Received a claim from arrow global at Northampton CC really dont know where to go

[phaitun]

there is an abvious trend with carter and co, poor poc, no docs, non compliance to cca request, non compliance with cpr 31 and 18, then a feeble scare tactic.

i am just hoping that true to their apparent lack of respect for the law they will discontinue, however would also look forward to my day in court to show the judge what a bunch of rogues this outfit really are

[phaitun]

I sent a letter to Carters today thanking them for their letter and refusing their WP offer of settlement out of Court at this stage until i have seen the docs i requested via CPR 3114 and CPR 18.

 

I made it clear that this was the third FORMAL request for these docs.

 

Also thanked them for the use of their stamped addressed envelope as i wished to 'reduce costs' between both parties - Wonder how they will react

 

Had a similar WP letter today for the smaller debt, will do the same with that one also.

 

Anybody else had experience of Carters 'Without prejudice' letters?

Edited March 9, 2012 by phaitun

[phaitun]

Had another letter the same 'without Prejudice' letter for the smaller debt yesterday.

 

Will treat it the same as the 1st one, and send my reply in Carter's SAE

 

Anybody else expererienced this Without Prejudice rubbish from Carter and Co?

[gezwee]

I think BC tries for a consent in most cases.

 

Really not sure what they hope to achieve, there's certainly no benefit to the defendant and in all probability they'll be allocated to sct with limited [if any] costs. It would be a dfferent matter if the claims had merit and they tabled an offer of say 50% with terms over a few years.

 

Gez

[phaitun]

Still no reply from BC reference these!

 

I hopefully can get some docs back as i am sure these are mostly made up of unfair charges they continued with after i asked them to stop, even when i went through a Debt management company the interest and charges never stopped.

 

Back then i was gullible and would pay anything when they threatened court etc.

 

Hopefully get somewhere next week:jaw:

[gezwee]

He's got a couple of weeks to make a decision yet, if not the case is stayed ........ unless he discontinues.

 

If he then applies to lift the stay in the future your position remains the same, if he applies for s/j...... your position remains the same.... whatever he does you invoke your rights to disclosure of docs at the crux of the case.

 

Gez

[phaitun]

Yesterday received 2 letters from Carters

 

1. Relates to smaller debt, stating they never recieved CPR 31/CPR 18 i sent it to Arrow Global, would/should they have passed it to Carter? Anyway Carter wants a copy sent through the post, should i re-send it or should i write a letter stating it was sent to Arrow Global and signed for by their representative?

 

2. in relation to the larger debt, they 'note the contents of my letter refusing the Consent Order and 3rd formal request of disclosure/docs', and have reffered the matter back to their client'

However they write 'that they reiterate the contents of their last letter' (stating they would apply to get my defence 'set aside' if i didnt agree to their without prejudice consent order)

 

What game do these people play?

[phaitun]

Thanks Gezwee

[gezwee]

Yesterday received 2 letters from Carters

 

1. Relates to smaller debt, stating they never recieved CPR 31/CPR 18 i sent it to Arrow Global, would/should they have passed it to Carter? Anyway Carter wants a copy sent through the post, should i re-send it or should i write a letter stating it was sent to Arrow Global and signed for by their representative?

 

Should have gone to BC..... you'd think good conduct would suggest AG would forward it to their counsel...... send him a copy and remind him to get on with it

2. in relation to the larger debt, they 'note the contents of my letter refusing the Consent Order and 3rd formal request of disclosure/docs', and have reffered the matter back to their client'

However they write 'that they reiterate the contents of their last letter' (stating they would apply to get my defence 'set aside' if i didnt agree to their without prejudice consent order)

 

Oh yeah, is that like saying referred the matter to their client to find out if they can support their case....... I think they probably mean struck out - on the basis of what exactly?

 

What game do these people play?

 

Typical games, just have to roll with it for now

 

Gez

[phaitun]

Yes they did say they would apply to have my defence 'struck out' - no basis only in realtion to their Consent Order they just wrote- 'if we do not hear from you then we will apply to Court to strike out your defence at hearing, which if succesful will result in further costs being payable by you (me)'

 

I guess its another threat-o-gram

[gezwee]

Yes they did say they would apply to have my defence 'struck out' - no basis only in realtion to their Consent Order they just wrote- 'if we do not hear from you then we will apply to Court to strike out your defence at hearing, which if succesful will result in further costs being payable by you (me)'

 

That's the courts decision not theirs, tbh its all p*** and wind, they failed to particularise their pleading, failed to disclose any data in support of their case, declined to supply data pursuant to parts 18 & 31....... Let them get on with it for now, if they apply for s/j they've still got the same hoops to jump through.

