Court Papers From Bryan Carter

[Jasper1965 962]

But the claimant has remained constant (phoenix) it's only the claimants rep that has changed (allegedly)

 

Since you have already filed your defence they can't pull the old trick of telling you they're dicontinuing and then going for a default judgment when you fail to file a defence.

 

As things stand I'd say you are in a strong position. You have the initial defence and if it does go to trial you now have a letter from the claimants reps advising you they have discontinued and another letter proving that they've passed the account over for debt collection acticity to be pursued by yet another DCA whilst the litigation is ongoing.

IMO you now need do nothing but wait for either an aq or hearing date or a formal notice of discontinuance from the court.

I suggest you object to any discontinuance on the grounds that it's in the interest of justice that this vexatious claim be heard and on the grounds that you have continued to be harrassed for the alleged debt whilst this litigation is ongoing by a third party company engaged by the same claimant.

 

I reckon if you play this correctly you could have grounds for a decent claim against Bryan carter.

I wouldn't bother pointing out the issue to Gothia (red castle Recoveries) at this stage I'd just leave them in that rather large hole they're digging for themselves.

 

You might like to use some of your spare time raising a complaint against Bryan Carters with the OFT, the ICO and the SRA.

 

And I would also advise you copy in the Ministry of Justice to any complaint as they need to be made aware of the systemic abuse of court process employed by some of the better know names in the industry.

[Ford 2,335]

But the claimant has remained constant (phoenix) it's only the claimants rep that has changed (allegedly)

 

.

 

oh ok (had thought there would be new claimant as lesh said it had been sold!) so, there is no assignment (sale) but rather just a change of rep? continue as is then?

Edited June 14, 2011 by Ford
typo

[Ford 2,335]

first post says claimant is phoenix luxembourg and later post says claimant is now phoenix uk? does that make any difference?

Edited June 14, 2011 by Ford
typo

[Jasper1965 962]

The claimant is Phoenix Recoveries (UK) Limited SARL which despite the rather somewhat confusing (some might say deliberately confusing) moniker is a Luxembourg registered entity not a UK Ltd company.

 

it's a bit like HFO Capital Ltd. there's an HFO Capital Ltd registered in the Cayman Islands and another HFO Capital Ltd registered in Eire but there's no HFO Capital Ltd registered at companies house. This is such a confusing arrangement that the good people at HFO Serviceswhich is the UK company which services the debts purchased by HFO Capital Ltd. often get confused over who actually does own the debt when they're litigating....

[Ford 2,335]

ok. so, continue as is/was then?

Edited June 13, 2011 by Ford
typo

[Jasper1965 962]

Well if it was me I'd write to the court manager seeking clarification.

 

I'd put on my most innocent sounding writing voice, enclose a copy of BC's letter of discontinuation and ask the court manager why they have failed to file the discontinuation as not only have the claimants discontinued the claim as predicted they have passed or sold the account on to somebody else whilst this case has been ongoing so it must definitely have been discontinued and now instead of being harrassed and threatened with litigation by Bryan Carter you're now being harrassed and threatened with litigation by red Castle for these purchases you know nothing about.

 

Of course as an LIP you aren't to know what sort of tricks these people play so if this letter inadvertantly causes BC some legal embarrassment it would just be a perfectly innocent accident and most definitely not an attempt at feathering out any subsequent counterclaim or claim for wasted costs or petty point scoring in anticipation .

[DonkeyB 2,998]

Well if it was me I'd write to the court manager seeking clarification.

 

I'd put on my most innocent sounding writing voice, enclose a copy of BC's letter of discontinuation and ask the court manager why they have failed to file the discontinuation as not only have the claimants discontinued the claim as predicted they have passed or sold the account on to somebody else whilst this case has been ongoing so it must definitely have been discontinued and now instead of being harrassed and threatened with litigation by Bryan Carter you're now being harrassed and threatened with litigation by red Castle for these purchases you know nothing about.

 

Of course as an LIP you aren't to know what sort of tricks these people play so if this letter inadvertantly causes BC some legal embarrassment it would just be a perfectly innocent accident and most definitely not an attempt at feathering out any subsequent counterclaim or claim for wasted costs or petty point scoring in anticipation .

 

Do this, and add a complaint. Ask for your complaint to be put before a judge. A judge would not be happy at such a blatant abuse of process. Carter and Phoenix would be in deep do do. It's clearly not an admin error.

[lesh45 1]

just another update...

 

letter witten to the court to complain but still no reply back nor have i heard anything from the court.

 

BUT.. had two letters from arrow global and guess what same account number that is on going in the court at the moment.

 

but arrow global is now using a company called SRJ.

and they have had a phone call from me saying that this account is still on going in the court.

 

and that this amounts to harrassment,

but they still send letters threatening legal action if the debt is not paid.

 

am i correct in thinking arrow global and pheniox recoveriers are the same company .

 

it would appear they have the same address on their letters.

 

this is doing my head in. on the quiet. stress levels are through the roof.

 

also letters going out to t&s also oft. and financial ombusman.

[DonkeyB 2,998]

No, they are not the same company.