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

[KER]

Oh My Goodness!!

 

So he is sending a letter saying "we won't give you the info you want for a defence"

 

 

and then saying

 

"oh, by the way, we'll give you 14 days notice after you haven't put your defence in because we won't give you the information before we just enter judgment anyway"

 

This man should be hauled before every regulatory body going!

[ODC]

The amazing thing about this shyster is that he appears stupid enough to commit his version of the law to paper. Bit hard for him to deny it all afterwards.

[mau_juaquez]

I will wait until my case is resolved and then I will take any necessary action, report him to the Solicitors Police etc..

 

Just out of curiosity say I win my case and then I owe them no money am I likely to hear from another DCA regarding the alleged debt? If so do I just send them a copy of whatever the court say?

 

The court should have recieved my defense today, how long does it usually take to get a resolution and is it likely that I will have to appear in court?

 

Many thanks again.

 

incase I dont get on between now and then Merry Christmas to you all and have a damn good new year!

[ScabHunter]

Before you do take a holiday from this just be sure to check the Royal Mail website to be sure the defence has been delivered. Once you have done that, enjoy your Christmas and don't worry about it.

 

You have played by the book, Carter has not. You have done everything you need to do, Carter has not been able to produce any documents.

 

If Carter wants to continue, it will cost him more money to file his AQ, but you as defendant won't be charged. The irritating part will be if the courts lick Carter's boots and give him an eternity to file his AQ, as they are doing in another case at the moment.

 

You may have to appear in court, it all depends on how much money Carter is prepared to gamble. He does have quite a history of bottling out when people stand up to him.

 

Worry about other DCAs much later. They will be easy enough to see off if no paperwork turns up here. Remember, at the moment they have not only failed to comply with the Civil Procedure Rules, they are also in default of your CCA request, and that alone will allow you to get rid of any future DCAs with just a "bemused" letter.

 

SH

[creditcardmug]

The court will allow carter 33 days to decide whether or not to continue, so just sit back and wait...Merry Christmas:)

[mau_juaquez]

Hi again people,

 

I have an update to the case. I have just recieved Allocation Questionairre paperwork through the post. I am looking for some advice on filling this in if possible please. Should I try and negotiate with Carter like it mentions?

 

I have till 9th of Feb to get this to my local court.

 

Thanks again good people.

[Craftygirl42]

I was just wondering as I have just sent my AQ in today, but have a question.

 

Someone says on here that it costs for the claimant to send theirs in. Would they have to pay before the court sends one out to the defendant or do they send theirs in after we have kindly sent them a copy of ours and it gives them time to decide if they can comply with our draft directions.

[creditcardmug]

I was just wondering as I have just sent my AQ in today, but have a question.

 

Someone says on here that it costs for the claimant to send theirs in. Would they have to pay before the court sends one out to the defendant or do they send theirs in after we have kindly sent them a copy of ours and it gives them time to decide if they can comply with our draft directions.

 

No, they have to pay when they file theirs, i don't recommend sending a copy to the other side anymore...they wont send you a copy of theirs.

[creditcardmug]

mau, bump this thread over the weekend for help with the AQ

[mau_juaquez]

Will do, thanks creditcardmug.

 

Everyones help so far has been much appreciated!

[bazaar]

Hi Mau

You cant negotiate with BC , They havent supplied you with anything to enable any negotiations.

Your CPR still stands, you should remind them of that

fact, keep a copy for your court bundle to show you are trying to obtain paperwork

[mau_juaquez]

Has anyone lost a case against Carter when he has claimed the full amount? If Carter wins we I still have chance to negotiate outside of the courtroom to avoid ccj?

[creditcardmug]

You can negotiate right up to the court room doors, but once they have judgement its all over.

 

Saying that, ive never seen a defended case on here that carter has won.

 

And with that pathetic POC, there's little chance of it.

 

You have nothing much to lose by going with the next stage, try not to worry

[BeauBrummie]

Has anyone lost a case against Carter when he has claimed the full amount? If Carter wins we I still have chance to negotiate outside of the courtroom to avoid ccj?

 

Just some moral support for you mau, Carter took me to court almost 12 months ago and bottled out when he realised the error of his ways. I have a pet hate for this bunch of "crellins"--- despicable methods, unscrupilous morals and downright ignorance of debt collection regs. I am one of many through this site have been able to beat this guy down but he keeps coming back.

 

Maybe one day the SRA will take notice but I am not holding my breath.

 

Beau

[ScabHunter]

Carter often bottles out at the AQ stage. That is not to say that he definitely will bottle out in this case, but there is a good statistical chance of it.

 

You have submitted an excellent defence. If you can follow that up with a solid draft order for directions as part of the AQ, then you have every chance of making old Bryan chuck in the towel.

 

Even if that doesn't happen, there is nothing to suggest that Carter has the necessary paperwork to gain judgment in court. I know this is a nervous time for you, and saying "don't worry" is futile, but you have honestly done everything right by the book so far. If you can keep this up all the way through, no matter how long it takes, you have every chance of seeing the clown off.

