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    • Thanks for your advice. They didn't really reduce her bill when putting her on the rolling contract. She's emailed BT to complain as well about £800 fee. She will have to check where she stands with her mobile contract given she is still paying each month as she still needs to have a mobile phone for emergencies. A lesson on how careful you have to be when changing providers
    • forget CAB you might as well phone bt back as thats about as useless as they'll be.   you can't have a rolling 24mts contract', bt rolling contracts are month to month only, thats an industrywide accepted definition of what rolling means.   what happened here is she earlier changed her 'package' removing skt to reduce costs. as with all providers that invoked = means she entered into a new 24mts contract.   she latterly phone to cancel that contract, and thus bt charged her the cancellation fee/loss of revenue over the raining months of the contract.   the fact that she owes them 'this money' but didn't pay it, then entitled them sadly to cancel the mobile contract, which sadly again they allowed to do.   rock and a hard place if she wants to keep the same mobile number.   Or as long as her phone is not imie blocked by bt (in otherwords she purchased from BT under the mobile contract) but simply locked to BT (which is easily gotten around for a small fee at many shops/market stalls or if someone is tech savvy follow the guides on youtube to unlock the phone for an even smaller fee. and wack a new sim in it.   as for the £800 bill simply ignore them. they'll sell the debt on  and if anyone like Lowells or anyother powerless DCA debt buyer wants to do court, it's easily defended we've not lost one case like that here.        
    • The 1st 2 calls were the normal scam calls. get a truecall box   the PDC stuff you ignore their letter States our client three whom if you wanted too you deal with directly.   Until/unless whenever it gets sold on too and they eventually send a letter of claim you maintain radio silence    
    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
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Court Papers From Bryan Carter


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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.

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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... 

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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.

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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... 

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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

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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.

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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

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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

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  • 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.

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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... 

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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

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" 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:

 

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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.

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  • 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.

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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

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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:

 

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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... 

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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.

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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:

 

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