Phoenix recoveries court claim

[oxfordalan]

I have received a Court Claim form this morning from Phoenix Recoveries (UK) Limited . I do not have a clue who they are claiming this money for its says for goods recieved between 2003-2008, And is for £677.Have not a cluehow to go about this can anyone help its worrying me sick .

 

Thanks for any help Alan

[maroondevo52]

Hello and Welcome,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[wycombe]

Scan and post up the Claim form from the Court minus your personal details. It is unusual to receive a Summons without some form of notice beforehand.

[firstship]

hi Alan has the letter come direct, from Phoenix Recoveries or is their a DCA acting on their behalf??????????????????Phoenix are based in Luxembourg the UK Ltd is part of their very mis-leading title,there are also massive threads on the CAG,site regarding Phoenix,they are chancers and buy debts that are out of date and from your thread this may well apply to you,but you need more information,tell us more and we will help,if possible post up the court claim it may give us some clues,remove all your private details first..........FS

[oxfordalan]

hi Alan has the letter come direct, from Phoenix Recoveries or is their a DCA acting on their behalf??????????????????Phoenix are based in Luxembourg the UK Ltd is part of their very mis-leading title,there are also massive threads on the CAG,site regarding Phoenix,they are chancers and buy debts that are out of date and from your thread this may well apply to you,but you need more information,tell us more and we will help,if possible post up the court claim it may give us some clues,remove all your private details first..........FS

 

Hi, Flagship,Sorry not got a scanning machine but let me give you more details , the court papers say ,, the clamants clam is for goods sold and delivered by the clamant...particulars...clamants a/c ******* to goods sold between 25/12/2003 and 24/12/2008 clam is for 497.82 plus intrest...together with court cost totals 667.75....

 

its says to send the form back to bryan carter solictors llp

[sleepingdog]

Hi oxfordalan , On no account should you send the court form back to Bryan Carter , he will just sit on it and you will get a CCJ agaist you by default.

The debt is likely to be for a catalogue as Pheonix seem to buy lots of these debts.

Pheonix via Bryan Carter got a CCJ by default against a friend of mine without her being aware but we were able to get the CCJ set aside then Bryan Carter stopped the claim once he got our defence , but he had tried lots of underhand methods in getting the CCJ in the first place.

Do not trust this company , there are many on this site that will help you but if you are to defend this case then you need to request a further 14 days from the court to allow you to reply with a defence , this will also allow you to request information from Bryan Carter ( CPR request). I will keep a eye on how you are doing but due to work commitments may not respond for a few days at a time.

sleepingdog

[havinastella]

Hi Alan

 

you have two choices, ask for information that you won't get or file a defence.

 

This normally gets rid of him and once you have filed a defence, if they discontinue, you can claim costs!

 

In the Northampton County Court (CCBC)

 

Claim number

 

 

 

 

 

Between

- Claimant

 

And

 

 

- Defendant

 

 

 

 

Defence

 

1. I, xxxx of xxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxxxx

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3. No documents supporting the claims in the particulars have been offered nor have any dates of agreement or account numbers been stated which the defendant needs to establish what agreement it is that this action is based upon

 

4. The claimant appears to be a debt purchaser of delinquent debts and not a money lender, the claimant seems to contend that they are entitled to monies due under said agreement made between the defendant and the claimant Fredrickson international. The defendant has no knowledge of this company or any indebtedness to them relating to any agreement, the defendant has not entered into any agreement with the claimant and therefore should it be the Claimants contention that they have a claim to monies under an agreement between the defendant and another creditor, the defendant seeks clarification of this fact and proof of legal assignment as required by Law of Property Act 1925

 

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

6. additionally the claimant appears to have split the cause of action insofar that they bring a claim for a part of a debt. the defendant notes that this is unlawful and for authority of this fact cites Section 35 County Courts Act 1984 which sets this out clearly.

 

 

7. Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

8 the defendant seeks permission upon clarification of the claimants case and disclosure of the necessary documents to amend this defence

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed .....................

 

Date

 

 

 

 

 

 

READ IT and EDIT the parts that NEED EDITING!

