Jump to content


  • Tweets

  • Posts

    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
  • Recommended Topics

  • Our picks

  • Recommended Topics

Court Papers From Bryan Carter


lesh45
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3862 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have received court papers within 48 hours of a DCA from Bryan Carter.

 

The DCA was for a recovery owed to Arrow Global which when questioned by phone on receipt of DCA to Bryan Carter the origin of the debt wasn't revealed.

 

The claimant on the form is Phoenix recoveries of Luxembourg.

 

The particulars of the claim are for price of goods sold and delivered between 19/02/2004 and 17/02/2009.

 

Where do I find out what the debt is for so that I can defend against it.

Link to post
Share on other sites

sounds like ebay linked

 

whats the story.?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Its not up to you to prove a debt exists,

that's a job for the claimant

- in this case his solicitors, our Bryan.

 

To defend the claim you acknowledge service of the papers and state you intend to defend the action.

 

Normally Bryan files his claims via Northampton but defending it will mean it is transferred to a county court local to you.

 

Its fair to say our Bryan doesn't like that much as he will have to pay someone to represent his firm at any hearing.

 

rarely gets to that though because simply defending it usually leads to a discontinuance.

 

Demanding the paperwork as per the normal court process usually leads to the same result.

 

You are always free to slap him with a claim for your costs.

Link to post
Share on other sites

moved to legal forum

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

This should make them discontinue.

 

1)The defendant has no knowledge of entering into any form of purchase agreement with the claimant and is embarrassed by the lack of documentation supporting the claimants averrment that these goods were purchased by and delivered to the defendant. Having no knowledge of any sales/purchase agreement for the goods averred by the claimant under a statement of truth to have been supplied and delivered to the defendant the claimant is unable to either admit or deny anything which is not expressly denied within this defence.

2) The defendant denies ever purchasing goods from the claimant.

3) The defendant denies ever receiving goods from the claimant.

4) The defendant denies ever entering into a purchase, rental or lease agreement in any form with the claimant.

5) The defendant therefore puts the claimant to strict proof of the following:

(i) That the defendant purchased the goods from the claimant including:

(a) A description of the goods claimed to have been purchased.

(b) The cost(s) of the goods claimed to have been purchased

(ii) The date(s) of any such alleged purchases.

(iii) The delivery times of these alleged purchases.

(iv) The delivery addresses of these alleged purchases.

(v) Proof of any and all purchase/sales contracts agreed and executed between the defendant and the claimant.

 

6) Prima facie the claimant knows or ought to know that there is no contract nor was there ever a contract between the defendant and the claimant for the supply of goods as pleaded, therefore the claimants claim is speculative and furthermore amounts to an absolute abuse of the process. Accordingly the defendant avers the claim ought to be struck out as an abuse as the claimant holds no cause of action and therefore the claimants conduct is unreasonable in bringing a claim without foundation.

7)The defendant seeks the claimants claim to be dismissed with an order as to costs thrown away in favour of the defendant.

8)The defendant avers the claimants claim to be speculative at best and expects the claimant to discontinue the claim upon receipt of acknowledgment that the claim has been defended and that therefore a default judgment will not be awarded. In this event the defendant requests that a costs order be made in favour of the defendant without further application if the claimant fails by the point of discontinuance (if any) to satisfy the Court that this claim as pleaded has any lawful merit.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

Link to post
Share on other sites

Thanks all for your posts and I appreciate all the information given but I think I will pay them, NOT!!!!

I have acknowledged service on Monday 23/5 with intention to defend and sent Carter a CPR 31 the same day. Should I wait now for a reply from Carter to enter the defence or just enter now.

Link to post
Share on other sites

I would enter the defence asap. It defeats the fraudulent POC's and affords you the protection of CPR 38.7 which should prevent you being chased for this alleged debt in court again. carter will have two choices once the defence is filed: proceed on a deceptive claim which is 100% unprovable or discontinue and leave themselves liable to your costs, lose/lose for Carter once a defence is filed.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

Link to post
Share on other sites

Well done now I guess you just sit back and wait for them to discontinue.