 

I guess its another threat-o-gram

 

Gez

[42man]

Phaitun, if they have not complied with your CPR31.14 then I believe the proper way is to submit an (N244) ? requesting a strikeout.....I will see if I can find some links

[42man]

http://www.consumeractiongroup.co.uk/forum/showthread.php?134001

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?179597#post1937068

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?136843

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?160830

[phaitun]

Had three letters today, one was from Arrow requesting i send them some further identification docs to confirm my address etc and that they cant provide the agreement unless i supply them this under the DPA, even though they previously sent me my £1 PO back, i am annoyed as i did state on my original CCA request to them that they should send it to my home address as recorded as this is where they normally send their junk correspondence

Also as Carter and Co have filed a claim at Court on their behalf ,which i have acknowledged, defended and also corresponded with Cartrer (Arrows legal rep) over disclosure and other issues then surely this should be enoughof a clue as to my identity? I will write to them and politely point this out.

 

There was another letter from Carter stating that he had now received the CPR 18 regarding the smaller debt from Arrow (i sent it to them in error) stating that the debt realtes to a Bank Of Scotland A/C which was assigned to the claimant on or around the 16th November 2011 and that the documents that i refer to in my CPR 18 request were already supplied to me and the reproduction of the same does not warrant a CPR request further states that reasonable disclosure will be supplied in due course.

No acknowledgement of the CPR 31.14 request that i sent to him though.

 

I guess this is his idea of a defence around the statutory obligations regarding CPR requirements on disclosure? Nontheless i will wait for the docs to 'appear' (or not) at AQ, then go from there.

I think they are still trying to mug me off

 

Also received an acknowledgement and thank you letter for my SAR from Halifax, stating they have recived my £10 and are processing my request. And a copy of the information that i am ENTITLED to recieve will be supplied asap and will be within the 40 days. They also state that HBOS is not obliged to supply records held in paper format if they do not form part of a filing system.

 

In my experience and to the best of my knowledge they have to supply me with ALL of the data held on me, including paper records and i am in fact ENTITLED to all of this data if i request it and pay the appropriate fee. I think this is another feeble attempt to mug me off.

 

In any case its down to Carter and Co now to provide details of all documents under the disclosure rules of RETAIN, REVIEW and REVEAL any documents upon which he bases his case. As best as i have researched there is little difference between civil disclosure and that of CPIA. Any documents have to revealed in the interest of justice.

 

I am annoyed that HBOS/HALIFAX try this on, the DPA says i have to be given everythingregarding my personal data, its a little different trying to get hold of 'sensitive intelligence or inforamtion' from Govmt agencies as those are often classed as confidential and have to face the test of Public Interest Immunity.

Also had a leaflet outlining a complaints procedure and a whole load of other stuff relating to their Privacy Statement (7 pages).

 

An interesting evening tonight

[phaitun]

Mrs Phaitun in her great wisdom has also today found some letters relating to old debts etc.

 

Originally the larger HALIFAX debt was managed by a DMC and was being collected by Blair Oliver Scott

I stopped paying the DMC/Blair Oliver Scott as EX mrs P and myself were having problems and split up, i wasnt happy that the debt was not reducing etc, and so they chased me for a while whereby i came to a telpehone agreement in 2006 and btween 2006 and 2007 some payments were made so i guess not SB'ed.

 

The demands for increased payments, number of phone calls, calls at work etc became unreasonable so i can remember offering the DCA collecting at the time a £1 a week payment which the DCA at the time refused so i said ok see you in Court this was around Autumn 2007.

 

I had moved house twice between 2006 and 2008, staying in rented accomodation as an agreement i had with the gracious Ex Mrs P was that she kept the house for our 2 kids future and lived in the luxury whilst leaving my future pension alone.

 

So i was chased and traced to my current address and received loads of letters which i probabaly binned, phone calls that i ignored and threat o grams etc- usual stuff although it seems i kept some documents and actually sent a CCA request to WESCOT regarding the alleged debt in 2009. WESCOTS reply was to return my quid and 'reffered back to their client'

 

It seems this has gone from Halifax through the hands of at least 5 different (?) DCA's until Carter decided he was going to try and scare me into a default judgement.