 

 

 

 

Jogs

[firstship]

HI...........Havinastellas letter good all you need at this stage, Phoenix involve Bryan Carter a lot do not send any court papers to him shall we say he cannot be trusted..................send the letter and it should produce all the answers,like who is the debt from,when the last payment was made,I will not be surprised if the debt is Statute Barred???? ATB...FS

[B3rty]

Hi Alan

 

Don't worry we have all been there and understand how difficult this can be....you have received some great advice but for a newbie no one has told you what you need to do yet so this may help.

 

You need to acknowledge the claim using the Money Claim on-line web portal (MCOL) and this needs to be done in 14 days.

 

You then have another 14 days to submit your defence called a holding defence which can either be uploaded direct subject to a min 8000 characters or faxed to Northampton. Thats a Holding defence in post 7 which could be adapted for your purposes

 

Remember Northampton (MCOL) is just an on-line processing court service so if you do not reply and defend in the timely manner you will get a judgement by default which is why DCA's like the system, once you put a spanner in the works i.e defend it starts to cost them money and for this amount its not going to be worth the effort.

 

The post in #7 is a holding defence which you can upload for that purpose, its worth phoning the court to get the 14 and 28 days dates as there is a bank hol in there somewhere plus its working days.

 

When Northampton get a holding defence they then post the case onto your local court which is where the real fun starts however this will be quite a while away and I would imagine carters will not pursue this.

 

At the local court they will need to prove you had an account, the agreement was executed and contained all the correct terms, you were issued with a default notice correctly and they have the right to collect the debt through the correct assignment.

 

You should now write to Carters saying you don't acknowledge the debt and will defend the claim and as your right under CPR to request information regarding to the claim including a copy of the agreement. default notice and assignment......not sure what letter is in use for this but there is one on the forum somewhere and I am sure someone will post a link for you soon

[oxfordalan]

Hi Alan

 

Don't worry we have all been there and understand how difficult this can be....you have received some great advice but for a newbie no one has told you what you need to do yet so this may help.

 

You need to acknowledge the claim using the Money Claim on-line web portal (MCOL) and this needs to be done in 14 days.

 

You then have another 14 days to submit your defence called a holding defence which can either be uploaded direct subject to a min 8000 characters or faxed to Northampton. Thats a Holding defence in post 7 which could be adapted for your purposes

 

Remember Northampton (MCOL) is just an on-line processing court service so if you do not reply and defend in the timely manner you will get a judgement by default which is why DCA's like the system, once you put a spanner in the works i.e defend it starts to cost them money and for this amount its not going to be worth the effort.

 

The post in #7 is a holding defence which you can upload for that purpose, its worth phoning the court to get the 14 and 28 days dates as there is a bank hol in there somewhere plus its working days.

 

When Northampton get a holding defence they then post the case onto your local court which is where the real fun starts however this will be quite a while away and I would imagine carters will not pursue this.

 

At the local court they will need to prove you had an account, the agreement was executed and contained all the correct terms, you were issued with a default notice correctly and they have the right to collect the debt through the correct assignment.

 

You should now write to Carters saying you don't acknowledge the debt and will defend the claim and as your right under CPR to request information regarding to the claim including a copy of the agreement. default notice and assignment......not sure what letter is in use for this but there is one on the forum somewhere and I am sure someone will post a link for you soon

 

Hi thank you all so much for you advice , But i'm very slow on these matter so please bear with me . right as i understand it i need to defend this claim via the online moneyclaim site , And i need to wright a letter to DCA say i;am defending this claim and ask for all details regaining this claim ?? . And just wait ????.

but what if i get a reply and it turns out some thing i did have ???.

 

Regards Alan

[B3rty]

These things are not black and white however unless they have the items listed they will have a problem getting it past the Allocation Questionnaire stage if it goes to your local county court.

 

If I sent you a Northampton Claim wouldn't you want to know what it was about and for me to prove my rights to collect it...well Carters have to do the same...they may well provide an agreement a copy of the default notice and the assignment to collect....however until then you need to fight your corner.

