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

[themagician]

I would apply for a set aside on the grounds that you never received the claim form and state that you are not aware of the debt. That will get the matter in front of a judge.

 

At the same time I would write (recorded delivery) asking him who the original creditor is and for a copy of the claim form. He'll probably ignore you but you can wave this letter in front of the judge if need be.

sent letter to carter just! asking for info on original creditor,and for a copy of the claims form as we know nothing of this account,also can he supply us with a copy of the original agreement /and notice of assignment of the debt as we would be using this as our defence before a judge.any good ??

[42man]

Magician...this might be one way of going forward.... - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html I don't want to complicate things too much, but have a read, you could also add in your CPR31.16, the notice of assignment and the default notice. I think this would need to go to Arrow possibly as they were the ones who got the CCJ...

[themagician]

Magician...this might be one way of going forward.... - http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html I don't want to complicate things too much, but have a read, you could also add in your CPR31.16, the notice of assignment and the default notice. I think this would need to go to Arrow possibly as they were the ones who got the CCJ...

sorry who,s Arrow???? owe how i love this site!!!!

[42man]

I'm losing the plot, sincere apologies, Phoenix....

[harrassed senior]

Just one thought that has struck me, if you are on benefits (at least some of them) your fees for the set aside would be covered. You can enquire for the relevant details at the same time as submitting the set aside form, or you can down load one. Hope that helps.

[DonkeyB]

Sad to see the subject of your avatar passed away 42man... does this mean you are now the one and only Equaliser?

 

Anyway, I still think having sight of the original claim form could be a key to this, to establish whether BC is up to his old tricks.

 

Magician, can you confirm that you've never had a catalogue/direct goods ordering facility of any kind over the dates mentioned? Apologies if you've stated this elsewhere, it's been a long day.

 

There's always a possibility of identity theft here, but the SAR should show up if there was any activity on the alleged account.

[DonkeyB]

Magician, any news?

 

Donkey

[themagician]

Magician, any news?

 

Donkey

nothing major yet,

sent a cca request to phoenix recoveries uk etc in woking surry GU21-5DH, but it got sent back with po from credit account management,weybridge surrey KT13-3EN tel:0845-8396323,

any connection of these two companys,??

just re-sent it to phoenix again.

[DonkeyB]

I hope you emphasised that it is a LEGAL REQUIREMENT for them to comply with your request?

[teaboy2]

try sending a copy to there solicitor aswell if you have the solicitors details am sure they will have a copy of the cca if there is one.

[themagician]

try sending a copy to there solicitor aswell if you have the solicitors details am sure they will have a copy of the cca if there is one.

yep done that but it is bryan carter were talking about !!! not too worry though set aside then back to court.cant wait.

[rev.ian]

No no you wont go back to court Carter will now discontinue, when he does please go for costs from him.

[themagician]

No no you wont go back to court Carter will now discontinue, when he does please go for costs from him.

sorry?? discontinue! but he already has a ccj against me! even though i have applied for a set aside which i may get why would he now just discontinue ?? please enlighten me ,cheers.

[rev.ian]

If you look around here for Bryan Carter you will see that when he has work to do he discontinues his cases. If you get your CCJ set aside it will be true to form that he will then give up. Unfortunately for me the judge would not set aside my CCJ from Carter as I had left it to long (5 years before I found this wonderful forum to help) the good news is he only went for 10% of the debt, and I now know he can’t go back for more .

[themagician]

No no you wont go back to court Carter will now discontinue, when he does please go for costs from him.

cheers rev, what costs are we allowed to go for at there maximum amount from bryan carthorse! bearing in mind i had to pay the set aside fee of £75.

[jim202]

I have also received a claim form with the incorrect total amount claimed on it.

 

8-)The claimant is asking for £348.08 + £35.00 Court fees and this is incorrect and should be only £248.08 + £35.00 Court fees how do I deal with this any help would be great.

[42man]

Jim welcome to CAG, please do start a new thread as your own situation is likely to get lost (and let us know what the particulars of the claim are first - but don't be too specific !!)...I think you should take a look at this too - http://www.consumeractiongroup.co.uk/forum/legal-issues/162456-help-statute-barred-debt.html#post1744862 and this thread too - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html - just don't miss the deadlines !!

[rev.ian]

you can claim £9.25 per hour spent dealing with this claim. This will help

http://www.consumeractiongroup.co.uk/forum/legal-issues/179849-there-idiots-guide-claiming.html

[themagician]

sent out two cpr requests to brian carthorse KT13-ONT and phoenix GU21-5DH different addresses and different postcodes ,they were both signed for at 7.18am on 26/11/2009 with identical signatures ?????????

how does he do that,the only way i know is to redirect all mail direct to himself,unless you know better enlighten us please. need to know as im gonna try and nail him some how!

[rev.ian]

EXCERPT from 'A Christmas Carol' by Charles Dickens

Now Scrooge (Bryan Carter) was a squeezing, wrenching, grasping, scraping, clutching, covetous, solitary old oyster.

[DonkeyB]

sent out two cpr requests to brian carthorse KT13-ONT and phoenix GU21-5DH different addresses and different postcodes ,they were both signed for at 7.18am on 26/11/2009 with identical signatures ?????????

how does he do that,the only way i know is to redirect all mail direct to himself,unless you know better enlighten us please. need to know as im gonna try and nail him some how!

 

That will be one person signing for a whole bulk load of post - they probably have a special lorry to bring Bryan all his CCA requests and complaints.

[themagician]

dustbin lorrys arnt that special they just bring in all the crap!!

[themagician]

just an update ,no responce from carter with any letters i sent him so applied for a set aside ,received confirmation from court ,so now i get to go head to head with the **** bag in feb 2010 in our local county court,i can feel a culling coming on.

and he aint gonna like it when i hit him with defendants bill of costs for £648.50 that,ll wipe the smile off the snivelling little gits face!!!!

HAPPY NEW YEAR TO ALL CAGGERS:D:D:D:D

[themagician]

please add yourself to this very important new prospect for 2010

CULL BRYAN CARTER "legally" stop this little toe rag in his tracks once and for all.we must put all our effort to get rid of him from our caggers clutches to never grace this dispicable industry again.

CAGGERS RULE IN 2010 AND ONWARDS !:D:D

[Hardupnotfedup]

Can't you just cast a spell?