Carter claimform - old Egg Loan 'debt' - stayed

[The GodMother]

you also need to watch out for carters trick of splitting the claim. he goes for his costs normally and admits to it on the forms buy reserving the right to claim for the balance at a later date.

[The GodMother]

NP is also right but BC usually backs down when you point out in ur defence that he is breaking the law.

[The GodMother]

Hi all

I can't add anything to the excellent advice here -- but I do get worried when I see people worrying about a "Credit Record".

 

If you've been in default -- then for whatever reason you've had credit problems

 

So once you get this problem solved (successfully I hope as BC obviously has such a "fine upstanding pillar of the community" reputation) lol don't bother again with Credit again -- it's livable withouit --needs a bit of adjustment of course -- but then YOU are in control --and people like equifax / experian etc can go and take a hike. Seconded

 

The default WILL stay on file - but there's plenty of people to help you solve the BC issue. you could fight but it will be long and hard and u may not win.

 

CCA and SAR are the first ports of call of course.

 

Incidentally having CCJ's / adverse credit won't actually stop you getting a mortgage when (as it will) the market picks up a bit. You'll have to pay a bit more - that's the only drawback - but as I said the amount you will have saved by not having other EXPENSIVE credit should easily make the higher payments affordable.

 

 

People sometimes seem to worry more over their Credit ratings than actually being able to pay the debts.

 

I HATE DCA's with a passion -- maybe we can in future legislation stop debts being "Sold" - or if they are then the same rules should be applied to selling on tickets at Sports / Entertainment media - the ticket can't be sold on for more than its face value.

 

If a Debt is sold on then the debtor should NEVER have to pay more than what the purchaser of the debt got for it.

 

Maybe we'll see "packages of debts" being sold off on e-bay.

 

Cheers

jimbo

 

 

Who wants there own house anyway? its to much of a headache as if summing goes wrong u need to sort it rather than ur landlord.

[The GodMother]

The whole point of defending claims made by Carter is to challenge his firm to produce the paperwork. As soon as they realise you may know something they would prefer you not to know they throw in the towel, wave the white flag and send everyone concerned a notice of discontinuance. It would be fun to find out how many claims Carters file with the authorities in a week/month or year and to find out how many are discontinued.

 

Np in relation to the highlighted in red paragraph could we get this information with a freedom of information request?

[The GodMother]

Ok then here goes.

 

You have got the help on this thread so u wont need much more from ppl.

 

Where l can help i will and NP will more likely point out where l have gone wrong.

 

On the claim forum u will have a pass word and code as well as a website that you will put all that into. U need to acknowledge claim on that website indicating that you intend to defend all the claim. BC will be told you have done this but this is standard procedure. You then get a further 14 days to submit a defence in regards to this on top of the 14 days you already have.

First thing tomorrow morning you will need to send BC a CPR , will be posted later, by recorded delivery DO NOT SIGN THIS. Give BC 10 days to get you the info. BC will more than likely refuse the info he is known for this dont worry we can sort him out with this at a later date.

will be back with your cpr.

[The GodMother]

Account In Dispute

 

Dear Bryan Carter,

 

I acknowledge receipt of Court papers sent by Northampth BCC on Enter date of the papers which was received on enter date recieved.

Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against Bryan carter. I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

To enable me to investigate this claim I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual

intervention in relation to my account formerly held with ** CREDITOR **.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you will seek to rely upon in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

 

I would appreciate your due diligence in this matter.

You have till the , 10 days, to furnish me with this information or l will be reporting this to thecourts.

I await your rapid response.

Yours Faithfully,

PRINT DO NOT SIGN

MAKE ANY CHANGES YOU NEED BUT I HAVE PUT STUFF IN BLUE FOR YOU THAT I HAVE CHANGED.

[The GodMother]

thats normal Magcian.

[The GodMother]

Ok what date did the stay take effect?

 

I would make a call to the courts to find this out so u can make a call to the courts every 2 weeks/months on the correct date to say what is going on?

 

Also on yourcalendar make a note and then give the courts a call to find out what is going on.

[The GodMother]

leave it you have submitted your defence and l would assume you have said all that you want in that as in unenforcable cca etc.

 

if they want they can contact you they have your address.

[The GodMother]

well if its a embarred defence you can if the stay gets lifted ask the courts for permission to update or ammend your defence to show what has happened since.

 

They still need to have the stay lifted tho.

[The GodMother]

It is up to you but you can apply for the case to be struck out on a n244 which will cost you.

 

I would contact the court and ask if after the 4 moths they have not done anything will the courts automatically strike the case out?