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


mau_juaquez
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The AQ form has my local court on it so I assume it has. The court is literally 5 minutes walk from my house, is it acceptable to hand deliver my AQ instead of wasting £5 on special delivery!

 

Thanks for all your help, your all superstars!!!!!!!

 

I cant thank you enough for all your help so far!

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Yes ive always hand delivered mine, and asked for a receipt, they write it on a compliment slip.

 

Any more questions just post on here

 

Regards

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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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).

 

 

 

DO I use Phoenix Recoveries name as they are the claimant or Lloyds TSB as they are who the loan was with?

 

Thanks again

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Guys and Gals,

 

Looks like its game over for me. Mr Carter seems to have come up with the goods. Yesterday I recieved a letter from him (See attached) with the following docs attached: Signed copy of the credit agreement, some terms and conditions, statement of the loan account and some bank statements. Not sure how he got the bank statements mind!

 

I guess I'll have to eat humble pie and make an arrangement with Mr Carter to repay. What do you people think? I have attached the paperwork below.

 

Thanks for all your help though, i'm guessing the only way to avoid a CCJ is to make an arrangement!

 

Letter from Carter:

http://f.imagehost.org/0680/Image001.jpg

 

Credit agreement:

http://g.imagehost.org/0223/Image002.jpg

 

Terms and conditions page 1

http://g.imagehost.org/0004/Image003.jpg

 

Terms and conditions page 2

http://g.imagehost.org/0907/Image004.jpg

 

Loan Statement Page 1

http://g.imagehost.org/0099/Image005.jpg

 

Loan Statement Page 2

http://g.imagehost.org/0281/Image006.jpg

 

Loan Statement Page 3

http://g.imagehost.org/0382/Image007.jpg

 

I havent uploaded bank statements as they arent necessary and there are 100's of pages!

 

I have noticed the amount in Carters letter has gone up now compared to that on the original claim form

 

What should I do???? I am so confused now, almost panicking!!!

 

Again, all advice is so greatfully recieved. I think I have till Sunday to come up with an arangement before he continues the case in court.

 

Many thanks again good people

 

Mau

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DONT PANIC this is what Carters want you to do - I'd wait a bit until people get home from work and settled and have a look at the agreement (which looks like an application form to me... but I am not an expert on these as some people are).

 

DON'T PANIC just wait for advice from us before doing anything. You can't count Saturday and Sunday as days before he 'continues the case in court'... that is waffle from them designed to scare you into action.

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Have you got

 

(b) the default notice

© notices of assignment

 

if not then he is unlikely to get much further as it does say case can be struck out if these aren't provided, as they are clearly stated they need to be provided.

 

I think he may have fallen at the first hurdle.

 

SO DON'T PANIC - you may still be able to put up a better defence than he expects.

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the agreement is improperly executed as it does not set out the total amount payable or any items entering into the total charge for credit

 

it would be for the court to decide if it would issue an enforcement order at the end of the day

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TBH I think the agreement might stand. However I have asked a MOD to have a look.

 

the agreement is improperly executed as it does not set out the total amount payable or any items entering into the total charge for credit

 

it would be for the court to decide if it would issue an enforcement order at the end of the day

 

Well there you have it. THE expert's opinion.

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Thanks people,

 

So I have an improperly executed agreement and hopefully no default letter or notice of assignment.

 

From the info/ advice given above it looks like I should carry on with my defence. What are the chances of the court enforcing the agreement from your experiences? Does any one think Carter is likely to come up with a correct default notice and notice of assignment?

 

Many thanks good people, I feel like a massive pile of bricks has been lifted off my shoulders.

 

Regards,

 

MauJ

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Just noticed something else. On the CCA it says an APR of 11.9%, however it also says a fixed rate of interest of 0.94% will be added each month.

 

0.94 x 12 (number of months in a year) = 11.28% so is the APR incorrectly calculated?

 

Thanks

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Now I'm a tad confused. I have read the following thread and the loan agreement looks similar to mine yet people are saying it was properly executed!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/180747-ltsb-loan.html

 

Im so confised now lol!!!

 

Can any one clarify my position please?

 

Many thanks

 

MauJ

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Hi People,

 

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?

 

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 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.

 

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!

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