 

No wonder i couldnt recall who allegedly owned this debt.

 

Will be drafting a full defence statment next week, pending any trial, TBH i am actually now looking forward to a day out in Court ;-)

 

I will also be claiming back charges via MCOL once the SAR returns from Halifax.

Edited March 23, 2012 by phaitun

[phaitun]

How long before i recieve an AQ?

 

Also if BC withdraws, now that i have sent defence can i actually claim wasted costs? and then also claim back unfair charges (over 6 years) from HALIFAX and BOS.

 

I bought the small claims book from the site and it is a very useful tool

[gezwee]

How long before i recieve an AQ?

 

Could be anything up to a month after last service date of defence..... depends how busy the court is, may be 5 or 6 weeks down the line. If BC decides he doesn't want to continue it'll be never.

Also if BC withdraws, now that i have sent defence can i actually claim wasted costs? and then also claim back unfair charges (over 6 years) from HALIFAX and BOS.

 

If he discontinues you can go after him for costs

I bought the small claims book from the site and it is a very useful tool

 

Hope the above helps

 

Gez

[phaitun]

Today 2 x letters from Bryan Carter for each of his 2 claims

 

Dear Phaitun,

 

We refer to recent communication.

 

Please note we are no longer instructed in connection with this matter and have returned the account to our client.

Yours sincerely

 

Bryan Carter

 

Has he quit? If so what happens to his claim?

 

What happens now, do i get a notification from the Court?

 

Do i hve to wait for Arrow to discontinue the Court Claim?

 

This has cheesed me off more than ever! How can he start a claim with no documents to back it up and then quit when the going gets a little bit tough, i.e me asking for sight of the documents?

 

Seems like a huge case of FRAUD to me!

 

Never mind complaints to FSA/OFT/SRA/LAW SOCIETY/FOS which will be happening.

 

I will also check with some CPS lawyers that i know, write a statement and take some advice, if the points can be proved make a Police Complaint of Fraud/Attempt Fraud.

 

Get Carter lol

[AndyOrch]

Check with Arrow and ask the status of the claim now goony as thrown the towel in.Will they be apponting other representation or will they discontinue.

BC only does default judgments

 

Regards

 

Andy

[asokn]

What is the fraud? The solicitor was instructed and now isn't so the creditor is acting in person. I have no idea what you'd complain to the SRA or police about.

 

I have only skimmed your thread so if the fraud is a matter which was already present in your case prior to your last post then disregard my comments.

[phaitun]

Carter presented a case to the court after threatening me with court action over money i alledgedly owe, without ANY legal basis to do so, other than the say so of another bunch of rogues Arrow.

 

Seems like at least attempted Fraud by false representation. He was not in receipt of any docs to substantiate, or even prove he has a right to make his claim, yet still tried to bully/threaten me and then ABUSED the Court system to try and get his own way. When he was faced with a challenge, ran away like the school bully who gets smacked by the one of those he tried to bully.

[phaitun]

Fraud by false representation (Section 2)

 

The defendant:

• made a false representation
  
• dishonestly
  
• knowing that the representation was or might be untrue or misleading
  
• with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss.
  

The offence is entirely focused on the conduct of the defendant.

[gezwee]

Carter presented a case to the court after threatening me with court action over money i alledgedly owe, without ANY legal basis to do so, other than the say so of another bunch of rogues Arrow.

 

Seems like at least attempted Fraud by false representation. He was not in receipt of any docs to substantiate, or even prove he has a right to make his claim, yet still tried to bully/threaten me and then ABUSED the Court system to try and get his own way. When he was faced with a challenge, ran away like the school bully who gets smacked by the one of those he tried to bully.

 

Happens every day in every court in the land, don't take it personally....... use the rules against him whenever the opportunity arises.

 

Gez

[phaitun]

Fraud by failing to disclose information (Section 3)

 

The defendant:

• failed to disclose information to another person
  
• when he was under a legal duty to disclose that information
  
• dishonestly intending, by that failure, to make a gain or cause a loss.
  

Like Section 2 (and Section 4) this offence is entirely offender focussed. It is complete as soon as the Defendant fails to disclose information provided he was under a legal duty to do so, and that it was done with the necessary dishonest intent. It differs from the deception offences in that it is immaterial whether or not any one is deceived or any property actually gained or lost.

[dx100uk]

sadly this is how 90% of carters income is gained

 

if you dont defend they get judgement by default

 

dx