Please help me RE- phoenix/bryan carter county court claim pack

[kirsty2012]

My head is hurting trying to figure all this out!

 

I got into debt some years back, my partner lost his job due to disability and everything spiralled...anyway long story short bryan carter has been sending me letters which i stupidly ignored and now i have received a county court claim pack. they are claiming that it was between 2003 and late 2008 which is untrue as i know payments stopped around 2006 at the latest if not before.

 

what is my best course of action now. if i let it just run to court and not defend it how much im i looking at paying....they are claiming £1348

 

if i was to defend it how do i got about that?

 

I have no problem paying instalments...it's just the underhand nature of these people.....we aren't well off partner is still classed as disabled due the loss of his leg but he does work now and i have 4 children one of which is disabled also and going through genetic testing so this is the last thing i need really.

 

I have to rush out now but thankyou in advance for any help and advice you can offer me.

 

thanks, kirsty

[cerberusalert]

Can you post up the POC after removing personal details?

[Guest wino]

What was the debt for and what company?

Try and find out when you last made payment.

As cerberusalert say's post up the POC

[kirsty2012]

Hi there, it doesn't state what company it's for....but it's either littlewoods or kays.

 

it basically says

 

claimant

PHOENIX RECOVERIES

(UK) LTD S.A.R.L

25 B BOULEVARD ROYAL

L-2449

LUXEMBOURG

in the NORTHAMPTON (CCBC )

COUNTY COURT

claim no 0Q***358

issue date 01 oct 2010

address for sending documents and payments

BRYAN CARTER

BLAH BLAH

 

 

defendant

Ms ****** ********

*** ******* *******

 

particulars of claim

 

THE CLAIMANT'S CLAIM IS FOR THE PRICE OF GOODS SOLD AND DELIVERED

BY THE CLAIMANT TO THE DEFENDANT

 

PARTICULARS

 

CLAIMANT'S A/C NO

TO GOODS SOLD BETWEEN 0xxx AND 0yyyy

AND THE CLAIMANT CLAIMS £xxxx

 

THE CLAIMANT ALSO CLAIMS INTEREST THEREON PURSUIT TO S.69 COUNTY COURT ACT 1984

LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8% PER ANNUM AMOUNTED TO 89.18

 

 

 

 

 

 

 

is that everything you need to see? sorry not used to all this

Edited October 6, 2010 by cerberusalert

[cerberusalert]

THE CLAIMANT'S CLAIM IS FOR THE PRICE OF GOODS SOLD AND DELIVERED

BY THE CLAIMANT TO THE DEFENDANT

claimant

PHOENIX RECOVERIES

 

 

The guys are going to love this one.

[DonkeyB]

Aalmost certainly nearly SB, and almost certainly without paperwork. The minute you send Carter a CPR 31 request, he will bottle it and disappear. Do you know when you last made any payment to the account? Carter tries to be clever putting 2008 in the PoC, but he knows damn well it’s older!

[cerberusalert]

What goods did Phoenix Recoveries sell & deliver to you? Have they diversified into the catalogue business now?

[kirsty2012]

I can't remember when i stopped payments

 

i've looked back over my bank and i was paying thames credit 10 pound a month in 2008 but i'm sure that was a smaller debt and if it got passed from thames i was never told this.

 

do you have a link for where i can get an idea for what a CPR 31 is and what i should write.

 

so should i defend it then and who would i send the CPR 31 to Carter or courts.

 

sorry total noob at all this lol

[harrassed senior]

7 Request For Information Under Civil Procedure Rules

 

You will need to amend certain parts to match up with your details.

 

You will see that this is a request for the documents etc. that they will use to support their claim.

 

You will most probably get a response saying he does not think that they are necessary!!

[cerberusalert]

Send Carter this recorded delivery;

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

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:

 

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 the assignment

 

3 the default notice

 

4 the termination notice

 

 

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 document's 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 faithfully

Print name do not sign

[Bazooka Boo]

PHEONIX BLOODY RECOVERIES!!!!!!!!!!!!!!!

[kirsty2012]

Thankyou for that!! so do i not have to inform the court yet or do i ask for the 28 days to prepare my defence yet?

[cerberusalert]

You still respond to the court stating that you defend all & want it transferring to your local court to be heard.

[kirsty2012]

oh ok....does that mean i have to attend also then?

[cerberusalert]

does that mean i have to attend also then?

Worry about that if & when. Carter has quite a reputation... he much prefers to use Northampton Bulk Centre & to win a case by default...

[kirsty2012]

ok thank you for all your help, i'll update later

[kirsty2012]

Sorry one last thing, what should i write in the box on the claim form for my defence....thanks

[Jasper1965]

Sorry one last thing, what should i write in the box on the claim form for my defence....thanks

 

Nothing for now, you'll get plenty of help with that when it's neccesary though. In the meantime you must acknowledge the claim , you can do this online and this gives you a further 14 days to file a defence.

I guess you'll be looking at an embarrassed defence tbh. The particulars of claim are pathetic (per usual), guess the big question is "Have you ever purchased goods from a company called Phoenix Recoveries"?

If you haven't then it would appear the claim as it stands is doomed to fail. That apart the rest is just so vague they don't really have a hope so long as you defend the claim.

[The Mould]

Excellent advise so far, acknowledge the claim (AOS) asap, stating you do not accept the claim.

 

Send the CPR 31.14/31.15 request for disclosure by registered post to the claimant's Solicitors, they have 7 days to comply.

 

Use your search engine and type in Ministry of Justice, go on to their web site and print off the Civil Procedure Rules relevant, you know, the CPR's mentioned so far.

 

Bryan Carter you ought to be ashamed of yourselves, if you were human you would be, very dirty tactics, seems to be a regular event for them now.

 

Kind Regards

 

The Mould

[2Grumpy]

The claim says

 

particulars of claim

 

 

THE CLAIMANT'S CLAIM IS FOR THE PRICE OF GOODS SOLD AND DELIVERED

BY THE CLAIMANT TO THE DEFENDANT

 

So should the CPR 31 include a reference to orders and invoices as well?

[Bazooka Boo]

Bryan Carter you ought to be ashamed of yourselves, if you were human you would be, very dirty tactics, seems to be a regular event for them now.

 

He isn't, he never is, and he never will be, he is an embarassment to the profession, hence why anyone who has any dealings with the excuse of a man MUST complain to the relevant authority and get him disbarred.

http://www.sra.org.uk/contact-us/

Or you could try the DAY old Legal Ombudsman!

http://www.legalombudsman.org.uk/

[jagger66]

Hi I have just received EXACTLY the same court claim this morning the cheeky sods! I will be sending BC a cpr asap.

 

Did you get a reply back off them?

 

Thanks

[Bazooka Boo]

Just ensure you reply to the court and ensure that you tell them you intend on defending the claim fully.

[jagger66]

Hi thanks Bazooka I have just done my CPR 31.14 letter to send off tommorrow, I wouldn't mind but I don't even know what debt it is!

[Bazooka Boo]

OK, have you asked him/they to prove it? http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

Surely this is not the first missive you have received about a spurious debt? IF so, then your defence is pretty much solid, you have no knowledge, have never had any such credit agreement, and will gladly take his and their damages in compensation for it, thank you!