Bryan Carter court papers

[babyskye33]

Hi I am new to the site and hopefully someone can advise me on what to do.

I have received a county court claim form this morning which Bryan Carter has instigated on behalf of phoenix recoveries luxembourg for a debt which after their charges amounts to 2,500 .

I do not recognise this debt at all and all it says is for goods issued between apr 04 to sept 09 so pretty random. Obviously I am going to dispute this debt because i have no idea what it is for.

In 2007 we had a pretty rough time we had the house repossessed etc etc but we were lucky because the house was sold and even though we paid £20,000 in charges! we did get £10,000 back and we paid off all our debts catalogue, credit cards etc with this money and we have not bothered with credit since so this claim for goods supposedly up until last year is puzzling plus we have moved 3 times since.

So after rambling on my question is this what do I do now? do I just put on the court papers I do not know what this debt is? and also what about Bryan Carter?

Any help would be much apprieciated.

Baby x

[Curlyben]

Re: Bryan Carter court papers

Mr C is well known on this site and view with extreme suspection.
You MUST defend this action.

Could we please have the PoC as stated on the claim form.
Also you need to get a request under CPR 31.14 in the post to Mr C soonest.
Information here: DCA: Using CPR 31.14 to Your Advantage - Consumer Wiki

Now times are very important.
You have 14 days from date of service to acknowledge the claim and then a further 14 days to file a defence.
As this is a Nothampton claim it can be done online.

I suggest you leave both until closer to the deadlines to allow you as much time as possible.
So Acknowledgement needs to be done by 17th and defence by 31st.

[babyskye33]

Re: Bryan Carter court papers

hi thanks for your reply the poc says

the claimant's claim is for the price of goods sold and delivered by the claimant to the defendant

Particulars

claimants a/c no xxxxxxxx
to goods sold between 01/10/2004 and 30/09/2009 and the claimant claims 2225.47.

the claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 178.04.

The issue date is 29 nov.

many thanks

[PH42]

Re: Bryan Carter court papers

Hi all

I was in the same position a couple of months ago and the defence I used was that the claimant was a DCA therefore the the debt was statute barred, going by your dates for pheonix recoveries i think this would also apply.

I soon received a letter from BC stating that my balance was £0:00

Hope this applies

[babyskye33]

Re: Bryan Carter court papers

Thanks, though looking at the dates they reckon I had received goods last year which I most certainly did not , after typing my answer back to Ben it sounds like a catalogue or something like that which I do not have.

thanks

[Curlyben]

Re: Bryan Carter court papers

Oh dear.
Yet again Mr C twists procedure to get a case listed and taking the whatsit on the way.
This is completely typical of this firm.

You MUST get the CPR request sent, soonest.

So can I assume that Mr C is acting for Phoenix recoveries, a DCA ?

Have you had any contact from these people at all concerning this debt ?

PH42, this is NOT statute barred as the last date is 2009 !!
Please be careful.

[babyskye33]

Re: Bryan Carter court papers

Hi Ben yes that is correct bc is acting for phoenix recoveries and I have not had any letters off them at all. Back in 2007 we had dca letters coming out of ears but they were settled in 2007 and even on the off chance we missed 1 where they got goods delivered up to last year from i do not know they are taking the michael.

Plus we moved into our current property in 2008 so it just does not add up at all .

I will send them the CPR request do I need to send any money with it?

Thanks

[Curlyben]

Re: Bryan Carter court papers

Nope, no cash required.
As this is the subject of legal action the rules change.

Have a read through the link I posted and shout if you need help with anything.

[babyskye33]

Re: Bryan Carter court papers

Thanks I have had a read, but kids running around at the minute so will have a proper read later.

Thanks

[PH42]

Re: Bryan Carter court papers

Sorry CurlyBen

Just stated what I had done in the hope it would help, will leave it up to the master form now on, sorry again

[Curlyben]

Re: Bryan Carter court papers

Thanks I have had a read, but kids running around at the minute so will have a proper read later.

Thanks

Better to be focused.
If you have any other information that could prove useful that would be great.

Sorry CurlyBen

Just stated what I had done in the hope it would help, will leave it up to the master form now on, sorry again

No worries. Mr C is well known for abusing process in this manner in the hope of getting default judgements from scared people.
Acuracy is important

[PH42]

Re: Bryan Carter court papers

I wish I had found this site a couple of years ago as I have been dealing with BC for a while now, wrongly by what I have read on here

[Curlyben]

Re: Bryan Carter court papers

Hey PH, get a thread posted with what's been going on.
It really helps to get other views..

[PH42]

Re: Bryan Carter court papers

Will do Ben

It will take a few days to get all info together to be honest, so will sort as soon as possible, still dealing with them and recently used some of your advice with some good effect so I will definately be carrying this on. I also have other issues especially with Welcome Finance so I will post a different thread for that one, I am sure that your team will love this one when I can finally describe in words what has been going on.

Speak soon hopefully

[Curlyben]

Re: Bryan Carter court papers

PH, good man.