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    • Please start reading around the Hermes and P2G threats on the sub- forum. There's lots of material here and it's important that you go through them and understand the principles which are recurring all the time. There are huge number of similarities. Once you've done that, you will understand the basics of what needs to be done. And we will help you. You will need to give us a bullet pointed chronology what has happened including values, whether you are insured, et cetera et cetera. It would be nice that you deliver us the whole story without us having to follow up with too many questions. Start off by reading around
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    • I am hoping for some help. I noticed some readers state they have successfully challenged leaseholder charges. I am now being charged in excess of £2000 leasholder service charges on a garage in Kent. It is a simple garage. As it is a  non-residential the normal tribunal routes to appeal  the garage charges are unavailable. I requested an explanation of the charges. All the service company have provided is a list of charges nothing to say how these charges relate to my garage which has never been visited or maintained. I am charged management fees, account preparation fees, audit fees. The leaseholder forwarded my account to SLC solicitors three years ago. Three years ago I sent SLC a cheque to avoid legal action. SLC did not bank the cheque as they agreed that the charges are unreasonable. However the management company continued to issue charges on the garage. SLC have issued legal action again. I would love to hear from readers who have successfully challenged unreasonable leasehold service charges.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
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CCJ threat/Phoenix Recoveries/Bryan Carter Solicitors


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I wonder if anybody can offer some advice

 

I got a letter of a solicitors called Bryan Carter saying I had been served with littigation court papers on behalf of Phoenix Collections for goods supplied between 2003-2008.

 

I had no idea who phoenix recoveries are and so rang Bryan Carter today and spoke to a rather rude lady who told me it was a catalogue debt for 200.00 pound and did I want to pay today??I said no as I have had no paper work from this phoenix people and I then she asked how I would be pleading?? I have had some court papers to fill in and if I dont it says I will get a CCJ. I said I would get back to them after seeking some advice, so this is the best place I thought to ask

 

I have had a number of money issues over the years after a messy split up with an ex partner and so have a bad credit history but it is getting better as the years go by so this is worrying me

 

What should I do? I can do the court stuff on line, but I don't know how to proceede with this, I dont even remember having any outstanding bills to a catalogue

 

I have had a few other letters from odd DCA the last few weeks for debts and I am wondering what is going on? One of the the agencies I have ignored (upon advice here) as the debt again is my ex husbands and I think they are trying to get me to pay his debts

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Anthrax alert at debt collectors caused by box of doughnuts

 

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How long have you had the Court papers as you will be on a timescale to respond (defend).

 

There are several things you could do, but first and foremost I think you have to apply for a CCA Request to make sure that they even have a right to collect any money they say is owed by you.

 

There are a couple of ways to do this, so I will let the experts take over, but they will need to know when your response needs to be back at the Court.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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You need to reply to the claim asap, reply that you intend to defend in full.

 

You then need to send carter some letters, these will depend on what he has put in his statement on the papers.... what is he relying on ?

 

What does the particulars of claim state ?

 

Does he mention any particular documents ? e.g. default notice, agreement, notice of assignment ?

 

I beat this little critter :) its doable

 

Cheers

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As its a catalogue debt I would say 100% that they have no Credit agreement. would you type up the POC. for us so we can give you the letter to send to Carter. Do you remember the date you last made a payment to the account?. Have a look around the forum at Bryan Carter threads, you will see how easy it is to see him off.

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How about this one? -

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that county courtlink3.gif proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil Procedurelink3.gif rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditionslink3.gif that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signaturelink3.gif, is required.

 

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

 

1. A transcript of all transactions, including charges, fees, interestlink3.gif, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditionslink3.gif, date it was added and deleted (if applicable).

6. 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.

7. 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.

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

9. A list of third party agencies to whom you have disclosed my personal datalink3.gif and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the foslink3.gif for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencieslink3.gif.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

Send asap by Recorded Delivery and check on delivery and print off the receipt.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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thanks for your replies I have put as much as I can below:

 

the oarticulars of the claim as follows:

 

"the claimants claim is for the price of goods sold and delivered by the claimant to the dependant"

Particulars:

Claimants A/C **********

to goods sold between 05.09.2003 and 03.09.2008 and the claimed claims 247.45

the claimants 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 19.80

 

The above is actually on the court documents; Just to add I cannot remember making purchases in 2008 from any catalogue other than the one my husband has now!! I am totally shocked

 

The letter of Bryan Carter says the client is Phonenix recoveries and it states

 

"as you have failed to make repayments on the above account, we have now issued litigation proceedings in the county court. You will receive the claim form in the next 48 hours direct from the court.

 

You can telephone us on xxxxxx and discuss this case with our account manager.

 

If judegement is made against you and remains unsatisfied it will remain on the judgment register for six years and you may have difficulties obtaining future credit"

 

so from here is the advice that should I dispute the claim and ask the court to hold the case?? How should I word this?

 

then should I write to Bryan Carter asking for details?

 

I cannot remember this account, I think the last payment would have been round 2007 so for them to say they were supplying goods in 2008 is a lot of rubbish

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First thing is to send the court form back informing them you will defend the entire claim send it recorded.

and amend this send to Carter recorded

Dear Bryan old pal

CPR 18 - REQUEST FOR INFORMATION

 

I have received the above court claim from your organisation. In order to file a defence and counter claim I require some information. 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.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

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

b. 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 ORIGINAL CREDITOR.

c. 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.

d. 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.

e. 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.

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

g. 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.

h. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you seek to rely on in court.

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

If I was you I would send a CCA request to the catalogue, they often write back saying they dont have a credit agreement.

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Have you had any previous correspondence from Carter about this? Did he send a letter before action?

“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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IMHO, I would apply to Court for the case to be struck out.

 

The Claimant did not supply any goods to you as it is a financial Co in Luxembourg.

 

Simple as that.

 

Search the forums for Phoenix Recoveries and Bryan Carter .........

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Or a very simple defence simply denying that you ever bought goods from Phoenix Recoveries (Uk) Ltd Sarl.

 

It really is that simple ....

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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thanks for you help

I can do the papers on line for the court so I will do that and then get the other letters off to Bryan Carter

thanks for your help :)

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