Friends Unknown carter CCJ for Cat 'debt'

[gh2008]

There's lots of info about the activities of Phoenix here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/245594-mortgage-shortfall.html and on the threads linked to from that thread

 

If you have a spare £10 you could SAR the OC as well .... you never know what it might turn up. SARs rarely turn up nothing useful.

 

In the one to Phoenix I would send a cheque (pref signed by someone else) that way it's less hassle if it doesn't get where it needs to go.

 

gh

[themagician]

your sar to phoenix stands more chance of being opened by the pope!

cpr bryan carthorse now! i think prob is with sar the oc they can take 40 days to reply! am i right.

so what i did was cpr the oc aswell as carthorse, and it costs nothing but postage,it just shows the judge that you made all attempts to get the info legally required to defend your case,to which i will tell you now carthorse will not reply,you stand more chance of getting a sun tan at midnight tonight!

[sleepingdog]

Hi , the item that was not delivered but charged for was from Marshall ward, but on the POC it stated items sold and delivered by pheonix and that was why we were going to SAR pheonix.

sleepingdog

[themagician]

Hi , the item that was not delivered but charged for was from Marshall ward, but on the POC it stated items sold and delivered by pheonix and that was why we were going to SAR pheonix.

sleepingdog

if it was sold and delivered by phoenix have you any paper work with phoenix headed paper?? i bet you have not.

as it doesn't exist.

phoenix is not a retail sales or logistics company!. ask our bryan carthorse.

[The GodMother]

Yes you will be able to get this set aside on the basis that no warning had been received so no defence could be put forward, and the fact that this is disputed anyway with the OC, all good valid reasons for getting this set aside.

 

As for BC, Report him to the SRA and mention that he has passed her details onto Eurodebt, make a formal complaint to eurodebt, and report them to the OFT and TS via consumer direct for cold calling.

 

Whether BC passed on the details or not, still complain about the horrible little fat man.

 

 

I can say l dont think it was BC. I know somebody who got a ccj who also got contacted by Euro Debt and the ccj was not a company just private ppl like you and me.

[The GodMother]

Hi all , quick update . Got back copies of CCJ from court. POC =1) The claim is for price of goods sold and delivered by the claimant to the defendant.2) claimants A/C No ?????? to goods sold between 08-03 and 08-08 and the claimant claims x amount.3) the claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date at the rate of 8% per annum amounting to xxx amount.

CLAIMANT phoenix recoveries (uk) ltd s a r l re sdfs recoveries 25b boulevard royal l-2449 luxembourg.

name & address for service BRYAN CARTER & Co

Now Phoenix did not sell or deliver to the defendant. Marshall Ward should have delivered.

The actual date of order was 08-03 and due to order not being delivered it was in dispute around same time.

So grounds for set aside ? no contact at all before CCJ issued by claimant.

No court papers at all received from court. Particulars of Claim both totally incorrect as well as vague (dates).Should be statute barred.

Any thoughts are welcome , before I begin to fill in N244.

sleepingdog

 

 

Just to those who dont know but Phoneix are claiming RE SDFS recoveries.

 

SDFSrecoveries are the old debt collectors for Shop Direct Financial Services now know as NDR.

[sleepingdog]

Hi The GodMother , thanks for that input, I guess that a CCA needs to go out to Marshall Ward then.

Also just had first correspondance from BC, now threatening bailiffs stating court fees and costs for bailiff will be £72.75 and the warrant will also be not less than £100 adding another £172.75 to the bill , but good old BC has given friend 10 days to pay before he sends bailiff around. How nice of him.NOT.

sleepingdog

[MARTIN3030]

Thread moved here.

[The GodMother]

Sleeping dogs put the account into dispute with BC and tell hem no they are not having money then cca MW.

 

How old would the MW account be as i can say my old MW account has not cca and that was 2003-2005.

[sleepingdog]

Hi GodMother ,from what my friend remembers the item ordered and not received was from 2003, she disputed that fact at the time with marshall Ward and did not pay for the undelivered item. She never ordered anything else from Marshall Ward after that incident. So account disputed 2003 & nothing paid since 2003. Hopefully she will get CCJ set aside and BC backs down , if he does not then we will shoot him down in court lol.

sleepingdog

[gh2008]

If this all happened in 2003 and there has been no contact since then the claim is statute barred anyway.

 

You *will* get it set aside & then thrown out on this basis only with no other CCAs or other 'stuff' needed.

[sleepingdog]

Thanks gh2008.

sleepingdog

[sleepingdog]

Hi everyone, a lot has happened since my last post. Got a date for set aside, Mr Carter sent my friend and the court manager a 2 page statement of why the set aside should not go ahead , both MW and Mr Carter kindly told both my friend and the court that no agreement was available lol , they also gave reasons on why they could not be at the court. Well the judge on the day seemed quite cold to my friend but eventually allowed the set aside. The final defence was later submitted to the court and also to Mr Carter who informed us that he is no longer acting for Phoenix. It's not completely over for my friend yet , a few more Ts need crossing but it is most certainly over for Bryan Carter.

Anyway will update when we know more.

sleepingdog

[DonkeyB]

Excellent! What reasons did they use to propose no set aside be granted? With no agreement, I can't imagine!

 

Good work.

[vjohn82]

Great news... the set aside is the hard part in my experience ;-)

[sleepingdog]

Hi vjohn82 , yes I agree, I thought at one stage that we wasn't going to get it.

hi DonkeyB, reasons for not allowing set aside :- judgement properly obtained ( no it was not). Claim was served at last known address of defendant ( It was not served at all). Claimant contacted defendant on long list of dates ( No they did not). Claim is one of a simple debt ( no it was regulated by the 1974 consumer credit act and the claimant had disregarded most of the regulations that held within it regarding enforcement). Due to age of debt the agreement is not available ( There never was any agreement). The defendant has not explained the delay ( try reading the defence then). The setting aside would be prejudicial to the claimant ( not setting aside would be both prejudicial to the defendant and the laws of the land). It is not commercially viable for us to appear on behalf of claimant ( why if you have a strong case , the defendant would be ordered to pay your costs if the set aside wasn't granted.

Do I need to type in any more of this utter rubbish lol.

 

sleepingdog

[DonkeyB]

Think that says it all... Carter is such a stupid prat.

[sleepingdog]

Hi all , just to update everyone that has contributed to this thread and make anyone else aware of how Carter works, After my friend got the CCJ set aside Carter then sent letter stating that he was no longer acting for client yet when we submitted completed allocation to court it was Carter who contacted my friend stating that he had discontinued with the case. I think that we have now won but wait to hear if other caggers think otherwise.

sleepingdog

[DonkeyB]

A good result then! Well done.

[The GodMother]

Have your friend recieved any confirmation from the court re this?

[sleepingdog]

Hi GodMother, nothing from court yet. I will tell her to contact the court and find out what they know.

sleepingdog