Hi everyone!!

[rees1970]

Re: Hi everyone!!

Nothing through the post today from Carter!

[charitynjw]

Re: Hi everyone!!

Hi rees,

Today is a bit of a landmark day (as you've probably guessed if you've been watching the forum, lol).
I suggest that you 'bump' your question when you're about to fall off the radar.

[rees1970]

Re: Hi everyone!!

Nothing again today from Brian Carter, so I now need to get my defence sorted. Need help to know where to start with this.

Thanx all

[rees1970]

Re: Hi everyone!!

Anyone ??

[MIKE770]

Re: Hi everyone!!

Bump

[rees1970]

Re: Hi everyone!!

Bump!

[CleverClogs]

Re: Hi everyone!!

There are several points that I could use in my defence, depending on what info I get from Carter, if any.

I may be proved wrong, but I doubt that you'll get anything from Barmy Carter as Phoenix appear to have sold the alleged debt to Mucky Hall.

Has Barmy Carter made another POC and, if they have, who is the creditor stated to be?

1. Phoenix recoveries(Creditor) do not deliver or sell goods, so how can I owe them anything.

That is probably irrelevant, as the OC will have assigned the alleged debt to Phoenix Recoveries.

2. Carter tells me over phone that OC is Littlewoods, dates on POC - I have been living in my
current address between those dates, and do NOT owe Littlewoods anything.
3. Carter then tells me the debt is from my previous address, in which case the debt would
now be statute barred.
4. If the debt was from my previous address as suggested, and during the dates on the POC,
then it would be a case of identity fraud, as I had already moved.

Have you informed Pheonix and/or Barmy Carter of those facts and, if you did, what were their responses?

[rees1970]

Re: Hi everyone!!

I may be proved wrong, but I doubt that you'll get anything from Barmy Carter as Phoenix appear to have sold the alleged debt to Mucky Hall

If Phoenix has done this, shouldn't I have been told though?

Has Barmy Carter made another POC and, if they have, who is the creditor stated to be?

Haven't heard anything more from Carter.

Have you informed Pheonix and/or Barmy Carter of those facts and, if you did, what were their responses

I told them all these points on the phone, they weren't interested!
When they mentioned my previous address, i said the debt would be statute barred, they said that was a common misconception, that it was 12 years not 6, I argued that they were wrong in this case, to which he replied "I'm a solicitor and I know the law" etc.... This was when they took it to court and rang me every day telling me that I should put in a defence, not listening to me trying to tell them that I hadn't received the papers! idiots! It all happened very quickly.

I need to submit my defence by 4.00 pm on Friday. Not sure where to start.

[WendyB]

Re: Hi everyone!!

Hi rees

have been having a look at some other threads, and thought this may come in useful. Make a start on your defence and then post it up on here later. Add in any further points you think might be useful, such as Bryan's failure to comply with CPR, and any relevant stuff as per your earlier post. Although to be fair, I don't know that you actually need anything other than the fact it's SB.

Have a look at other defences to get the general idea of wording etc. I might have one on my Bryan thread, I'll have a look and find a link, if there is one.

From my experience with Bryan, once he realises you are not going to cave in and cough up, he will discontinue and scuttle back under his stone.

Copied from marathonPaul's thread, post #10

So you will really need to be able to say

1) it is barred by limitation due to the last payment and acknowledment of the debt being XXX DATE

2) the Defendant has not moved during this time nor has he made any efforts to conceal his whereabouts from the creditor

3) the Claimants claim must therefore fail as it is barred from success due to the limitation act 1980

If you cannot establish that for the judge then its likely that summary judgment would be refused in favour of the case being heard before the trial judge.

Read more at: Cabot / Morgan Claim - Legal Beagles Consumer Forum

[WendyB]

Re: Hi everyone!!

Here you go, have a look at this, post #79 onwards. It's not the same as yours, but it will give you the general idea. Make sure you start with the SB first though. And as I said, I'm not sure you will even need to use the other TP's, but then again, why not chuck the lot at him?
I'll get Curly to pop in and have a look later.

N1 served AGAIN - Bryan Carter - SORTED AGAIN !!! - Page 4 - Legal Beagles Consumer Forum

[rees1970]

Re: Hi everyone!!

Thanx WendyB

Can I use Statute Barred in my defence though, as the dates on the POC are not over 6 years old, and I was only told on the phone that the debt was at my old address, I have nothing in writing from Carter to confirm this.

[WendyB]

Re: Hi everyone!!

right then, to use SB one would presume you need absolute proof that is is SB. So in that case, probably you need to defend saying you can't properly defend because you have had no CPR reply from Bryan. A sort of "holding" defence. There's one of those hanging about somewhere too, buggered if I know where it it though. I'll PM a few peeps, see if we can find it.

[WendyB]

Re: Hi everyone!!

have found this on another thread.. It's a bit old though so not sure if we still use it. But it's a basis for a start, anyway. Amend to suit, then post up. If it's complete rubbish and I've led you up the garden path then no doubt someone will correct me

Defence required for court claim - Legal Beagles Consumer Forum post #10.

Defence
1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.


2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

Read more at: Defence required for court claim - Legal Beagles Consumer Forum

[CleverClogs]

Re: Hi everyone!!

I may be proved wrong, but I doubt that you'll get anything from Barmy Carter as Phoenix appear to have sold the alleged debt to Mucky Hall

If Phoenix has done this, shouldn't I have been told though?

Yes, you should - and so should the court!

Has Barmy Carter made another POC and, if they have, who is the creditor stated to be?

Haven't heard anything more from Carter.

The original CCJ was set aside on 26/4/11 and BC seems to be going ahead with the same POC?

Have you informed Pheonix and/or Barmy Carter of those facts and, if you did, what were their responses

I told them all these points on the phone, they weren't interested!
When they mentioned my previous address, i said the debt would be statute barred, they said that was a common misconception, that it was 12 years not 6, I argued that they were wrong in this case, to which he replied "I'm a solicitor and I know the law" etc....

It is most unfortunate that you have neither a recording of that flim-flam nor a written statement to that effect. I feel sure that the Law Society might be quite eager to help that person overcome his evident delusions of adequacy.

This was when they took it to court and rang me every day telling me that I should put in a defence, not listening to me trying to tell them that I hadn't received the papers! idiots! It all happened very quickly.

Did Barmpot Carter even send a letter before action or suggest mediation, as is required under the pre-action protocols?

I need to submit my defence by 4.00 pm on Friday. Not sure where to start.

A useful start would seem to be to deny that you ever owed the money to Littlewoods as, according to the dates given on the POC, you were living at your present address at the time and where you currently have a Littlewoods/Very account which is perfectly in order.

Add that you made a request to BC for documents - enclose copy of the letter and proof of delivery if possible - yet nothing has arrived.

Possibly add that you have also received a letter from MacKenzie Hall stating that they rather than Phoenix Recoveries now own the alleged debt.

[rees1970]

Re: Hi everyone!!

Thanx CleverClogs

I've had no information about the debt being resold, no letter before action (as far as I can see) and no offer of mediation. As soon as I mentioned Statute Barred they seemed to rush to get it to court!

RE the CPR request, I have a copy of the letter, the postage receipt and proof of delivery.

RE the letter from Mac Hall. I have no proof that it's the same debt, it just all seems very
coincidental, as I have never heard from them before.