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

[mau_juaquez]

Hi Toulouse,

 

Thanks for the response but my case has passed the AQ stage. I have my trial date now and need to prepare a witness statement.

 

In this do I just mention that BC hasnt played ball such as DN and NOA.

Also mention that the CCA is improperly executed.

 

Then mention something like had BC provided the documentation then I would have been in a position to negotiate with them

 

Regards

[mau_juaquez]

bump

[mau_juaquez]

bump

[I've got no money]

Ok - just let me get clear what's happened - there's a claim for £9k in respect of an assigned debt - you've filed a holding defence I presume and haven't had a DN, a copy of the assignment or a Notice of assignment. Have you had a properly executed CCA?

 

The first thing is have you allocate to the Small claims track - you need it in the fast track. The reason for that is that the Disclosure provisions of CPR Pt 31 do NOT apply to the SCT and you need them.

 

Have you sent them a CPR 31.14 letter - if not send it now by first class recorded - give them 7 days to reply. If you have already sent one you need to do a chasing letter and give them 7 days to reply. If they don't you need to apply for a order on an N244

 

I see that you've sent a CPR Pt 18 letter - You need to write to them and give them 7 days to reply and then to make an application for an Order on an N244. The letter does not appear to have asked for a copy of the actual assignment it is crucial that you request it - if you send the CPR 31 (14) letter

 

You should NOT at this stage make any admissions that you may or may not owe them any money. At this stage you don't know.

 

The objective is to get Orders requiring them to give you the information and documents - if (and they usually don't) then we will ultimately get the case struck out.

 

It is a process that we need to go through stage by stage - at this point chase up the Pt 18 letter

 

Please tell me that you haven't allocated it to the SCT

Edited April 18, 2009 by I've got no money

[mau_juaquez]

Ok - just let me get clear what's happened - there's a claim for £9k in respect of an assigned debt - you've filed a holding defence I presume and haven't had a DN, a copy of the assignment or a Notice of assignment. Have you had a properly executed CCA?

 

The first thing is have you allocate to the Small claims track - you need it in the fast track. The reason for that is that the Disclosure provisions of CPR Pt 31 do NOT apply to the SCT and you need them.

 

Have you sent them a CPR 31.14 letter - if not send it now by first class recorded - give them 7 days to reply. If you have already sent one you need to do a chasing letter and give them 7 days to reply. If they don't you need to apply for a order on an N244

 

I see that you've sent a CPR Pt 18 letter - You need to write to them and give them 7 days to reply and then to make an application for an Order on an N244. The letter does not appear to have asked for a copy of the actual assignment it is crucial that you request it - if you send the CPR 31 (14) letter

 

You should NOT at this stage make any admissions that you may or may not owe them any money. At this stage you don't know.

 

The objective is to get Orders requiring them to give you the information and documents - if (and they usually don't) then we will ultimately get the case struck out.

 

It is a process that we need to go through stage by stage - at this point chase up the Pt 18 letter

 

Please tell me that you haven't allocated it to the SCT

 

Hi,

 

Thanks for the reply. I have recieved a copy of the cca but it has been deemed as improperly executed due to the agreement missing the total charge for credit.

 

The case was allocated to the fast track

 

The cpr 31.14 reguest was one of the very first things I did just after recieving the claim form - no response from carter as with the part 18 request too!

 

So you say next step is to chase up the part 18 request, should I chase up the part 14 request at the sametime?

 

Many thanks

[I've got no money]

So there is a lot of stuff that you haven't received - what you need to do is write to our heroes - in respect of both the Pt 31.14 and the Part 18 - attach copies of the previous letters and give them 7 days to reply. Tell them if they don't reply that you will apply for an Order that they do comply and for costs. On the 8th day you lodge an N244 seeking an Order that they comply.

 

Can I just double check that you have asked for a copy of the assignment itself not just the notice - you want and are entitled to both.

