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Bryan Carter and northampton court


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Hi Everyone

 

I was wondering if anyone can help me. I've recieved a claim form from northampton court for a debt i had in 2003/2004 with a catalog company.

 

Bryan Cater seems to have taken this over now and i'm trying to work out what to do next. I have already been on moneyclaim.co.uk and acknowledge it saying i am defending the claim in full.

 

Now reading some of the other post it looks like i need to send a cpr request to bryan carter and this is the bit i'm stuck on. There seems to be so many different versions of the cpr request out there, could someone help me with this and point me in the right direction.

 

Of course i might have got all of this wrong :( so you can tell me off if i have !!

 

Rach

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First of all, when did you last make any payment to this account? Let's work out whether or not it's statute barred first.

 

Have you had any correspondence from Carter or anyone else in the meantime? What exactly does the claim form say, and who is the claimant? Carter will only be the solicitor acting. Tell us all you can about the history of this and we'll find the right way forward.

 

Leave out any personal details and use approximate amounts.

 

Carter is a prize idiot of the highest order - he probably has a medal for it somewhere - so you have little to fear.

“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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watch out for the split claim trick too!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DonkeyB

 

I have had some correspondence from Phoneix Recoveries in the past but they have been going to an old address and only recently got them.

 

They now have my new address so all letters are coming to me now.

 

The trouble is i cant remember the last time i spoke to anyone about this debt. I do remember talking to littlewood years ago about a payment scheme which i don't remember paying into to be honest.

The trouble is i was getting divorced around this time as well so a lot of it is very fuzzy at best. Sorry i cant give more information on dates.

 

As you can see below i did open a littlewoods account in feb 2003 this i do remember but i don't understand where the 2008 date comes from. i'm sure i only had the account with littlewoods for a year until they closed it because i had problems paying due to the whole divorce thing going on.

 

What is the split claim trick as well!!!

 

Anyway the claim says this

 

The claimant is

 

Phoenix recoveries

 

The address for sending documents and payments is

Bryan Carter & co solicitors

 

particulars of claim

 

The claimants claim is for the price of good sold and delivered by the claimant to the defendant

 

The goods sold between 09/02/2003 and 08/02/2008 and the claimant claims 1293.75

 

The claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 103.50.

 

 

Amount claimed 1397.25

court fee 65.00

solicitors costs 80.00

total mounts 1542.25

 

Thank you all so much for the replies so far.

 

Rach

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Carter is being disingenuous by putting 'between 2003 and 2008' because that implies you were using the account until 2008, which clearly is not the case.

 

Moreover, the claimant - Phoenix - did not supply the goods. Someone else did.

 

Have you had a notice of assignment at any point?

 

Did you receive a default notice from Littlewoods?

 

What could be really important is the last date you made a payment on this - not when you talked about it, but when you actually made one or acknowledged the debt in writing. If it was through your bank account, you should be able to get statements from your bank to find out (there may be a small charge) or hopefully you still have records.

 

I get the impression that Carter knows this is SB or about to become SB, so part of the CPR request will be to obtain from him a full statement for the history of the account showing when payments were last made.

“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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Hi

 

I have looked at my credit report today and i do not have a default from littlewoods (Shop Direct Finance Company Ltd) but it does say that it was Satisfied in Aug 2006. I'm assuming this is the time they sold the debt on.

 

If my credit report is anything to go by then the last payment i made was in November 2005 to littlewoods, then after november 2005 up to Aug 2006 its says i had arrangement to pay, but i really cant be sure thats correct.

 

Also i cant remember getting a notice of assignment but with moving address so much it may have come and i missed it.

 

Luckly i have all my bank statements going back to 2004 and i've just checked through them. I cant see any record that i've paid towards this at all. Especially around the 2005/2006 dates.

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That's good then - it may be statute barred. The best way forward now is a CPR request to Carter demanding copies of statements for the life of the account, default notice, termination notice, notice of assignment, copies of annual statements which they should have been providing each year, the original signed credit agreement with Littlewoods/Shop Direct, and the Deed of Assignment between the original creditor and the claimant.

 

That will shut the fecker up for a while.

 

Don't do the SB letter yet - we need to absolutely establish that it is SB first. SB is an absolute defence on its own.

“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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Loads of CPR 31 around the forum - just adapt it to include the specific requests. Post it here first, without your personal data, and we'll check it over for you prior to sending recored.

“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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sounds like it could be a close thing on the stat barred angle, when you get your statements look for any small payment that does not seem right

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi

 

Found this CPR and it looks and sounds right, what does everyone think. If its ok i will send it tomorrow. Do i need to send any money off with this letter to cover there costs?

 

 

 

 

Dear Sir,

 

CPR 31.14 Request*

 

On 1st April 2010 I received the Claim Form in this case issued by you out of the Northampton county court. Case No. XXXXXXXXX

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

 

1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. A full statement of account - itemising all interest & charges from the commencement of the alleged agreement to date

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the documents' authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours Sincerely,

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Anything you send to Carter must be sent by recorded or special delivery - he has a habit of saying he's not received stuff. You need to be able to prove it was signed for. Keep a copy of anything you send and staple the signature receipt from the royalmail website to it.

 

You need to keep your wits about you when dealing with Carter. but he usually scuttles back under a stone when challenged.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I have sent my CPR off today recorded delivery and unsigned.

Can I just check some dates with you guys so I know what to put in my calendar.

 

The claim form I had from Northampton was dated the 1st of April, so I’m guessing from the 1st April I had 5 days plus another 14 days to acknowledge so that would take me to the 19th April (is that right?) I acknowledged service on the 13th April according to the money claim web site

 

Now that I have acknowledged Service I have another 14 days so does that take me to the 3rd of May.

 

Sorry so many questions J have I got any of that right

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seems about right once you put to defend you have 28 days from issue I bleieve

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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You either ask for more time or submit an embarrassed defence. It may be best to put pressure on Carter by sending further letters reminding him of his CPR obligations. This will look good for you should it ever get to court.

 

Really, you need now to sit back for a week and see what happens.

 

In the meantime, do you have any documents from Phoenix/Littlewoods that might help us prepare your defence?

“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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I will sit back for a week and see what happens, in the mean time i will look though my paper work at home to see if i have anything.

 

Thanks again everyone for all your help

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Hi

 

Just a quick update

 

Received a letter from Bryan Carters today, is says

 

As you will be aware we have recently issued proceedings in respect of the outstanding debt

 

It may be that you do not yet have any judgments registered against your name and we wonder whether you are aware of the serious impact that a registered judgment could have on your ability to obtain credit in the future

 

It is still not too late for you to act to avoid this happening

 

Please telephone us immediately on receipt of this letter in order that we can discuss what options are open to you.

 

This is a serious matter and you may wish to obtain independent legal advice

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if but might maybe could

 

threat-o-gram...

 

issued proceeding is just sent a letter to you saying we might.

 

just keep an eye on it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As he has issued proceedings, he really should not be writing to you in this way unless it is on a without prejudice basis with an offer of settlement. This, to my mind, is a little threatening.

 

If I were you, I would write to him, reminding him that he has so far failed to comply with your legitimate CPR request. Object to the overtone of his letter - that he will gain judgment - and tell him you have copied his correspondence, and your letter, to the OFT, and that it will form part of your defence if he fails to comply with CPR.

 

This letter is useful - you will be able to prove he has received a CPR request, and he is ignoring it and intimidating you further.

 

The man is a prize ar*ehole and grossly incompetent on behalf of his clients. How he ever qualified as a solicitor I'll never understand.

“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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