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

[ScabHunter]

Jst checking in to this thread to see what is happening.

 

I was just wondering what would happen if no default notice is passed on to me, by looks of it this is my best chance of winning the case. Can they still issue an enforcement order without a default notice?

 

The court could order enforcement of the agreement, but if a default notice is invalid, the alleged creditor would only be entitled to the arrears, and not to the full balance.

 

Am I right in thinking that if a default notice and notice of assignment turns up I will pretty much loose the case? Looks like my chances of winning at the minute are about 50/50!

 

I'm no odds broker but at the moment I'd put it higher than that. Where is the default notice?

 

Just as a matter of interest, how much of the alleged balance when the account was terminated was made up of unlawful charges?

 

I also think there may be some hefty charges applied by Cretin Carter as it appears they bought the debt for around £7300 and are now trying to claim £10000 even though I paid them some money after they bought the debt!!

 

The more I think about it the more I think these guys are seriously taking the urine out of me! Then part of me also thinks that the court will probably side with the claimant... guess thats only natural though.

 

When you submit your particularised defence, assuming this gets that far, you will need to put Carter to strict proof that these amounts are accurate. Statements should prove they are not.

 

I am still awaiting any notification from the court with regards to the AQ so I am guessing they are allowing Carter all the time he needs! I bet if it was the other way round I would have got Judgement by default by now!

 

Sadly, all too true. Hopefully the order from the court in the Decanus case is a turning point, but we can only wait and see.

 

The only thing you can do if you want to go on the offensive is to file an application forcing disclosure of the relevant documents. This will set you back £75, but with an alleged debt of this size it may be worth thinking about.

 

They did not comply with your CPR 31.14 request. Why not? If they do not have a compliant default notice, they cannot produce it.

 

You can read about that here -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their-3.html#post1771008

 

SH

[bazaar]

Id tend to agree with SC on going for the jugular, if theyve ignored your reasonable requests under CPR, then get the court to order it. Put the fat git on the back foot

[mau_juaquez]

Hi guys, thanks again for your replies.

 

Unfortunately I cant really afford the £75 fee at the minute so I guess I will just have to wait and see.

 

Carter didnt provide me with any details of his charges etc. The statements provided ended at the point TSB sold the debt.

 

What is the purpose of the notice of assignment? I one of them doesnt exist does that mean Carter cant chase me?

 

Thanks

[bazaar]

The notice is to inform you they have sold the debt on. Its one of the documents required to give BC so called rights to collect

[mau_juaquez]

Latest update:

 

Today I recieved a letter from the court saying its been allocated to the fast track. I will scan the letter in tomorrow and post it up here.

 

Court it is then! Wonder if many will be there in court to watch me battle Carter?

 

What should I expect in court? Would be nice if he doesnt turn up but he probably will!

[vikki75]

I had the same letter and was really worried about it. A week or so after recieving that letter he backed out and now i'm in the process of claiming the costs back from him.

[ScabHunter]

To be honest I don't expect Bryan to bottle out of this one. The alleged debt is sizeable enough for him to take a risk on getting a friendly judge who doesn't understand the Consumer Credit Act.

 

It is going to vital here to make sure you understand fully every aspect of the Act which affects your case, and that you are able to educate the judge.

 

Yes, unbelievably, judges who are paid to give judgments in this kind of case often do not have a full understanding of the laws they should be basing their judgments on.

 

The positive side of this is that institutional claimants are often sloppy in their preparation, which can give a well prepared litigant an advantage.

 

The bottom line here so far is that we have an improperly executed agreement which could be enforced at the court's discretion, and an absent default notice which therefore cannot be enforced at anybody's discretion.

 

A judge doing their job properly could not, under the High Court precedents they are obliged to follow, award judgment to Carter.

 

SH

 

PS Having said that, I would be absolutely delighted to be proven wrong, and see dear old Bottling Bryan reinforcing his nickname yet again.

[davey77]

 

It is going to vital here to make sure you understand fully every aspect of the Act which affects your case, and that you are able to educate the judge.

 

Yes, unbelievably, judges who are paid to give judgments in this kind of case often do not have a full understanding of the laws they should be basing their judgments on.

 

I've been asking around looking for a Solicitor to have a go at my unenforceable agreements. One of the replies included:

"The rules and regulations are very complex and can even be difficult for a County Court District Judge to understand."

 

A polite way of saying Judges often don't know what they are doing in other words, i would suggest!

