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


mau_juaquez
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Is it okay to pm pt do you think to see if he would be able to help or is pm-ing for help against forum rules?

 

There are so many darn posts to read through when I search for disclosure lists!!!

 

Thanks

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Just to say the team have your reported post.

What is it that you want exactly ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Just to say the team have your reported post.

What is it that you want exactly ?

 

Hiya,

 

I was just after some advice with regards to what I should be including in the disclosure list for this case.

 

Many thanks

 

MauJ

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All I have to go on my disclosure list is a copy of the agreement which is improperly executed and several letters from carter which have been posted on here and some statements whilst the debt was with Lloyds.

 

Should I add the Consumer Credit act of 1974?

 

Do i need to mention the notice of assignment and the default notice, both of which I dont have. I also dont have a breakdown summary of the account since it left TSB so I dont know what their charges are or what I have paid to Carter.

 

Does anyone know of any statutes or law cases I can reference to help my case?

 

Thanks

 

MauJ

Edited by mau_juaquez
Had more thoughts lol..... Even on a Wednesday!!!
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All I have to go on my disclosure list is a copy of the agreement which is improperly executed and several letters from carter which have been posted on here and some statements whilst the debt was with Lloyds.

 

Should I add the Consumer Credit act of 1974?

 

Do i need to mention the notice of assignment and the default notice, both of which I dont have. I also dont have a breakdown summary of the account since it left TSB so I dont know what their charges are or what I have paid to Carter.

 

Does anyone know of any statutes or law cases I can reference to help my case?

 

Thanks

 

MauJ

 

 

Hi again peeps,

 

I was just wondering if anyone was available to help with my disclosure list as I have to file it by 30th March.

 

Any advice would be greatfully recieved!

 

Many thanks again good people

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Hi again,

 

Does anyone have any advice for my disclosure list please?

 

It has to be in the post by Friday.

 

Do I mention the default notice on my disclosure list? I dont remember getting one so I dont believe I should put it on. At what point of the case do I mention this?

 

Many thanks

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D.B.L is done on a N265 form http://www.hmcourts-service.gov.uk/courtfinder/forms/n265_1005.pdf

 

You need to disclose documents which you have in your possession which you intend to rely upon, which support your case or adversely affect your case

 

you do not cite case law but merely the documents such as letters, agreement, etc which you will rely upon

 

The form should be fairly explanatory but if you are stuck on something shout and i will see what i can offer

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Thanks pt, I didnt realise there was an electronic form for this!

 

Top man!!

 

On another note I have just got my court date through... 15th July. Says I should allow all day.... great looks like i'm not the only sod getting judged at that time!

 

What should I expect in court? Will there be loads of Joe Bloggs public watching me get sentenced lol or is it very private?

 

Thanks again,

 

MauJ

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D.B.L is done on a N265 form http://www.hmcourts-service.gov.uk/courtfinder/forms/n265_1005.pdf

 

You need to disclose documents which you have in your possession which you intend to rely upon, which support your case or adversely affect your case

 

you do not cite case law but merely the documents such as letters, agreement, etc which you will rely upon

 

The form should be fairly explanatory but if you are stuck on something shout and i will see what i can offer

 

Dumb question again,

 

If I fill out the form electronically does it automatically get attached to my case or do I need to send it off to the court myself?

 

Many thanks

 

MauJ

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Don't ever rely on things happening automatically. All it means is that they will automatically go wrong.

 

Print out several copies and send one to the court yourself.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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So today I recieved B Carters disclosure list.

 

The documents they allow me to have copies of are:

 

Statements from 2 bank accounts

Copy of loan agreement (since deemed improperly executed)

Copy of direct debit mandate with regards to loan

Copy of optional loan insurance which wasnt taken out

Screen print of transactions to loan (only from lloyds, not including amounts paid to carter)

Copies of court pleadings

 

They object to me having copies of database entries for the admin system of Frederickson International Ltd

 

The docs they no longer have in their control are:

 

Hello/ goodbye letter to Defendent (carvall Lloyds) advising of the assignment of the debt

Bundle of letters from the claimant its agents and solicitors to defendent as per schedule 1. Such docs were last in possession, custody or power of the claimant on the date of posting and the file creating the same is not stored electronically

Bundle of letters from the defendent to the claimant, its agents and solicitors as per schedule 2... such docs were shredded in accordance with data protection rules

 

Schedule 1 lists a load of letters etc e.g. LBA, FFS offered, DD cancelled blah blah.