 

I defended all mine a few years ago and I am a little out of touch as I see some folk are using CPR 31 to obtain documentation however this is what I used and it should fire a shot across their bow

 

Berty

 

 

In the Northampton County Court

xxxxxxxx xxxxxx-v- xxxxxxx

Claim Number: xx xx xxxxxx

 

 

Dear Sir/Madam

 

REQUEST FOR INFORMATION

 

I have received a recent 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 MBNA Europe Bank Ltd.

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.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).

e. 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.

f. 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.

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

h. 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.

i. 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,

[oxfordalan]

Hi All i'm heading for a break down, Have tried to go moneyclaim on line and now its saying the claim number or password i'm giving is wrong but its the claim number on court papers and password sent . do you think its as well to send it by post back to northhampton county court saying i disagree with the claim ?.

 

sorry i seem to come across daft not to good at computers and this is worrying we .

[B3rty]

I would suggest giving the court a call tomorrow

[oxfordalan]

I would suggest giving the court a call tomorrow

 

Hi B3rty. I have just this min come off posting my defence on line not sure i worded it right but i just stated i did not owe money to Phoenix and that i had asked for all details regarding this claim and for whom they were collecting the money for and what goods had i meant to have recieved .

Will now post a letter off to DCA asking for these details and wait a reply . God hope i done this wright . many thanks for everyones help will let you know how things go .

 

 

Alan

[B3rty]

Alan

 

You need to slow down and take stock.....you have 28 days to post the defence and its best to be correct rather than fast.

 

You may have heard about Mr Loophole the lawyer that gets celebrities off driving charges...he does this by looking at procedure and where this has been breeched that's his trade mark defence .....in a nut shell this is how the the legal system works so for example its not necessarily about right or wrong initially but following correct procedure as well

 

You should have acknowledged the claim and the fact that you want to defend...ok you have done this but you have also submitted a defence with out showing it to this forum for correction so before sending any correspondence just run it past the forum first to make sure its correct procedurally.

 

This is important.....Did you follow the defence in post 7 pretty much word for word including the statement of truth if not then this needs to be added as its part of CPR procedure to include this statement

[oxfordalan]

Sorry trying to run before i can walk , As ive sent my defence on money claim can i add to it ?? can you please paste a copy off what i should have put in my defence .

here is a copy off the letter i was going to send to bryan carter solicitors.

In the Northampton county court

2/8/2010

Claim Number: ********

 

Dear Sir/Madam

 

REQUEST FOR INFORMATION

 

I have received a recent 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 MBNA Europe Bank Ltd.

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.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).

e. 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.

f. 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.

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

h. 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.

i. 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,

[B3rty]

Alan...that letter is great...with regards to your defence I am not sure if you can edit but you need to use pretty much what is in the statement at 7 you need to admit or deny the debt and you need to conclude with the statement of truth.

 

If you haven't included these and can't edit on-line phone the court and ask if you can resubmit your defence

[oxfordalan]

Would this have been what i should have wrote ? if so i'll try to edit it on line, if not i'll ring the court , i better know what i;m saying before i try. a lesson lernt aready. 1. I, xxxx of xxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxxxx

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3. No documents supporting the claims in the particulars have been offered nor have any dates of agreement or account numbers been stated which the defendant needs to establish what agreement it is that this action is based upon

 

4. The claimant appears to be a debt purchaser of delinquent debts and not a money lender, the claimant seems to contend that they are entitled to monies due under said agreement made between the defendant and the claimant Fredrickson international. The defendant has no knowledge of this company or any indebtedness to them relating to any agreement, the defendant has not entered into any agreement with the claimant and therefore should it be the Claimants contention that they have a claim to monies under an agreement between the defendant and another creditor, the defendant seeks clarification of this fact and proof of legal assignment as required by Law of Property Act 1925

 

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

6. additionally the claimant appears to have split the cause of action insofar that they bring a claim for a part of a debt. the defendant notes that this is unlawful and for authority of this fact cites Section 35 County Courts Act 1984 which sets this out clearly.

 

 

7. Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

8 the defendant seeks permission upon clarification of the claimants case and disclosure of the necessary documents to amend this defence

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed .....................

