bacxkdoor Phoenix/Carter CCJ - LIttlewoods cat debt - set aside **WON+COSTS**

[themagician]

just received a letter today allegedly from northampton c.c.

re phoenix recoveries (uk) ltd s.a.r.l.

re:"sdrs recoveries" 25b boulevard royal

l-2449 luxembourg.

 

then its says on letter to pay Brian carter and co solicitors

persimon house,dehavilland, drive brooklands buisiness park, weybridge surry,kt13-ont.

there is a claim number in northampton county court.

its says that pay by installments of £50 per month for a debt of £900 or so,

we have never heard of these people and do not know about any debt to them for any amount,as this letter does not state what the debt is for ???

its says you have not replied to the claim for it is therefore ordered that you must pay the claiment the sum of " whatever".

dated the 26th oct 2009. first payment to be on the 25 nov 2009.

this includes £147 costs.

is this real or is a dca being crafty with a copier ?????

how do we find out about it as the letter does state that, if we did enter a claim form and believe judgment has been entered wrongly in default you may apply for a set aside,application form available but there is a fee,but if we know nothing about it why should we pay a fee ????

come on caggers help us on this one!!! please.:-?

[andie_303]

you should ring NCC and give them the claim number - they can tell you if its theirs or not.

 

I hate to tell you but I would imagine that it is legit and you will need to pay the fee to apply for a set aside - thats unfortuantely they way the court works

[teaboy2]

Are you able to scan a copy of the letter and post it on here for us to look at to see if it is legit. Make sure you block out personal information and the court number, along with other account numbers etc before posting though.

 

also is their a postage stamp on the envelope saying where it was posted. if it posted from anywhere other than northampton, id be likely to think its a con. But also contact the court with the court number first to confirm it, and if it is legit they can advise you on what steps to take given the fact you had not heard or received anything prior to the court order.

[themagician]

on the front of the envelope the stamp is pre-paid royal mail first class from newcastle upon tyne 142 ,then on the back it says if undelivered please return to po box 300 northampton nn1-2tx.

will try to scan it tomorrow,cannot believe i have to pay for a set aside for a debt which is likely not mine!!!

[angry cat]

Did you not receive a Claim Form from the Northampton County Court Bulk Centre prior to this?

 

If not, you should make a complaint!

Do it tomorrow.

[themagician]

is that a comlpaint whilst on the phone to them today or by letter ??

also how do i find out what the debt is for as they have already ccj,d me and i know nothing of this debt ?.cheers

[42man]

You will need to get this set aside (ASAP).....I believe you can contact the court for details of the claim, you will have to pay but if successful (which it sounds like you would be) then you would get the court fee and your costs back. It sounds like a possible catalogue debt - you might be interested to read this - HETHERINGTON: Daughter in tears over debt threat | Mail Online - please do fight this....

[themagician]

cannot open this thread you give me "hetherington" as comes up no longer available! cheers,

[themagician]

Did you not receive a Claim Form from the Northampton County Court Bulk Centre prior to this?

 

If not, you should make a complaint!

Do it tomorrow.

never ever received a claim form from them.

[42man]

Google the words Hetherington Carter and Phoenix together....

[themagician]

cheers 42 man & others,rang northampton c.c. they say its correct and a letter was sent to us on oct 6th which we never got,so now we go for the set aside and pay the £75 whatever! does any one have a n244 set aside application form for the courts already filled ( ficticausly)in so we can see where we are going /doing here,also how do we find out if the oc or dca has any agreements or proof of the debt and the legal entitlement to collect it?? can we cca the dca now? after the ccj or do we take another route??,cheers all

[angry cat]

http://www.consumerforums.com/resources/templates-library/51-guidance-notes/620-applying-for-a-set-aside

 

Once you open the above you will see a link to the Courts website.

 

AC

[themagician]

i,ve already downloaded this info but how do you fill it in,somebody must have already been there so what info goes in which box ???? if your not sure download it and see the questions asked!

[themagician]

cheers 42 man & others,rang northampton c.c. they say its correct and a letter was sent to us on oct 6th which we never got,so now we go for the set aside and pay the £75 whatever! does any one have a n244 set aside application form for the courts already filled ( ficticausly)in so we can see where we are going /doing here,also how do we find out if the oc or dca has any agreements or proof of the debt and the legal entitlement to collect it?? can we cca the dca now? after the ccj or do we take another route??,cheers all

can anyone answer the latter part of the question! can we cca them now a ccj is obtained????. or what!

[F_DCAs]

The Magcian - Carter is notorious on here.

 

Plenty of older threads - do a thread search for Bryan Carter - will give you an idea of what this guy's M.O is, and I'm confident there'll be a lot of advice given that's not only pertinent to your problem, but what to expect from him as a 'counter-attack'.

[themagician]

can anyone answer the latter part of the question! can we cca them now a ccj is obtained????. or what!

finding it hard to get any info on this question asked !!!!

[42man]

If it was me in your position then I would SAR the original creditor and send a CCA request to whoever owns the debt now, however it could be argued that they don't need to provide this as judgment has been made, but by sending a CCA request you have deominstrated that you have made more than a reasonable attempt to obtain the information...OR you could try this (possibly to the original creditor)- http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[themagician]

If it was me in your position then I would SAR the original creditor and send a CCA request to whoever owns the debt now, however it could be argued that they don't need to provide this as judgment has been made, but by sending a CCA request you have deominstrated that you have made more than a reasonable attempt to obtain the information...OR you could try this (possibly to the original creditor)- http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

dont know who the original oc is?? but claimant is Phoenix recoveries (uk) ltd s.a.r.l. in luxembourg???? does any body have a uk address for them so we can cca them please.:)before applying for a set aside.on monday.

[themagician]

just one more thing.if i stand in court and say i sent a letter to the dca or whoever the court will ask me for proof ! can i ask the court to prove they sent / notified me of the pending ccj claim that i did not receive from them ???.

[Belaflat]

Just a little thought themagician, have you had a previous address?

 

Not suggesting Mr Carter has been naughty of course but it has been known for Court papers to be sent to a 'last known' address and then once judgement has been granted by default..because the alleged debtor doesn't live there...Mr Carter miraculously discovers the new address days after the judgement is granted and sends on the papers demanding payment.

[themagician]

yes we had a previouse address,about 6 mths ago.but funny the court say they sent out a letter to me on the 6th oct the my new address,but we never got it,not so funny now they are up £75 for a set a side to be obtained( " i wonder if !!)

no they would,nt would they ????.?:?

[angry cat]

If it were me, I would be asking for proof that said letter was actually sent!

[themagician]

cannot find cca template help please.

also anybody have a uk address for

phoenix recoveries (uk) ltd s.a,r.l.

so i can cca them,cheers all.

[B3rty]

Hi

 

Bookmark this page which has them all and the one you need is no 8

 

The Consumer Forums - Debt collectors

 

Have a look at this page for Phoenix

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/125327-phoenix-recoveries-ltd-r.html

[supasnooper]

Letter 8 here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

 

Phoenix Recoveries (UK) limited S.A.R.L

Phoenix House,

C A M Client Queries

Unit 16, Boundary Business Centre

Boundary Way

Woking

Surrey

GU21 5Dh