 

Schedule 2 indicates letters recieved by them from me.

 

So it appears no default notice has been mentioned and they no longer have a copy or are in control of a copy of the notice of assignment.

 

From the info given do you think I have a good chance of winning in court? Or is it more likely that the Judge will side with the claimant?

 

Are they hiding the fact that the notice of assignment is out of their control... does that possibly mean one might not have been issued, how would the court see this? If they document it has been sent but cant prove it surely it never existed?

 

Am very unsure of what to do at the minute, any advice would be greatfully recieved again!!

 

Many thanks good people

 

MauJ

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I would have thought that if they cannot provide a notice of assignment, or deed of assignment, then they are not entitled to anything.

Its the same as not having an agreement. They may well try the old Moral argument. But thats for the church.

You'll need to convince the Judge that without these documents as proof of ownership and indeed proof or an enforceable agreement, their claim falls flat on its face. Dont forget your costs.

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It also appears that the notice of assignment they mention is from Pheonix to Carter and not lloyds to Phoenix.

 

Also still no mention of the default notice either.

 

Part of me is thinking cave in and just arrange with Carter but part of me wants to fight to the death. I think its the whole court thing that i'm worried about. Dont want to be in a public court room with Joe Bloggs whatching me get judged!!!

 

All seems very scary lol

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Yes its all very scary, but they dont appear to have the correct paperwork to be chasing you. If you cave in and start dealing with BC now, whats stopping them selling this on so yet another ****** starts hounding you?

Personally, I'd want to nip his little game in the bud.

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Just would like to point out that you wont be in a public courtroom with people watching you be judged. There will only be a few people sat around a large table.

 

There was a thread knocking around that told you what to expect, it might be worth having a look.

 

I have also got a court date and worried about it, but I am not going down without a fight.

 

Good luck and chin up

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Thanks for the support guys and gals.

 

So to some up:

 

I have an improperly executed credit agreement

No default notice and no notice of assignment from Lloyds to any DCA.

 

Without the assignment BC cant collect from me.

 

I was thinking of arguing along the lines if BC had provided me with the documentation upfront I would have been satisfied that they have the right to collect and would therefore have negotiated with them?

 

So when in court and assumming I win can I also get the default removed as of yet apart from my request for the default notice there has been no mention of it from Carter.

 

Is Carter likely to bring a notice of assignment with him even? Would it be one of his tricks to list it as a document that is out of their control then try to produce it in court? If he does that can they use it?

 

Many thanks again

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Old Br'yan cannot ''just bring along'' a notice of Assignment. This is a legal document which needs to be properly served on you to be valid. S 136 of the Law of Property Act states that it must be served either by recorded delivery or registered post.

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Old Br'yan cannot ''just bring along'' a notice of Assignment. This is a legal document which needs to be properly served on you to be valid. S 136 of the Law of Property Act states that it must be served either by recorded delivery or registered post.

 

and AFAIK according to the LoPA 1925 the notice of assignemnt has to be from the OC, I doubt if the usual forged NoA would cut it in front of a beak.

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  • 2 weeks later...

MJ it might be worth your while just to read a few of the posts on this thread link before you complete your AQ.

 

You can put BC under a lot of pressure by including a similar request and draft for special instructions requesting the disclosure of certain documentation.

 

Fingers crossed its done the trick for Diamondgirl, she received a 'claim struck out' order this morning and Link have 7, make that 6 days now to come up with something good enough to convince the Judge to change his mind on this and as there's no valid CCA, NOA, DN etc. I'm hoping they find that as difficult as I hope they will.

The fat lady hasn't actually started singing yet but she has entered stage left to tumultuous applause and is ready to go.

 

IF BC has not supplied paperwork include that in your special instructions draft request, as you say it might never have gone to Court at all if he'd provided it earlier.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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