Carter no longer collecting Consent order payments - now Wescott phishing letter - help

[mau_juaquez]

Dear all,

 

I have just recieved a claim from Northampton County Court from Bryan Carter solicitors. The claimant is Pheonix Recoveries.

 

It is relating to a £9k loan which I took out from Lloyds TSB.

 

I had an arrangement to pay Bryan Carter 100 pounds per month but due to financial issues I couldnt keep up with the payments.

 

1 Day after recieving the claim form I recieved a letter from Bryan Carter saying that they have now issued litigation proceedings.

 

I havent contacted Bryan Carter yet or filled anything in on the claim form.

 

I am just looking for some advice as I dont want a CCj going on my file!

Is there anything I can do to prevent the case going to court?

 

ANy advice would be greatly appreciated.

 

Thanks

 

Matt

[ScabHunter]

In the first place, well done for posting here nice and early. You would be amazed at how many people don't.

 

If you have access to a scanner, can you please upload the claim form so we can see the Particulars of Claim, making very sure that you cover up anything which can identify you personally?

 

SH

[mau_juaquez]

Hi thanks for the quick response!

 

My scanner is playing up so I will add the details here:

 

Particulars of the claim:

 

The claimants claim is for the balance due under an agreement which is now all due and payable

 

The defendent agreed to pay monthly instalments under account number XXXXXXXXXX but has failed to do so

 

And the claimant claims the sum of £8806.36

 

The claimant also claims interest thereon pursuant to S.69 County court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £704.51

 

 

Amount claimed: 9510.87

Court fee: 190.00

Solicitors costs: 100.00

Total amount: 9800.87

[KER]

Claiming the whole amount?

 

There's a first for Mr Carter!

[mau_juaquez]

I had a captial one debt passed on to Mr Carter. He only claimed part of the debt via the courts! Glad I have paid that debt off now though! Still got a few years for the ccj to dissappear off my record though!

[mau_juaquez]

Managed to scan the claim form.

 

http://www8.picfront.org/picture/2BUJL5zP7B/img/claim-form.jpg

 

That should do it!

 

Thanks again

[ScabHunter]

That is a shame. For once, Carter is not splitting his claim.

 

Firstly, if this is a loan, there should be an agreement. Have you at any time requested a true copy of the agreement by making a CCA request? If not, I would do that now. The agreement is covered under the CPR requests I will cover in a minute, but I would still make this separate request. This is a direct request made to Phoenix, so it cuts out Carter altogether.

 

Then you will need to request information under the Civil Procedure Rules. Under CPR 31.14, you are entitled to an exact copy of any document mentioned in the Particulars of Claim. In this case, that is just the agreement.

 

CPR 18 is far more wide ranging. It does cover the agreement, but also other evidence as well. Even though CPR 18 covers the agreement, I would still make the CPR 31.14 request, as it relates specifically to the one most important document in this case, and they will have to supply the document or blatantly ignore the request.

 

I will post the letters next.

 

SH

[ScabHunter]

Here is the CCA request letter. Send this to Phoenix Recoveries, NOT to Carter, as this does not specifically relate to this court claim. Send it Special Delivery, with a £1 postal order. No cheques, and do not sign the letter.

 

Your street

 

District

County

Postcode

 

DATE

 

 

The Bank

Street

District

County

Postcode

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY NOR ANY COMPANY YOU PURPORT TO REPRESENT

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxxxxxxxxxxxxxxxxxxxxxxx

 

With reference to the above agreement, I require that you provide me a true copy of the credit agreement

 

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it” For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed together with a copy of current terms and conditions and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement of account as laid out also within Section 78(1).if there weren’t any terms and conditions then please confirm this in your response

 

I am entitled to receive the information on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act 1974. Please note that these funds are not to be used for any other purpose.

 

I note that section 172 outlines that statements by creditors are binding where made under inter alia section 78(1) and I take this to be that any reply made in response to this request is binding upon you. Therefore you should ensure that all documents requested are supplied. Any missing documents will be considered not part of the agreement and could therefore affect the enforceability of anything you send.

 

I understand that Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 (SI 1983/1569) at regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt.

 

Should you fail to comply with my request as outlined above, I shall consider the account in dispute. I am aware that where a creditor fails to supply the requested information the creditors rights to enforcement are restricted until such time as they comply. I am also aware that there are certain terms that are required to be within the “Agreement” and should these terms be mis-stated or not present the agreement can be rendered unenforceable in law.

 

Notwithstanding the above, I note that the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) at Regulation 3 allows the Signature box and signature to be omitted in a copy document but the copy document must contain all the terms off the agreement contained within the signed executed original document.

