Bryan Carter

[nnbirtwistle]

Pleae could someone help me.

I received a form N1 from Bryan Carter regarding a debt owed from years ago.

I did not pay the original debt with Littlewoods as i was in dispute with them regarding a camera that was sent back to them that was faulty and was lost in the post. Proof of posting was sent to them but my account was never amended. They just tried to pass the buck saying the camera should have been sent back to Kodak.

Anyway i have aknowlegded the above form and let it be known that i will be defending the claim.

I have also sent a letter to Bryan Carter asking for my statements and copies of the credit agreement and any other info that they hold so that i can compile a defence.
However today have recived a letter from Bryan Carter informing me that they are no longer instructed in connection with this matter and have returned the account to their client Phoenix recoveries.

What i want to know is do i still have to issue a defence which has to be done by the 3rd of November and how can i prove that the money owed is not correct if they dont send me my statements.?

Thankyou

[Caspar]

Re: Bryan Carter

Keep the letter saying Bryan Carter are no longer innstructed (it may be useful in the future if things drag on). Otherwise I would ignore everything for the moment and wait till you hear from someone. If the debt was over 6 years ago it is still owed, but cannot legally be collected as it becomes "Statute Barred."

Sadly this doesn't stop some companies trying to collect them. Don't worry and wait to see what they do next, they won't take you to court for a long time yet I doubt - in fact I suspect they never will, they like to make threats which bully people into paying.

[nnbirtwistle]

Re: Bryan Carter

Will i still have to file a defence or do i just ignore this now that Bryan carter are no longer acting for Phoenix recoveries in this matter.

[Curlyben]

Re: Bryan Carter

What EXACTLY does the POC say ?

Also who is listed as the claimant, etc..

[The Debt Star]

Re: Bryan Carter

If the debt was over 6 years ago it is still owed, but cannot legally be collected as it becomes "Statute Barred."

Sadly this doesn't stop some companies trying to collect them.

Can they still register a Default with the CRAs on statute barred debts?

[nnbirtwistle]

Re: Bryan Carter

Particulars of claim are for the price of goods sold and delivered by the claimant to the defendant between 2003 and 2008.

The claimant is Phoenix recoveries (UK) LTD Sarl 25B Boulevard Royal L-2449 Luxembourg.

The address to send documents is Bryan carter in Surrey.

[Curlyben]

Re: Bryan Carter

I would be inclined to call the court, I assume it Northampton Bulk centre, and see if Mr C has filled a discontinuance notice on this one.

You can always ask their advice as you have been told by Mr C they are no longer handling this case..

[nnbirtwistle]

Re: Bryan Carter

Post has just been and i have received a letter from Bryan Carter stating that the claim has now be discontinued.

Do i have to contact the court to check that this true and send a copy of the letter.

Does anyone also know what will happen next will the debt be sold on and will i have to defend another county court claim.

thanyou

[Curlyben]

Re: Bryan Carter

Give the court a call anyway just to be sure

It may be passed on, but I doubt anyone else will file action.
Mr C is well known for "abusing process", allegedly.

[WendyB]

Re: Bryan Carter

There are specific rules following discontinuance, CPR part 38 I believe it is.

Won't do any harm to check with the Court that he has indeed discontinued, same thing happened to me then Bryan resurrected it a few months later, only to have shot himself in the foot already (which we seriously enjoyed pointing out to him!) and he had to give up again lol.

[nnbirtwistle]

Re: Bryan Carter

I thank the site for all the info that i got when writing the original letter to Bryan Carter and was just thankfull that i did not have to file a defense.

I will ring the court and see if it has been discontinued (cross my fingers) and what if any thing i do next.

Thanks again to all those who responded to my post and other posts as i would not have know that Bryan Carter has a duty of disclosure when pursuing a claim.

[Curlyben]

Re: Bryan Carter

That's what we're here for, especially when an "old friend" is involved

[WendyB]

Re: Bryan Carter

That's what we're here for, especially when an "old friend" is involved

Dunno as Bryan would class us as friends, I'm sure I'm not on his Christmas card list!!

[nnbirtwistle]

Re: Bryan Carter

I have been on his Christmas card list for the last six months.

He is that caring that when he cant contact me over the phone he will even send a text message making sure im ok.

Im so sad are friendship had to end so suddenly with litigation.

[WendyB]

Re: Bryan Carter

LOL.

Don't worry, he'll probably come back in a few months time....he's a glutton for punishment is Bryan.