 

The idea is to take the iniative and put them under pressure. You either want to reach a position where they haven't complied with an unless order (that's the stage after they don't comply with the first order) and you get them struck out or you get sufficient disclosure to allow you to amend your defence properly

 

Can I ask have you got the fast track directions - can you post a copy so I can see where you are up to - obviously you need to delete anything that can identify you

[mau_juaquez]

Hi again post number 113 of page 6 has the fast track allocation attached.

 

I'll double check my documentation to find out what I have requested

 

How much does it cost to lodge an N244?

 

Many thanks again

[I've got no money]

Have you had disclosure from them - what you do in terms of disclosure is fill in a standard form that has three parts to it - one part for documents physically in your possession and which you don't object to producing, one part for documents you had but don't have any more and legally privilleged docs.

 

In the section with docs in your possession - you put - pleadings, correspondence from the claimants solicitors of various dates (you don't need to list it individually) and anything else you've got such as statements (again you don't list individually just say various dates ), and anything else relevant to the claim. In the section with docs you don't have you'd say corresp to OP and OP Sols of various dates and that they were last in your possession on the date they were posted - other things that you may have lost, statements etc

 

You need to get it done and off to BC - if you haven't received their list do a letter telling them if you don't receive it within 7 days you'll apply for an Order - in fact you can apply for an Order on your CPR 31.14 and on your disclosure by list in the same application on an N244 with a fee of I think £75 BUT you can apply for exemption/remission on an ex 160a available online or from the court office. If you do apply for an Order you also need to apply for further directions as the standard directions timetable won't work

 

Importantly you should NOT prepare and exchange witness statements until disclosure and inspection has taken place

[mau_juaquez]

I have sent my disclosure list off and also recieved it from Carter. If you see one of the earlier threads it summarises what Carter has sent and what he objects to me having, one if the NOA and one is the default notice - no longer in his control!!!

[I've got no money]

I have sent my disclosure list off and also recieved it from Carter. If you see one of the earlier threads it summarises what Carter has sent and what he objects to me having, one if the NOA and one is the default notice - no longer in his control!!!

 

In one sense that is right - because they don't have the originals because they sent them to you HOWEVER they should have copies and you are entitled to copies of those

 

The other thing is what about the actual assignment - it has to be disclosed under CPR 31.14 - is that in the list as being disclosable

 

which thread is the contents of the disclosure list on and I'll have a look - won't be till Weds night tho'

 

Another thought if the CCA is uneforceable does you claim form say why and have you applied for a declaration that its' unenforceable...your defence may need amending

 

 

 

Is there any chance that you could post the whole of their list...taking out the identifying details

[mau_juaquez]

Hello again,

 

I will scan the whole list in for you if that makes it easier, I will try and do it tonight mate.

 

Many thanks for your help!!!

 

My witness statement needs to be submitted by the 27th April so have a week to get it ready!

 

Cheers again

[I've got no money]

No - the thing is that if they haven't done disclosure properly you don't file your witness statement

 

What you do is apply on an N244 for an Order for specific disclosure AND an Order for further Directions

 

You cannot be expected to file a witness statement without proper disclosure

[mau_juaquez]

Hi again,

 

Her is the scanned version of Carters Disclosure list for you to look at mate. Your help is very much appreciated!!!

 

Page 1:

BC1.jpg (189 KB)

 

Page 2:

BC2.jpg (195 KB)

 

Page 3:

BC3.jpg (273 KB)

 

Page 4:

BC4.jpg (139 KB)

 

I have missed my chance to obtain copies for inspection, however it was only copies of the pleas that were not produced by Carter

 

Let me know what you think.

 

What should I do about my Witness statement?

 

Many thanks,

 

MJ

[mau_juaquez]

bump

[I've got no money]

I couldn't get it to download images 1 and 4 BUT I think 2 and 3 are the important ones.

 

Forget the fact that you are out of time to request copies - nobody sticks to that anyway.

 

1. Do a letter requesting copies of everyting they have agreed to disclose, confirm that you will pay for their copying charges.