 

I respectfully request that you provide a copy of the original agreement signed by myself that you hold on file and while I accept that you can omit the signature box for the purposes of compliance with my request, you will be aware that any challenge to the agreement in court would require the signed copy of the original agreement. If you still reject this, please provide clarification on the status of the Original Credit Agreement and confirm either that you hold the original signed agreement on file or a copy of it on microfiche or that you no longer hold the file.

 

Also please provide details of who I may address a subject access request to under the Data Protection Act 1998 section 7 so that I may obtain a copy of the original agreement should you fail to forward a copy in respect of this request.

 

Therefore I look forward to receiving this information within the time frames as indicated above.

 

Yours faithfully

 

XXXXXXXXXXXX

 

SH

[ScabHunter]

This is the CPR 31.14 letter, adjusted to your circumstances. This needs to go to Carter as that is the address given for all letters to be sent to which relate to this case. Send Special Delivery and do not sign -

 

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.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

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 the document mentioned in your Particulars of Claim:

 

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 should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

You should ensure compliance with your CPR 31 duties and ensure that the document 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,

 

xxxxxxxxxxxxxx

 

 

 

SH

[mau_juaquez]

Many thanks ScabHunter. CCA request will go in the post ASAP. In terms of defending/ admiting the claim what should I do as time is running out fast!

 

Thanks again your help is greatly appreciated!

 

Matt

[ScabHunter]

File Acknowledgment of Service saying that you will defend the whole claim.

 

The CPR 18 letter is to follow.

 

SH

[ScabHunter]

CPR 18 Letter. This one demands far more information, but is rarely complied with. If it isn't complied with, there are ways to chase it later.

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear Sir,

 

REQUEST FOR INFORMATION CPR 18

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours Faithfully,

 

XXXX (type, don't sign)

 

 

SH

[mau_juaquez]

Thanks again ScabHunter. These letters shall be sent off ASAP. One thing i'm still not sure about is when do I start to arrange to pay back the debt?

[ScabHunter]

One thing i'm still not sure about is when do I start to arrange to pay back the debt?

 

If and when they win the bloody court claim!

 

SH

[mau_juaquez]

So I will get these letters sent off. I take it if they fail to provide what I ask for they have no case to claim is that the principle. SOrry for sounding a little bit dumb but what am I trying to prove here?

 

Thanks again

 

Matt

[postggj]

i believe what scabhunter is doing is to see if brian carter has the legal right to issue a claim to begin with

does he have the relevent docs

[mau_juaquez]

I have acknowledged service and defended the whole claim. Letters will be sent off at lunch time. Watch this space and I will post what replies I get from Mr Carter.

 

ScabHunter - many thanks for all your help to get me this far! Without your guidance I would probably just have ignored it.

 

I hope I get a good outcome! Looks like many people have had some success against him! I am praying his luck hasnt changed!

 

Xmas eve is the last day for me to file a defence, see if he gets back to me in time!

[vikki75]

I am having fun with him too, looks like he is going to be getting alot of letters lol

[mau_juaquez]

Letters have gone. Do I just play the waiting game now, or should I start preparing a defence?

 

Thanks

[jadzia.dax1]

I wouldn't hold your breath while waiting for Mr Carter to send you information, he started a case against me in Sept...

 

because I had no knowledge of what alleged debt he was refering to I sent a CPR part 18 request which he has so far ignored and we are now at the AQ stage

 

they had to be in 14 days ago mine was in on time, but Mr Carter has so far not sent his in.

 

He seems to run a mile when cases are defended or when requests are made for further information.

 

I'm sure things will go well for you.

[palomino]

Thanks again ScabHunter. These letters shall be sent off ASAP. One thing i'm still not sure about is when do I start to arrange to pay back the debt?

 

 

Err, what debt???

[mau_juaquez]

Mr Carter has recieved mr CPR31.14 and CPR18 letters. I wonder what I will get back from him. In one way i'm kind of excited but in another i'm very nervous. Just praying his paperwork isnt up to date otherwise I may not have a leg to stand on

 

Watch this space, I will post details of any replies I get.

[ODC]

As you are contesting the claim Bryan will bottle out.

[creditcardmug]

As you are contesting the claim Bryan will bottle out.

 

Should we take bets on how long it will take for carter to capitulate:D

 

The POC is hopeless, probably written by some office junior:roll:

[mau_juaquez]

Should we take bets on how long it will take for carter to capitulate:D

 

The POC is hopeless, probably written by some office junior:roll:

 

 

Sorry what is a POC?

 

And yes i'm contesting the whole claim. I just hope he bottles out on my case too! I dont usually have that sort of luck though!!

 

Although that was prior to using this site!!! CAG rules!