 

If they do discontinue then CPR38.7 kicks in now you've filed the defence and you should be looking to enter a wasted costs claim against them for your research and preparation time and expenditure incurred in preparing the defence.

 

If they don't discontinue then they have an even bigger problem IMO. those POC's are fraudulent and could be portarayed as a blatant attempt to disenfranchise the defendant of their statutory rights under the CCA1974 which would have been available to you if they had entered the claim in an honest manner more representative of the true facts.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

Link to post
Share on other sites

  • 2 weeks later...

Well I am surprised that so soon after my last posting that I have update on the claim. I have received today a letter from Bryan Carter dated the 1st June that the claim has been discontinued. Thanks everybody for advice and events have happened as scripted.

Link to post
Share on other sites

make SURE the court are aware, he can still be sneaky that way....

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Congratulations, that was quick wasn't it under a week from defence to discontinuaton almost makes you think that they're just looking to make a profit speculating on undefended claims.

 

you may be entitled to costs and we even went so far as to predict what might happen in sec 8 of your defence so it might be worthwhile contacting the court to see whether an order for costs might be made. As an LIp 30 hours researching the law and a completely unfounded claim from a company you've never dealt with or heard of before @ the going rate (£9.25 I think) plus further time for typing up the defence, plus postage costs etc might make these shysters think a little harder before trying it on with the next vexatious claim.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

Link to post
Share on other sites

" make SURE the court are aware, he can still be sneaky that way...." dx100uk

 

How do I make Sure as nothing showing at MCOL so far.

 

you should get official confirmation just now. but in the meantime, could give the court a quick call to confirm. well done btw :)

IMO

:-):rant:

 

Link to post
Share on other sites

No track had been assigned, so the case was trackless. Costs are therefore claimable, IMO.

“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

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

Link to post
Share on other sites

  • 2 weeks later...

well folks ready for this.....

 

Brian Carter took me to court over a debt. brian carter discontinued to me by letter. this is the fun part.i telephoned the court last monday. Brian carter HASNT discontinued to the court. sold the debt to another company call RED Castles recovery. their cliant is now phoenix recoveries. and sent me a letter which i recieved today stating that they want the money in full if payment is not made in 7 days legal action will be taken against me.

Link to post
Share on other sites

1) It was excellent advice to 'phone the court to check, they're well known for pretending to discontinue.

2) When we've all finished ROFL'ing and LOL'ing at BC's crass ineptitude I'm sure you will get the help you need to put these fools to bed once and for all.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

Link to post
Share on other sites

well folks ready for this.....

 

Brian Carter took me to court over a debt. brian carter discontinued to me by letter. this is the fun part.i telephoned the court last monday. Brian carter HASNT discontinued to the court. sold the debt to another company call RED Castles recovery. their cliant is now phoenix recoveries. and sent me a letter which i recieved today stating that they want the money in full if payment is not made in 7 days legal action will be taken against me.

 

 

bc are snakes, and they know it!

was it assigned properly?

so, the claim is still 'live' at mcol?

maybe the 'new' owners were not aware that it is currently subject to a court claim?

if they want to try and continue with the current claim, they would need to apply to be substituted as the 'new' claimant. and, the courts permission would be required. see civil procedure rules part 19 and practice direction 19a.

imo

Edited by Ford
typo

IMO

:-):rant:

 

Link to post
Share on other sites

good call dx.......!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

The letter received from Resolution Legal services stated that they are acting on behalf of Pheonix Recoveries (uk) Limited S.A.R.L the named claimant on the County Court papers through their agent Red Castle Recoveries.

Link to post
Share on other sites

as above, they would have to have applied to be substituted? maybe give the court a quick call to see if that is the case?

was it assigned properly?

imo

IMO

:-):rant:

 

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...