Phoenix recoveries court claim

[firstship]

Alan....really pleased with the result for you...............,B3rty advise spot on..............you should be in a position now to be able to determine when you made the last payment(if any),if it is over 6 years ago or very close Statute Barred comes into play should any other DCA want to chance their arm????????FS

[oxfordalan]

Hi All Its me again thought this whole thing had gone away seems like it back had a demand fron anothe DCA asking for payment no court papers yet ? . How should a deal with this thanks Alan .

[B3rty]

Alan

 

This is quite common as the accounts get passed around

 

Try this letter which has worked for me in the past

 

Dear Sir/Madam

 

Re:− Account/Reference

 

Thank you for your letter of **DATE**, the contents of which are noted

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, was the subject of litigation on the xxxxxxx and has yet to be resolved.

 

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

 

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

 

 

Yours faithfully

[oxfordalan]

Thanks for your help i'll be posting the letter on to them ASAP , Just a couple off things . they say the money is owed to littlewoods , Do i put littlewoods in were you have **banks*** or D carter sol ?. And it says in your letter is part .. would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, was the subject of litigation on the xxxxxxx and has yet to be resolved.. ....its says not yet resolved but i had a letter saying carters was now dropping the court case ??

 

Thanks Alan

[B3rty]

Try this amended one....don't forget this letter is a spanner in the works and if the debt is not statute barred they can chase all they wan't however as you have proved it would be unwise to take you to court...however what its says is you wont lay down and take it , you have already stopped court action and know enough to be a problem to them in the future.

 

This also asks them to deal with it as a complaint under their complaints procedure so they are now working to a time line and believe me they will just send it back to littlewoods, who will probably repeat the process a few more times.

 

 

.....holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on debt collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with

Littlewoods thought their legal representative D Carters Solicitor prior to your first contact with me, and was the subject of litigation on the xxxxxxx which has yet to be resolved to my satisfaction.

 

]

[oxfordalan]

Thanks i have re read the letter sent and its says money was owed to littlewoods and they are acting for guess who ...Phoenix ...so i just need to type the letter out and send it , And rememeber not to sign it ?

[The_Debt_Man]

Hi guys

 

 

 

 

 

I hope you don't mind me bringing up an old thread but I'm in

the exact same situation as oxfordalan here .

 

 

 

 

 

I’ve received a court claim form from everyone's friend Bryan

carter who is working on behalf of phoenix recoveries.

 

 

 

 

 

I was planning on sending the defence posted in post 7 by

havinastella (thanks for posting it btw) And sending a CPR 31.14 to Bryan carter.

 

 

 

 

 

 

 

 

From what I've been reading I've go to make sure that Bryan carter and phoenix recoveries never see my signature....

 

 

 

 

 

Now this is probably a really stupid question but if i sign

the defence i send to the court and they send Bryan carter a copy , wont he then have a

copy of my signature?

 

 

 

 

 

 

 

 

Keep up the good work guys and i hope i can be of some help in

the future 8)

Edited December 9, 2010 by The_Debt_Man

[The_Debt_Man]

Should i start a new thread??

[DonkeyB]

Yes – and don’t send a defence in BEFORE you do CPR!