Bryan Carter court papers

[pt2537]

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.

ok

Here we go,

CPR part 18 vs CPR 31.14 Confused? well read here

and

Embarrased Defences and the problems with them.

First thing to hit cater with,

Request under 31.14 which must pursuant to cpr 31.15 be answered in 7 days

secondly, you can seek pursuant to CPR 15.5 seek an extension of time for filing the Defence

So, you dont need to panic unnecessarily

Carters pleadings are ripe for a part 18 request too, id hit him with a request for clarity as to the pleaded case as it seems to me to fail to state adequately the case you are supposed to answer,


what goods is it he claims for?

were the goods supplied on credit?

was there compliance with the CCA 1974 if the goods were supplied on credit terms?

the questions go on and on

[babyskye33]

Re: Bryan Carter court papers

Hi Ben a bit confused by this bit

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 The assignment*

3 The default notice*

4 The termination notice*

5 [any other documents mentioned in the Particulars of Claim]*

* delete if not mentioned in the Particulars of claim.

none of it is mentioned in the particulars of the claim but I would presume he would need to prove them all?

I have had 3 hours sleep and feel dreadful and teary this morning and I am so mad at myself for letting this get to me thank god you are here

thanks
------------------------------- merged -------------------------------
Thanks PT just realised I had missed your post!

[madison85]

Re: Bryan Carter court papers

Nice sharing.. Keep on

[pt2537]

Re: Bryan Carter court papers

There pleadings are typical of debt purchase firms and their solicitors

It is necessary to establish firstly what the "goods" are that he claims


did you have any catalogue accounts at all?

Does this claim relate to a catalogue?

Please clarify then we can assist

[babyskye33]

Re: Bryan Carter court papers

Hi yes I did used to have catalogues but since 2007 I have not had one.

And as far as I know all are settled I did get my crf last year and stuff was showing as settled so I honestly don't know what this is for and I have had no letters at all.

I was upset yesterday now today I am just bloody annoyed. If it does turn out its one I have forgotten then I would rather pay the £600 and go bankrupt than pay them parasites anything.

I have no assets, a basic bank account and it won't matter to my job and I never want credit again so BC and Phoenix can go whistle!

Sorry ranting over

Why is the government letting these parasites get away with this? There is no wonder people do themselves in.

Thanks

[pt2537]

Re: Bryan Carter court papers

Hi yes I did used to have catalogues but since 2007 I have not had one.

And as far as I know all are settled I did get my crf last year and stuff was showing as settled so I honestly don't know what this is for and I have had no letters at all.

I was upset yesterday now today I am just bloody annoyed. If it does turn out its one I have forgotten then I would rather pay the £600 and go bankrupt than pay them parasites anything.

I have no assets, a basic bank account and it won't matter to my job and I never want credit again so BC and Phoenix can go whistle!

Sorry ranting over

Why is the government letting these parasites get away with this? There is no wonder people do themselves in.

Thanks

your rant may well be absolutley misguided

i dont have time to say why at the moment, but it is something which i believe you may be able to fight,

Im out with the family at the mo, but i will post when im back later,

Please try not to stress out

[babyskye33]

Re: Bryan Carter court papers

Right I have done my form online and sent off the CPR to Bryan Carter so lets see what happens now!

I have also noticed that on the claim form it says Ms and not Mrs I don't know what difference if any this will make.

Does anyone know if the court checks details ie DOB my hubby is convinced that maybe someone from one of our previous addresses has possibly used some of my details to obtain goods!

Thanks Baby.

[WendyB]

Re: Bryan Carter court papers

That could well be the case, it happened to a friend of mine when they moved house the new tenants used her sons details to obtain credit.

[nicknick]

Re: Bryan Carter court papers

This is courtesy of pt2537 and another member on another site:-

you send the Court three copies of your defence

type a cover letter saying

Please find enclosed herewith the Defendants Defence. Please seal the enclosures, serve upon the Claimant and return surplus copies to the Defendant

That should be sufficient,

let the Court seal it before Carter gets it, that will make him piddle his pants heavily

In the XXX County Court
Claim number XXXXXX

Between:

Phoenix Recoveries - Claimant

and

xxxxxx - Defendant


Defence

1. The defendant has no knowledge of entering into any form of purchase agreement with the claimant and is embarrassed by the lack of detail supplied within the claim. Having no knowledge of any sales/purchase agreement for "goods" supplied and delivered to the defendant by the claimant the defendant is unable to either admit or deny anything which is not expressley denied within this defence.