[mau_juaquez]

Thanks people,

 

From reading through the allocation letter yesterday which I will post later it appears I have a bit more time on my hands. I have 21 days to serve a suitable date for trial and then theres bits and bobs happening up until mid may I think.

 

To quote Kevin keegan ' I would love it if we beat them'

 

Looks like a bit of research is going to be needed by myself I guess!!!

 

Details of letter to follow later this evening.

 

Once again to all those that have helped so far, thanks ever so much!

 

Now that the case has been allocated to the fast track, say Carter comes up with more paperwork can I still arrange to repay before the hearing to avoid a ccj, if the default turns up I would say I am fighting a loosing battle but at the minute I have reasons to remain positive!!!

 

Regards,

 

MauJ

[ScabHunter]

If Carter was to get judgment, you could still avoid a CCJ going on your file by paying up after the hearing, but if you are struggling to find £75 for an application, I think you are going to find it hard to raise the amount needed to pay this off in one go.

 

Forget all that for now. Concentrate on fighting this battle to the best of your ability in the present moment.

 

One thing I must pick up on - I asked a question earlier which did not get answered, and it could be important.

 

Just as a matter of interest, how much of the alleged balance when the account was terminated was made up of unlawful charges?

 

I ask this because if the amount of unlawful charges was a significant percentage of the balance at the time of termination, the amount on the default notice may be inaccurate beyond a de minimis amount.

 

If this is true, then the account may have been terminated on the back of an invalid default notice even if one shows up which is compliant in every other way.

 

You can never have too many layers of defence.

 

SH

[creditcardmug]

(if) they win, you will have 30 days to settle, if you do then you wont have a ccj, just to put your mind at rest on that one

[mau_juaquez]

I dont think any charges were added before it was transferred. The statements arent the greatest though!

 

Thanks guys

[mau_juaquez]

Hi people,

 

Heres the copy of the allocation to fast track. I have 21 days to serve dates to carter. How do I go about doing this?

 

Page 1:

http://g.imagehost.org/0784/fasttrack1.jpg

 

Page 2:

http://g.imagehost.org/0723/fasttrack2.jpg

 

Thanks again good people

 

MauJ

[mau_juaquez]

bump

[creditcardmug]

You just need to write the dates you are available within the trial window, or if all of the dates just put, available any of the dates within the trial window

[mau_juaquez]

Sorry for a dumb question but it is not obvious what the trial window is?

[mau_juaquez]

oops, sorry just noticed its on page 2 lol

 

In terms of responding to the others what do I need to do regards to full disclosure and requesting of documents?

 

i assume i need to request copies of the default notice etc again as they still havent complied with my request!

 

What is the mention of rule 39.5 of the CPR all about?

 

Thanks

[creditcardmug]

CPR 39.5

 

(1) Unless the court orders otherwise, the claimant must file a trial bundle containing documents required by –

(a) a relevant practice direction; and

 

(b) any court order.

 

 

(2) The claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.

 

I dont have much experience of this stage so may be worth waiting for the advice of others/ checking other threads

[mau_juaquez]

Thanks CCmug

 

So I take it this bundle should contain everything I requested earlier?

[mau_juaquez]

Hello again good people.

 

I was just wondering if anyone was able to help me in preparing my disclosure list? I'm really unsure what to put in other than the documents I have recieved from Carter!

 

Thanks again,

 

MauJ

[Oh Boy!]

check your agreement is enforceable here Financial Agreement Solutions

[pt2537]

check your agreement is enforceable here Financial Agreement Solutions

for a price

 

and the assessment checker mysteriously has been taken down

[Oh Boy!]

How odd, I did use the free section which said my agreement was unenforceable, it displayed all the data, but had to pay 39 quid for hard copy.

 

Shame its not working then.

[mau_juaquez]

Hi again, just checking out to see who is the best person to liaise with about the disclosure list?

 

Many thanks

 

MauJ

[creditcardmug]

Hi again, just checking out to see who is the best person to liaise with about the disclosure list?

 

Many thanks

 

MauJ

 

pt who posted on your thread above is the best person, but i know hes very busy, as far as i know, you just make a list of every document you will be relying on at the hearing, including any case law, and statutes....and you just send them that list, they will then have the opportunity to require you to provide copies of the same should they require them.

 

Thats my understanding of it anyway, i suggest you go with that, unless anyone else has anything more to say on it.