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Bryan carter started court action despite case against Lloyds stayed


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  • 4 months later...

Well, the letter of discontinuance was sent in July 2010, now over a year later I have a letter from I believe Arrow global saying that they have been passed the debt from Phoenix Recoveries. But it also says any future letters of correspondence needs to be sent to Frerickson International. Looking at the headings of the paper, I believe they are all pretty much the same company.

 

I think I need to call the court and ask what to do? unless someone here knows what my best move is.

 

Surely this debt could not be passed on when they have started court proceedings and then discontinued after i put my defence in. There last letter via Bryan Carter's was to say their client ie Phoenix recoveries will not pursue this matter further , therefore in an attempt to settle this matter before hearing and in order to avoid either party incurring further costs, we can cofirm on a without prejudice basis that we are prepared to withdraw provided there is no orders to costs.

 

Well i never replied, but I have not counterclaimed for costs, so why do they think they can proceed? Maybe i need to strike out just to finish them off?

 

any clever legal types out there that could please help?

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Ignore their letter the claim was discontinued.Just post up if you receive a further summons.

 

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What does confuse me about defending the original claim is that i submitted my defence and then recieved the letter from the claimant saying they were not proceeding. However on all legal websites it says as soon as i submit my defence the court will send out allocation questionnaires to both parties. i never recieved one from the court, so the claimant must have contacted the court to say it wasn't proceeding? and then.surely this would mean the case was discontinued and not still active as the mcol says????

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I have just read the last correspondence recieved from the court, which acknowledged the reciept of my defence. It says the claimant had 28 days to proceed with the case or the case would be stayed.

 

So this must have happened, so no if this new company wish to bring me to court they will need to proceed with a new case which surely won't look good if the last one is still stayed.

 

Is there any action i can take against Phoenix Recoveries for passing on a debt which is in dispute and has been stayed?

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Completely wrong, all you do is cross refer any new claim to the old claim and then report Uncle Bryan to the Solicitors Regulatory Authority for misbehaviour. He should know better.

 

If you have a claim that is stayed then that claim would have to be dealt with first. Any secondary claim would not have any legal merit in being brought before the first claim has been dealt with and come to a conclusion. At least that is my understanding.

 

Report the whole lot to the OFT and Trading Standards anyway.

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The claim may be stayed if they didn't file with the Court NoD, or maybe a MCOL glitch either way any new claimant would have to make application to lift the stay

(if it is stayed) and need permission of the court (after you inform them on the discontinuance).I personally wouldn't worry as said until they either issue a fresh summons or make application.

 

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This is the second case on CAG where Phoenix have discontinued and then sold to Arrow. Given the link between Carter and Freds, there is something very smelly going on.

 

Here’s the other case:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?312001-Received-letter-from-Bryan-Carter-Solicitors-***-Discontinued***/page4

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They will come unstuck Donkey, its only a matter of time.Hence the beauty of Cag.

 

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Andy

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Thank you Sillygirl, DonkeyB and Andyorch for your help.The link to the thread is exactly the same as mine, even the transfer dates of May 13th and the payments date of Dec 2010.I will read through this entire thread, before acting, but I believe its time to go for costs.Do I need to write to Phoenix Recoveries or our mate Bryan? before writing to the court?Or do i need to fill out an official form for costs and send to the court who will inturn send to Bryan.

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