Hi everyone!!

[rees1970]

Hi all

I'm new here and have just posted a new thread (wrong place prob, sorry).

Having a prob with Bryan Carter, hope someone can advise.

Thank you all!

[Garlok]

Re: Hi everyone!!

Welcome to LB rees 1970.

Not had any dealings with Carter myself, plenty on here who have so I am sure someone will be along shortly to help out. In the mean time use the search engine to have a look around and get some background.

regards
Garlok

[mr.ton]

Re: Hi everyone!!

Whats your prob with the old fool then.....do tell us & we'll be happy to get the idiot off your back for you.

[rees1970]

Re: Hi everyone!!

Hi again!

Thank you for replying!

Been hounded by Brian Carter for best part of last year, and ignored him the whole time, until I answered a phone call in September.

To cut a long story short, they issued proceedings against me, and I was given a CCJ by default on 13th Dec, because I didn't get the claim forms in time (received them on 10th Dec - issue date on forms were 18th Nov).

I applied to set aside judgment, and had my court hearing yesterday morning. The judgment has been set aside on the grounds that the papers weren't served correctly. Nobody turned up at court for Carters but they sent a letter, basically telling the court not to set aside etc. etc. (or legal words to that efect).

Anyway now I need to send my defence to court by the 13th May.

Don't know where to begin! In desperate need of help.

Thank you

[redman]

Re: Hi everyone!!

Start at the begining! What was the debt for, why it wasnt paid etc?....

Secondly, what reason(s) does the claimant give for the application?

[rees1970]

Re: Hi everyone!!

Hi Redman

The claimant is Phoenix Recoveries.

The original debt according to Carter is for Littlewoods. I told them that I don't have a debt with Littlewoods, which is then when he told me it was at my previous address.

I lived at my previous address over 6 years ago, but going by the dates on the POC, it would suggest that the debt was incurred after I'd moved out.

Confused!!!

[redman]

Re: Hi everyone!!

Did you/do you have an account with Littlewoods at any address?

What date did you vacate this particular property and can you prove it?

[rees1970]

Re: Hi everyone!!

I can't remember if I ever had an account with them at my previous address. I think I had one at this address, they changed to Very if I remember, who I still have an account with.

I left my previous address on 24/09/2004. I have a letter from the local council (re-council tax) that says 27th.

[redman]

Re: Hi everyone!!

I am a little confused! It sounds like someone has obtained goods at your previous address via Littlewoods then, not paid for the goods or kept up repayments.

If Littlewoods then changed to Very, you would have/should have been notified in writing.

You can't remember if you had an account or not. In this instance, you are going to have to be sure! You have a document re council tax from 2004. Do you also have documents from Littlewoods/Very? Either way, if you are claiming that the debt is not yours because you were not resident at the property at the time the debt was incurred, you are going to need to provide proof to the court to support your defence. What you need to know, prefferably in writing, is how the alleged debt was incurred and when. A letter to Carters 'without prejudice' may be the first step. Keep a copy of it and the proof of postage to submit with your defence should you not hear back in time.

The claimant would have filed an application with disclosure to the court. Do you have this paperwork? You mentioned above that you received the claim forms on the 10th December.

[rees1970]

Re: Hi everyone!!

It sounds like someone has obtained goods at your previous address via Littlewoods then, not paid for the goods or kept up repayments.

Going by the dates on the POC, yes it would seem so.

If Littlewoods then changed to Very, you would have/should have been notified in writing

Yes I'm sorry I was notified, Very changed from Littlewoods Direct, not sure if they're the same as Littlewoods. They're all a part of Shop Direct.

You have a document re council tax from 2004

The council have recently sent me a letter as proof, on my request.

A letter to Carters 'without prejudice' may be the first step

How do I go about this?

The claimant would have filed an application with disclosure to the court. Do you have this paperwork?

No. I have no idea what this is!

You mentioned above that you received the claim forms on the 10th December.

Yes the original ones. I received them 3 days before the judgment was made.

[redman]

Re: Hi everyone!!

something along the lines of....
WITHOUT PREJUDICE

Dear Carters.....

Your reference.....

You are aware that the above case has been set aside until .......

I require by return post and in any event before 12th May, a full disclosure of your clients claim.

I am not aware of any debt owing to your client and it may be a case of identidy theft that has caused this claim to be brought.

..........

If you still have an account with Very, have you used it since this alleged debt? If so, you might want to mention this to Carters and possibly claim that your account statements do not show any debt!

When you moved home, if you rented, you would have been given a tenancy agreement. A copy of this might assist your defence. If you bought the property, then a completion letter or similar would do the same.

I mention above the 'without prejudice' clause. This means that carters can not use anything you put in the letter against you.

By the sounds of things, you have a defence in that someone else may have obtained credit of some type in your name. If this is what you are claiming, you will need to ensure you have all your paperwork in order! Hope this helps.

[rees1970]

Re: Hi everyone!!

Thank you so much.

I will get this letter sent tomorrow.

I've used Very only recently, and cleared my account in January. I have last months statement.

I was renting my last property, until I bought this house. Would the completion letter to this property assist my defence?

I have obtained my credit reports from all 3 agencies, and there are no records of Littlewoods on any, prior the the CCJ.

Just one more thing. Brian Carter told me the dates on the POC where for when they took the debt over and not when the debt actually occured. Could this be right, or are they just trying to pull a fast one?

[rees1970]

Re: Hi everyone!!

Just another question again, so sorry. Is there an actual template letter I need to send? and also do I need to include a fee?

[WendyB]

Re: Hi everyone!!

you may need to send CPR request to Carters. I think it may be CPR 16 or 18, but not sure.

Also, if the debt goes back to 2004, even if it is yours, it would be Statute Barred by now.

[rees1970]

Re: Hi everyone!!

Hi Wendy B

What is a CPR request? and will i have enough time to do this?