 

Always the question - if they have the paperwork to hurt you with, why don't they produce it?

 

I'll have another read through the thread, and see if there is anything which needs to be added.

 

SH

[Happyfeet24]

Sub:)

[mau_juaquez]

Thanks people, your help and advice is so much appreciated, I guess its only human nature to fear the worst. I like Scab hunters words of if he has the paperwork why doesnt he produce it! I guess once I submit my AQ I could be in for a wait.

 

What happens after the AQ stage assuming BC doesnt bottle out of the case?

 

Is it a case of case closed for ever once the court decides one way or another? i.e CCJ or no CCJ? Can they reopen the case?

 

Thanks again good people.

[ScabHunter]

Thanks people, your help and advice is so much appreciated, I guess its only human nature to fear the worst. I like Scab hunters words of if he has the paperwork why doesnt he produce it! I guess once I submit my AQ I could be in for a wait.

 

You could be in for a long wait. The courts are far too lax with idiots like Carter who bring these spurious claims with nothing to back them up. These cases should just be struck out, but they never are.

 

The jadzia.dax1 case will give you an idea of how these things can drag on, but in the end Carter still bottled out.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158857-county-court-claim-urgently.html

 

What happens after the AQ stage assuming BC doesnt bottle out of the case?

 

It will be allocated to track and there will be a hearing. The judge will make a judgment based on the evidence heard. As judges in small claims track don't always know as much as they should about consumer law, it is important to be able to educate them.

 

Is it a case of case closed for ever once the court decides one way or another? i.e CCJ or no CCJ? Can they reopen the case?

 

Appeals are possible if you lose the case, but you are getting WAY ahead of yourself. As of now Carter has produced NOTHING. No reply to your CCA request, no reply to CPR 31.14, NOTHING.

 

Just use the AQ to your advantage by challenging this non-compliance. If Carter is ordered to produce what he doesn't have, the fun will start.

 

SH

[mau_juaquez]

Just bumping my thread for some advice regarding filling out the AQ

 

Thanks again

[creditcardmug]

Hi im going to start posting some stuff to go in your AQ, let me know what you think,

 

Draft Order for Directions

 

1 The Claimant shall not later than 4:00pm on (date) (being a date 2 weeks from the date of the making of the case management directions) deliver to the Defendant a verified true copy of each of the following documents mentioned in the Particulars of Claim

 

(a) the executed regulated consumer credit agreement made between the defendant and xxxxxxxxxxxxxxxxx under reference xxxxxxxxxxxxx together with any terms and conditions that applied to it, the original document must be brought to the hearing.

(b) the default notice

© notices of assignment

(d) a full and complete statement of account including all payments made and charges applied covering the period beginning with the day of the making of the agreement and ending on the date of the commencement of this case.

 

2 In the event that the Claimant shall fail to comply with paragraph 1 of this order the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

 

3 In the event of compliance with paragraph 1 of this order this case shall be allocated to the fast track and

 

4 The Defendant shall be at liberty to file and serve a consequentially Amended Defence by 4:00pm on (date) (being a date 6 weeks from the date of the making of the case management directions).

 

 

[creditcardmug]

Other Information

 

Section I

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

Without production of the requested documents, I am at a disadvantage and am unable to serve a proper defence. Failure of the claimant to supply the requested documentation will make the case much harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgment

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed or unexecuted agreement pursuant to sections 62 and 63, or failure to comply with the duty to give

notice of cancellation rights in accordance with section 64(1). Here again, subject to one exception regarding sections 62 and63, section 127(4) precludes the court from making an enforcement order.

 

Its is respectfully requested this case be allocated to the fast track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer

 

Therefore it stands to reason that these documents must be disclosed before this case can progress any further

[creditcardmug]

You will have to sort the fonts out in post 70.

 

Is your form an N149 or N150?

[mau_juaquez]

Thanks for that Creditcardmug. The AQ is a N150.

[creditcardmug]

Section A tick no to all

4 reasons The claimant has failed to substantiate this claim

Section B tick yes (if it has already been transferred to your local court) if it has write that in the box, if not write that you are unable to travel etc.

section C tick no. in the box write "please see attached section C"

Section D Write the amount they are claiming, not including costs

applications tick no

witnesses write your name, and in brackets "myself"...in the other box write "all facts"

Experts tick no to the first question, leave the rest blank

Track fast track....leave the box blank

Section E 2 hours....fill in the rest if there are any dates you cant attend

Section F tick yes to 1st question...no to 2nd

Section G leave blank

Section H leave blank

Section I tick yes to the 1st question...no to the second

tick no to applications

in the big box write "please see attached section I"

 

Sign & date it etc.

[creditcardmug]

Pre-Action Protocols

 

Section C

 

 

This case is not covered by any approved protocol, I have tried to act reasonably in exchanging information/documents relevant to the claim, however the claimant has been unco-operative.

On the DATE I wrote to the claimant requesting information pursuant to the CPR Part 18, in order that I could investigate their Particulars of Claim, and file a suitable defence. A copy is attached to this form.

The claimant has not replied