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

[emtdickson]

Thanks very much. I shall have a look.

I went into the site. It is really a money wanting thing. They say it is free for first then the next page is asking you for money.

Strangely, the model number of the TV I had does not correspond with the same number as described on the site. The TV I had was (30") an LCD TV and was not HD ready. Either they are using the same model number and improved it or the one I had really was faulty. I wish I had the original catalogue for the description.

I think a family member through it out as I am sure I did have it. It would be a great help if I had the original description. It was Great Universal Catalogue of 2004. It did not appear in the subsequent catalogue when I ordered the replacement.

I thought it was odd when the first engineer said the fluorescent tubes had shown through the screen. The screen was getting darker from top to bottom.

I have asked a question on the site and given these differences but I do not think it will help. Without the TV it would be impossible to say.

Dear Friends

I have just come off the telephone with BC.

They rang me. Wanted to know why I did not sign their letter promising to withdraw their claim if I withdrew mine. I repeated what the previous person had said when I asked for a more detailed promise - that they will not pass it on.

He denied this. Said the person I spoke to was inexperienced. I asked if they had received my emails - So why did they not reply? - no answer.

If was quite a long phone call and he assured me that he was speaking on behalf of his clients in offering the withdrawal and I would not be bothered by anyone, ever again, in the future over this.

He is writing it all down in an email which should satisfy the Court.

I don't drink spirits, and the Chablis I like is not to be guzzled lightly and it is too early in the day anyway, but can I really believe them?

[babybear39]

In short, NO!

 

Don't believe ANYTHING a DCA says over the phone! Get it in writing and keep it safe!

[DonkeyB]

Quite right BB.

 

EMT, you must INSIST they abide by your original request, that they discontinue AND agree not to sell the alleged debt on, and to ensure that there is no record of this on your credit file.

 

As we thought, they are hiding behind the 'we didn't get your email' excuse - that's why we always say put it in writing, recorded, by post.

 

If they do not agree to your very reasonable terms, then let them know you will be advising the judge of their reluctance to agree to your very simple terms. Then see you in court, losers...

[emtdickson]

Thanks

 

In this am's conversation he stressed that he had abided by my request following the first offer by sending a letter with a real signature on it insf a rubber stamp amd no 'pp'. He said I did not ask for anything else and I remeinded him about the request I made of the assurance. He said I did not make it. I suggested that if they record conversations they listen to it again.

 

I told them I was not happy with the letter from Shop Direct confirming they will keep a credit record for 6 yrs. The reply was that that was nothing to do with BC and they had no part in it and were not acting for Shop Direct. I have a letter from 2006 which ties Shop Direct to Phoenix quite plainly, so I have to take what he said today with a pinch of salt as you say.

 

I shall wait for their email of consent for today whilst preparing copies and statements for Monday, hopefully special delivery will reach them in time.

 

If the person who rang today is really serious I am sure the Court will sort it out? I made it clear in my letter to the Court that I am willing to Settle and my terms. It was not greed for money which prompted me to counterclaim.

[Bazooka Boo]

BC really is an irritating fool.

 

I hope you are going to report him to the SRA and make a formal complaint about him to the Law society, not only does he split claims but he acts above the law and tells endless lies also...

[DonkeyB]

How I wish you could record their blatant lies!

 

Clearly they are still trying to mislead you. As BC are acting for Phoenix/SD, it is well within their scope and remit to negotiate the points - that's what being a solicitor is all about!

 

Let's see what the email brings... let's rely only on things you get in writing, and leave nothing to chance. Carter is a slippery eel when it comes to decency and honesty.

[Bazooka Boo]

Carter is a slippery eel when it comes to decency and honesty.

 

The name Carter should never be used in the same sentence as 'decency' and 'honesty'

[babybear39]

Please don't talk to the theat monkeys on the phone, it only encourages them

[emtdickson]

Dear Friends

 

I have just received this email from BC:

 

We confirm that once the matter is discontinued you will not be pursued further by Phoenix Recoveries or anybody else acting on their behalf. We will reimburse you the cost of your counterclaim fee if you provide us with proof of payment.

 

Regards.

No signature, but I don't think that matters as I have the letter with original ink signature on it following my previous complaint that I will not accept a rubber stamp.

 

It was sent from [email protected] at 13.28 on 31/12/2009

 

More advice please. I really hope this is it.

[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 to the 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.

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 Carter slipperiness.

LIP = litigant in person.

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

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

Dear 

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 requesting 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 questionnaire 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 questionnaire. 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...

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?

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.

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.