2. The defendant denies ever purchasing goods from the claimant.

3. The defendant denies ever receiving goods from the claimant.

4. The defendant puts the claimant to strict proof of the following:-
(i) That the defendant purchased goods from the claimant.
(ii) The date(s) of any such alleged purchases.
(iii) The delivery times of these alleged purchases.
(iv) The delivery addresses of these alleged purchases.
(v) Proof of a purchase/sales contract between the defendant and the claimant.

5. Prima facie the Claimant knows or ought to know that there is no contract between the Defendant and the Claimant for the supply of goods as pleaded, therefore the Claimants claim is speculative and furthermore amounts to an absolute abuse of the process. Accordingly the Defendant avers the Claim ought to be struck out as an abuse as the Claimant holds no cause of action and therefore the Claimants conduct is unreasonable in bringing a claim without foundation.

6. The Defendant seeks the Claimants claim to be dismissed with an order as to costs thrown away in favour of the Defendant.

Statement of Truth
I, INSERT NAME HERE, the Defendant believe that the facts stated in this Defence are true.
Signed …………………………………………
Dated

[babyskye33]

Re: Bryan Carter court papers

Thanks Nick

[babyskye33]

Re: Bryan Carter court papers

Well I got another letter of BC this morning, not acknowledging my request but one saying please ring there is still time to sort this out! The cheeky swines. If I do not get anything back from them do I just put in my defence? but add that I requested info and they did not send it.
many thanks

[pt2537]

Re: Bryan Carter court papers

Well I got another letter of BC this morning, not acknowledging my request but one saying please ring there is still time to sort this out! The cheeky swines. If I do not get anything back from them do I just put in my defence? but add that I requested info and they did not send it.
many thanks

the defence which was posted by nicknick is sufficient for the Claim which they are bringning against you

you dont need to add anything, the failing to provide info is not something for the Defence

[babyskye33]

Re: Bryan Carter court papers

Thanks PT

[babyskye33]

Re: Bryan Carter court papers

This is courtesy of pt2537 and another member on another site:-



In the XXX County Court
Claim number XXXXXX

Between:

Phoenix Recoveries - Claimant

and

xxxxxx - Defendant


Defence

1. The defendant has no knowledge of entering into any form of purchase agreement with the claimant and is embarrassed by the lack of detail supplied within the claim. Having no knowledge of any sales/purchase agreement for "goods" supplied and delivered to the defendant by the claimant the defendant is unable to either admit or deny anything which is not expressley denied within this defence.

2. The defendant denies ever purchasing goods from the claimant.

3. The defendant denies ever receiving goods from the claimant.

4. The defendant puts the claimant to strict proof of the following:-
(i) That the defendant purchased goods from the claimant.
(ii) The date(s) of any such alleged purchases.
(iii) The delivery times of these alleged purchases.
(iv) The delivery addresses of these alleged purchases.
(v) Proof of a purchase/sales contract between the defendant and the claimant.

5. Prima facie the Claimant knows or ought to know that there is no contract between the Defendant and the Claimant for the supply of goods as pleaded, therefore the Claimants claim is speculative and furthermore amounts to an absolute abuse of the process. Accordingly the Defendant avers the Claim ought to be struck out as an abuse as the Claimant holds no cause of action and therefore the Claimants conduct is unreasonable in bringing a claim without foundation.

6. The Defendant seeks the Claimants claim to be dismissed with an order as to costs thrown away in favour of the Defendant.

Statement of Truth
I, INSERT NAME HERE, the Defendant believe that the facts stated in this Defence are true.
Signed …………………………………………
Dated

Hi everyone hope you all had a great christmas :santa_wink:

Quick question I will be entering my defence online today and intend on using the above. However it says I have enclosed 3 copies please seal 1 and send to scumbags and return the other 2, shall I just leave that part out? or shall I put please send scumbag a sealed copy?

Many thanks baby

[babyskye33]

Re: Bryan Carter court papers

Forgot to say I have still not heard anything off BC.

thanks