Can I ask have they disclosed statements for the whole period - cos its' not clear if they have

2. They haven't disclosed anything about the assignment - no notices no actual assignment. Have you sent the standard CPR 31.14 letter if you have - then do a letter to them telling them that if they don't provide all of the informatio requested within 7 days that you will make an application for an order and for costs

- If you haven't sent your CPR 31.14 letter send it now

3. Do another letter to the other side say in view of ther failure to make proper disclosure that you require their agreement to extend the time for filing witness statements to 14 days after they make full disclosure

Edited April 23, 2009 by I've got no money

[mau_juaquez]

Sorry I have been suffering from man flu and probably missed my chance of getting an extension to the deadline for the witness statement.

 

Today I have recieved Carters Witness statement,

 

Can anyone advise what to do as mine is due on Mondya and I have done nothing yet!!!

 

Pretty please can someone help me prepare my statement

 

Many thanks

[mau_juaquez]

Oh hang on,

 

I have just noticed now that Carter has also added outstanding balances due on 2 current accounts I had with lloyds, this was not mentioned on the POC

 

On their witness statement it says as the debt is combined it is not a fixed sum credit agreement

[mau_juaquez]

bump

[mau_juaquez]

bump

[mau_juaquez]

bump

[mau_juaquez]

Hi all,

 

Just an update on things. About a week or so ago I recieved a witness statement from Carter. In this he mentioned that a couple of defaulted current accounts were also included in the claim yet the POC at the very beginning only mentioned the loan agreement number.

 

Then last week I recieved a couple of documents that they want to rely on in court. Both of them looked like notice of assignment from Phoenix to Carter. One was on headed paper and unsigned, the other was not on headed paper and unsigned. Both of which had the word 'best reproducable copy' written on them. They both looked like fraudulent documents to me and as they were unsigned I dont think they could be accepted in court could they???

 

Today I recieved a consent order where they have offered me a full and final settlement or a monthly repayment plan which is very affordable but would take about 15 years to pay up! If I accept the consent order what are the consequences if I fail to pay do they get judgment entered against me immediately and will it adversely affect my credit file? I know a ccj is very bad!

 

I am very tempted by the repayment plan as it would save me all the stress of going to court etc and would finally put the case to rest so to speak. The other part of me thinks Carter have realised they are in for a good hiding and are trying to make it look like they are doing me a favour by offering a long repayment plan. That coupled with last weeks laughable unsigned documents makes me think they are clutching at straws now as even if they do stand I am yet to recieve a default notice from them.

 

Does any one know if Lloyds keep records of default notices and do they have to be sent out via special delivery?

 

What do you guys think about my current situation?

 

Thanks again good people

Edited May 12, 2009 by mau_juaquez
further questios

[I've got no money]

Can you post the WS from our heroes together with copies of the NoA

 

I think that BC are in difficulty but I really need to see all the documents

[sillygirl1]

DO NOT GIVE IN NOW - that is what Carters want you to think. Court may be stressful but it will stop their tracks, just because they offer a full and final now doesn't mean it will all stop.... they will keep increasing your payments and hassling you every three months - there is evidence enough in the forums for this statement.

 

When you go to court it is THEM on trial, if they don't have their proveable documentation they are in trouble, I understand that the solicitors regulatory authority are interested in Mr Carters activities.

[mau_juaquez]

Can you post the WS from our heroes together with copies of the NoA

 

I think that BC are in difficulty but I really need to see all the documents

 

I will get the docs scanned and uploaded over the next day or so. Have to use works scanner as mine is a bit broke.

 

Thanks again

[mau_juaquez]

Hi again,

 

As promised scans of the docs from Carter.

 

Witness statement page 1:

Image001_8.jpg (154 KB)

 

Witness statement page 2:

Image002.jpg (185 KB)

 

Witness statement page 3:

Image003.jpg (167 KB)

 

Consent order letter:

Image004.jpg (217 KB)

 

Consent order:

Image005.jpg (144 KB)

 

Unsigned NoA 1:

Image007.jpg (167 KB)

 

Unsigned NoA 2:

Image008.jpg (202 KB)

 

What appears to be a screen dump of their system:

Image009.jpg (236 KB)

 

What do you think?

 

They are adding the 2 unsigned NoA's and the screen dump to the list of docs they will rely on in court