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

[ODC]

Good Old Carter appears to have forgotten to send any proof that you actually received these Notices of Assignment. Without proof you received them then the debt is not lawfully assigned as far as I know.

[mau_juaquez]

Good Old Carter appears to have forgotten to send any proof that you actually received these Notices of Assignment. Without proof you received them then the debt is not lawfully assigned as far as I know.

 

Thanks ODC, if they sent them 1st class how would they prove it?

 

And do you not think they could be fraudulent as there are no signatures, it is very easy to 'create' one after the event and change a few numbers about. Then print it out and scan it in. They then print the scan to make it look like an original.

 

I do like the words ' best possible reproduced copy'!

 

Also I have missed the deadline to submit a witness statement. Am I correct in thinking I dont need to do one it would just make the court case easier? I need to start preparing for court. Does any one know any good case law I can quote at Sir Judge please?

 

Thanks

[ODC]

Thanks ODC, if they sent them 1st class how would they prove it?Precisely

 

And do you not think they could be fraudulent as there are no signatures, it is very easy to 'create' one after the event and change a few numbers about. Then print it out and scan it in. They then print the scan to make it look like an original. Most DCAs make them up themselves anyway

 

I do like the words ' best possible reproduced copy'!

 

Also I have missed the deadline to submit a witness statement. Am I correct in thinking I dont need to do one it would just make the court case easier? I need to start preparing for court. Does any one know any good case law I can quote at Sir Judge please?

 

Thanks

 

A witness statement just lets them know what you are going to say and as you are turning up in person you should be ok.

 

I doubt it will get that far as Good Ole Bryan usually bottles out before it gets to court.

[mau_juaquez]

Excellent,

 

So to sum up my case:

 

I have:

 

An improperly executed credit agreement (i.e. not total charge for credit)

 

No proof of delivery of the NoA

 

An unlawfully assigned debt

 

No default notice

 

No proof of delivery of a default notice

 

And to top it off the claim was originally for a Loan account but is now also mentioned a current account. Looking back at the statements for the current account there are a lot of bank charges on there so I should tot that up.

 

I assume as the POC only mentioned the loan account number he cant all of a sudden decide to add in the current account overdraft can he??? The first I knew that Carter was claiming for the current account was on his witness statement!

 

Regards,

 

MauJ

[mau_juaquez]

A witness statement just lets them know what you are going to say and as you are turning up in person you should be ok.

 

I doubt it will get that far as Good Ole Bryan usually bottles out before it gets to court.

 

 

I am not expecting to see carter bottle it this time as it is a considerable amount of money. Just need to swat up on the facts and ensure I do well in court! Will I need any case law to quote at the judge?

[bazaar]

If youre going to quote case law, its best to have a copy for the Judge to look at, far better for them to see the actual case details, youve got to make it easy for the Judge to understand your arguments

[mau_juaquez]

Thanks Bazaar, thats a very very good point!!!

 

Is case law freely available on the internet or is it one of those chargeable things?

[pt2537]

Thanks Bazaar, thats a very very good point!!!

 

Is case law freely available on the internet or is it one of those chargeable things?

If you cant find a particular case, then tell me and i will get it for you;)

[mau_juaquez]

Thanks pt, much appreciated!!!

[I've got no money]

MJ am really sorry for not getting back to your thread - I'm planning to spend some time in the library tonight and I'll go through the whole thread again

[mau_juaquez]

MJ am really sorry for not getting back to your thread - I'm planning to spend some time in the library tonight and I'll go through the whole thread again

 

No worries mate - no need to apologise!

 

I understand that this is a free service and people have other things to do.

 

I cant stress enough how much I have appreciated everyones help, support and advice so far! Without this site I would have had judgement by default against me by now!!

[I've got no money]

Excellent,

 

So to sum up my case:

 

I have:

 

An improperly executed credit agreement (i.e. not total charge for credit)

- Yes - that sounds about right

 

No proof of delivery of the NoA

 

No - its' not that straightforward - there is proof that you received a NoA - because you contacted them and offered a payment - the issue, however, is which of the two notices did you receive - one is arguably invalid - it refers to the assignment as being on the 28/9 yet their WS says the 16/11.

HOWEVER the account charges are likely to make the NoA invalid

 

An unlawfully assigned debt

 

No - until you see the actual assignment you don't know that - I have to say that it's likely to be a lawful assignment - if however the NoA is invalid then the assignment is ineffectual in law

No default notice

 

There system must be able to produce a copy of the DN - it makes it virtually impossible to challenge a DN if not - as a bare minimum they should be able to provide details of the content of the DN and when/how it was sent - You just deny receiving it and make the points about what it has to contain

 

No proof of delivery of a default notice

 

And to top it off the claim was originally for a Loan account but is now also mentioned a current account. Looking back at the statements for the current account there are a lot of bank charges on there so I should tot that up.

 

The accont charges are going to make the NoA and arguably the DN defective

 

I assume as the POC only mentioned the loan account number he cant all of a sudden decide to add in the current account overdraft can he??? The first I knew that Carter was claiming for the current account was on his witness statement!

 

Did the original PoC contain the amount of the other debts?

 

Regards,

 

MauJ

 

I've made my comments in bold and italics - can I just check have you made an application for specific disclosure of all bank statements and the actual assignment yet - if not you need to - you need to see the actual assignment because you are not satisfied that it is valid because in their WS they say that the assignment was 16/11 yet in one of the two NoA's they say it was 28/9 - you need to see the statements to see how the sums claimed have arisen

 

The other point is that the statement is from BC - they do NOT act upon behalf of LLoyds bank - they therefore cannot give evidence on behalf of LLoyds - how do they know what the Lloyds system has in it

[I've got no money]

Have a read at my skeleton - admittedly it was in reply to an application for SJ and in respect of a Credit card but it sums up most of the law and gives you cases

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st-5.html#post2147629

[mau_juaquez]

Hi mate,

 

Thanks for your reply, on response to your question about bank statements yes Carter have provided statements for both accounts for the past 6 yrs I think.

