoever holds this 'debt' that they will not pass it on to anyone else.

I had that 15 months ago, but it did not stop them.. It is like a vicious circle, almost like Chancery in Victorian days.

I gave them 7 days to respond to my email.

They have already been obliged to give me an email address and when I sent the papers back to the court I told the court that the telephone number on their website is unobtainable.

They put the wrong email address on the form copied to me and admitted it.

'Would you like the correct address?'

They also had to sign the papers and nose a rubber stamp, and I do not suppose they are happy at this matter being held in another court, but why, why can they not agree to permanently drop the whole thing?

I do not believe that they have to consult with clients, because their client's name is on the letters asking me to withdraw it.

[DonkeyB]

Their clients are in the same building, merely a desk or so away...

[palomino]

Their clients are in the same building, merely a desk or so away...

 

BC and Phoenix are not the same company or in the same group of companies. BC's tame DCA is Fredricksons.

[PGH7447]

subbing

[DonkeyB]

BC and Phoenix are not the same company or in the same group of companies. BC's tame DCA is Fredricksons.

 

Sorry palomino, Fredricksons was the 'client' I meant. I doubt that Carter EVER goes anywhere near Phoenix (which of course, as palomino says, is the proper 'client')- the whole set-up is merely a paper-handling job. I wonder if Freds has an interest in Phoenix? Now, how would I find that out?

[emtdickson]

I purchased a catalogue item in 2004 which was 'not suitable for purpose', being faulty and informed the catalogue.

It took them months to come and the engineer told me it was a manufacturing fault and under guarantee, but he could not get it in his vehicle, saying he would return. Eventually the TV was collected.

I contacted Trading Standards, Which? Legal and CAB. All told me the same and advised on the standard letter. I gave them the deadline date for either repair or replacement. I sent them notice and heard nothing. I ordered another TV which they sent, in 2005.

I bought nothing more. In 2006 I deducted the cost of the item I returned and sent them a cheque for the balance which they paid in. I have all the paperwork. I feel that if I sent a cheque and letter in final settlement that should be enough.

However a few months later I received a default notice!

Each year since I have had these from different collection agencies.

Each year I explained and was told I would not be bothered.

The last time was 15 months ago.

Then I get a letter from BC, followed swiftly by a Summons in the Northampton Bulk Claims. I telephoned them and asked if they were serious. They said they were, so I immediately lodged a counterclaim for more than the value of the TV I returned. I have paid for the replacement so do not see why I should pay for both of them. Someone made a clerical error somewhere along the line.

When they received notice of my counterclaim BC immediately wrote asking me to withdraw it, promising they would not bother me again if I signed it. I asked advice on this and was told that they can pass it on to another firm of collectors, so I signed the letter with my terms and sent it to the Court. (in the meantime I have the case transferred out of Northampton to my local court).

I spoke to BC by phone and they said they would have to ask their clients (same building).

Then I received another letter repeating the first but this time threatening to send it to the court to prove that I was not willing to settle. I told them I had sent their first letter to the court with my conditions. This was the first letter I received from BC which was not a rubber stamp signature and no 'pp' either.

I mentioned this to the court. they sent me a copy of the Allocation Form. When I attempted to use the email address they gave I did not get a reply.

I spoke to them again and they said ''would you like the correct address?' and took it down over the phone. I sent them an email giving my terms. It was acknowledged.

Yesterday I sent a further email. This time the acknowledgement had 'maybe spam' in the address. I have no idea what this means. I have given them 7 days to respond.

Now I maintain that if they were instructed by Phoenix to make a deal, why should they refuse to add to the letter they wish me to sign 'We promise not to sell/pass the 'debt' on to anyone else and never to bother me again'? That is all I ask because I have had enough of this. I have been disabled, this time, since 1987 and am 69,and was newly widowed this year. I cannot walk far and use a wheelchair. I have a heart condition and have informed them of this.

Now I am wondering: 'why should I withdraw my counterclaim?' 

I have all the correspondence, including a letter from the CAB and info sent by Trading Standards and the dictation over the phone from Which?

The court has made an order that we should inform them in writing by 4th January that we have come to a settlement, because I sent them BC's first letter with my terms. I am still awaiting BC's agreement.

I have been told on good authority that if I do ahead and sign the letter without my terms they can come back every year and repeat the process.

I cannot face that. In fact, I doubt whether I shall even be here by then.

[Bazooka Boo]

Can you paragraph your post, it is almost impossible to read.

And can you start your own thread? Scroll down to bottom of the page, and on the Left Hand Side you should see a blue button with 'New Thread' in click on that , give your thread a title and away you go!

[emtdickson]

I am sorry to be so disagreeable. I did not mean for you to have difficulty reading this. At my age I think I am doing well to post at all. It is also somewhat difficult to realise what the full posting will look like when finished.

I am not sure what you mean by can I start my own thread, because this is my thread. I started it briefly, then thought I would enlarge on the situation. I thought that perhaps someone else might have counterclaimed against Bryan Carter and could help me. I also thought that perhaps I could find out what they would do if I did withdraw my counterclaim, as they have requested twice. I asked them to confirm that they will never pass this matter on to anyone else, ever, and they will not agree to that.

They wrote to me saying THEY would withdraw the summons if I agreed to withdraw my counterclaim. I do not think that that is the same thing and that they can start the whole thing up again whenever they like.

We have been given until 4th January to come to an agreement.

I do not owe this money. I returned an item under the Sale of Goods and Services Act in 2005 and in law they must refund the money on faulty goods. I ordered a replacement which the store sent but they did not credit my account

I duducted the returned item and sent a letter and cheque for the balance and closed my account. They accepted the final payment and paid it into their account. Some onths later I started to get demands for payment. Obviously an employee did not make the adjustment and years later someone buys this 'debt' and takes me to court.

Obviously I might have intruded on someone else's thread, but my story was moved by the webmaster so I assumed it was OK.

Since no-one has been able to help me I must accept that this is an isolated case.

[DonkeyB]

Hi EMT. There's clearly been a bit of a cock-up regarding the thread ID - this is someone else's thread, so bear with us till it's sorted. Apologies on behalf of the forum. We're all here to help, and we will.

 

You have a strong case. Please do not worry about this. Carter is a bully and, frankly, a tw*t, so we shall see him off.

 

You're in good hands. It's late, so tomorrow should bring riches!

 

Donkey

[kiptower]

site team have been asked to sort it and move it to a new thread 4 U

[emtdickson]

I am really sorry about this.

I received an email on 16/12 telling me that my posting had been moved.

I went into this place to read the replies and continued in the same place.

I cut and pasted the instructions in the email.

I went back in and found my first post on page 1 of this site.

I do apologise most sincerely.

I know how difficult it is for you kind folks to deal with new members who are under a great deal of stress.

I feel really sorry for some of the people on here.

We don't know which way to turn sometimes.

[DonkeyB]

That's why we're here emt. Hundreds of us - all on your side. It's a tiny glitch which will be sorted x