 

Date

[oxfordalan]

Hi B3rty or anyone who can help. Ive spoken to the court about withdrawing my defence, They have told me its been sent to DCA And tho i can resumit it DCA dont have to except it , They said there is a number of ways this can go now, they can just give up,, send the details i asked for ie details off who and when ect, they have 33 days to do thiis then a barring is placed on the claim they can pay to remove this or cancel the claim. to be honest the court just said i had to wait and see .

 

Sorry i seem to have messed this up .

[B3rty]

Don't worry Carters now know you are defending and odds are they will back off..so just a case of wait and see.

[car2403]

Ok, so you've submitted that defence and now want to amend it?

 

It's for you to decide to do that, not the Court, (although, technically, you need permission - although that's largely an administrative task for them, not requiring much judgment) and it's certainly not for the other side to "accept" your amendment.

 

What you do need to do is re-read the advice given and forumulate your response based on what others have said already.

 

Once you're ready to amend, post again and I can help you with that. Oh, it's likely to cost you £40 for the benefit of amending, so we'd best get it right this time.

 

Usually, any more than a week would seem unreasonable, so if you could sort the paperwork out this week, then that's a better position for you to be in.

 

HTH.

[oxfordalan]

Ok, so you've submitted that defence and now want to amend it?

 

It's for you to decide to do that, not the Court, (although, technically, you need permission - although that's largely an administrative task for them, not requiring much judgment) and it's certainly not for the other side to "accept" your amendment.

 

What you do need to do is re-read the advice given and forumulate your response based on what others have said already.

 

Once you're ready to amend, post again and I can help you with that. Oh, it's likely to cost you £40 for the benefit of amending, so we'd best get it right this time.

 

Usually, any more than a week would seem unreasonable, so if you could sort the paperwork out this week, then that's a better position for you to be in.

 

HTH.

 

 

Hi thanks ,

Was thinking along these lines .

 

1. I, xxxx of xxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxxxx

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3. No documents supporting the claims in the particulars have been offered nor have any dates of agreement or account numbers been stated which the defendant needs to establish what agreement it is that this action is based upon

 

4. The claimant appears to be a debt purchaser of delinquent debts and not a money lender, the claimant seems to contend that they are entitled to monies due under said agreement made between the defendant and the claimant Fredrickson international. The defendant has no knowledge of this company or any indebtedness to them relating to any agreement, the defendant has not entered into any agreement with the claimant and therefore should it be the Claimants contention that they have a claim to monies under an agreement between the defendant and another creditor, the defendant seeks clarification of this fact and proof of legal assignment as required by Law of Property Act 1925

 

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

6. additionally the claimant appears to have split the cause of action insofar that they bring a claim for a part of a debt. the defendant notes that this is unlawful and for authority of this fact cites Section 35 County Courts Act 1984 which sets this out clearly.

 

 

7. Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

8 the defendant seeks permission upon clarification of the claimants case and disclosure of the necessary documents to amend this defence

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

....Today i recieved a letter from the court ..

 

in it it says ..my defence has been sent to the claimant/solicitor..they may contact you to try to resolve this matter..if it cant then they can inform the court to proceed within 28 days, After that period has elapsed the claim will be stayed, then the only action the claimant can then take will be to apply to a judge to lift the stay.

 

 

what is a stay ??.

 

thanks everyone for your advice .Alan

[oxfordalan]

Good Morning all, Just to keep my helpers upto date.... its been a week now and still no reply from DCA fingers crossed .

[oxfordalan]

Hi everyone, May i say a very BIG thank you to all who have help me deal with this case . This morning i recieved a letter from DCA saying the county court clam has now been DISCONTINUED. This is 100% down to you guys thank you so much for your advise .

 

MANY MANY THANKS Alan

[B3rty]

Alan.. that's great news, You need to write to them now and acknowledge their reply and request they remove your data from their system as any would be in breach of principal one of the Data Protection Act plus ask them to remove any adverse information from credit reference agencies who they may have reported information too.

 

Ask them to confirm within 14 days that this has been adhered to and any failure to do so could result in legal action and a report to the Information Commissioners Office ( ICO).

 

Berty