 

On the claim form Carter claimed 9000 pounds or so and only mentioned that this was related to the loan account. It wasnt until they provided their witness statement that I found out it was a combined debt. (See original claim form on page 1 for their PoC)

 

Thanks again for your help!

 

I will read the other thread over the weekend and see what I can take from that. All this law stuff is so complex, it is mind boggling some times!!!

 

Cheers again

[mau_juaquez]

Hi all,

Forgot to say my pre trial checklist is due in on MONDAY, should I submit a draft order for direction or not? I wasnt going to as I will be attending court.

 

Thanks

 

MauJ

[mau_juaquez]

All,

 

I forgot to submit my pre-trial checklist in time due to work commitments. What will happen now? Should I get it in the post ASAP?

 

Will they now order judgement to Carter?

 

Thanks

[I've got no money]

Submit the checklist now - unless they're being incredibly difficult nothing much should happen

[mau_juaquez]

Thanks mate,

 

Its going off today, recorded delivery!

[mau_juaquez]

I've made my comments in bold and italics - can I just check have you made an application for specific disclosure of all bank statements and the actual assignment yet - if not you need to - you need to see the actual assignment because you are not satisfied that it is valid because in their WS they say that the assignment was 16/11 yet in one of the two NoA's they say it was 28/9 - you need to see the statements to see how the sums claimed have arisen

 

The other point is that the statement is from BC - they do NOT act upon behalf of LLoyds bank - they therefore cannot give evidence on behalf of LLoyds - how do they know what the Lloyds system has in it

 

 

Hi again,

 

I have copies of all the bank statements, however I have not asked for specific disclosure of the assignment. Is there a specific way I should do this or is just writing a simple unsigned letter the way?

 

Thanks again

 

MJ

[I've got no money]

Sorry for not replying - I've had computer problems...

 

You need to apply for an Order for specific disclosure on an N244

[mau_juaquez]

Dear all,

 

I have a consent order in place with Carter as part of which I am paying £50 a month towards my £10000 debt.

 

I have noticed that this has changed to Arrow on my credit file.

 

Just phoned the toe-rags at Carters and they said Arrow have purchased the debt but Carter is still collecting.

 

 

Something fishy going on!

 

Can they do this - just willy nilly pass my account to another vermin collector? I would assume that with the consent order in place this couldnt happen.

 

Any advice for this?

 

Many thanks

 

MJ

[mau_juaquez]

Dear all,

 

I have got into a bit of a potential sticky situation between Bryan Carter and Wescott with an old debt.

 

Background:

 

In 2009 and was fighting a lloyds tsb loan with Bryan Carter and bottled it.

 

I negotiated this at £50 a month until debt was repaid in full.

 

I have a court consent order in place to this affect saying no further action from the claimant if I drop my defence and pay this until debt fully repaid.

 

To repay this I use a separate bank account where I transfer the money to every month

and the direct debit takes payment every month.

I rarely look at this account as it contains little spare dosh.

 

It has since become apparent that Wescott have taken this over as I received a letter yesterday saying I owe them approx 8000

as I acknowledged the debt in June 2013 with a £50 payment.

This was the last payment made to B carter.

I have not been advised to sort things out with Wescott.

 

Now Wescott are chasing me and I have missed 3 payments through this sneaky tactic.

I am wondering what I can do to resolve this and if the consent order is still actually valid as that was between me and B Carter.

 

Any help/ advice would be gratefully received as i do not want a CCJ.

My credit file is just about repaired so dont want another 6yrs of suffering through no fault of my own.

 

Thanks all,

[citizenB]

So you have received no communication from Wescott / Bryan Carter to advise there has been a change of bank details ?

 

I think you should either write to Wescott - or indeed telephone them as this would appear to be a matter of urgency and confirm that if no one advises there is a change then how the hell are you to know about it ?

 

I am assuming the money is still in the separate account - or has it been taken and gone to Bryan Carter ? In which case the monies should have been passed on.

[mau_juaquez]

Hi there,

 

Thanks for the prompt reply,

 

I was and always have paid Bryan Carter and have a direct debit set up. I have the money to cover the arrears in the account but the payment has not been taken since June.

 

I smell a rat here and think they are trying to get a CCJ against me by doing this.

 

I think writing to them would be the best option so I have that proof in future!

 

Does this invalidate the consent order though which was between me and B Carter?

 

Cheers

[mau_juaquez]

I have drafted up a letter, do you guys think this is reasonable? Thanks again.

 

I am very concerned about this matter as this debt was being managed by Bryan Carter/ Fredricksons who I was paying an agreed £50 per month to. I have checked the bank account that I had the direct debit setup from and the direct debit is still present, however no monies have been debited from my account via this direct debit since 24/06/2013.

 

How can I be possibly at fault here when as far as I knew this debt was and still is being managed by Bryan Carter/ Fredricksons. Ifeel this as very unfair and deceiving as I have received no communication to confirm to me who owns the debt.

 

Before proceeding I would like written confirmation from both Wescot and Bryan Carter/ Fredricksons on who owns the debt as I am sure you can appreciate that Iam very confused about this situation.

 

Please let me know how you wish to proceed. Once clarification is received I still have the money to rectify any arrears. I am just very concerned that the company I had an agreement with have stopped collecting payment. In this instance I am not at fault for this as I was not formally informed.