Hi everyone!!

[redman]

Re: Hi everyone!!

Sorry, should have mentioned that I was going along the lines the debt was not yours rees...

If the debt did turn our to be yours, then depending on dates, could be statute barred. (Seem to remember something about this rule not applying where contact has been made with you though)

Still think you need more information to prepare a watertight case!!

[rees1970]

Re: Hi everyone!!

The whole thing's so confusing!!

[rees1970]

Re: Hi everyone!!

Anyone out there with a great love of Brian Carter??

[Curlyben]

Re: Hi everyone!!

OK what EXACTLY does the POC say.
Also, as mentioned earlier concerning CPR have a read of this: DCA: Using CPR 31.14 to Your Advantage - Consumer Wiki

Mostly Mr C is all bluster but little substance.

[rees1970]

Re: Hi everyone!!

Hi Curlyben

Particulars of Claim

THE CLAIMANT'S CLAIM IS FOR THE PRICE OF GOODS SOLD AND DELIVERED BY THE CLAIMANT TO THE DEFENDANT.

PARTICULARS

CLAIMANT'S A/C NO XXXXXXX
TO GOODS SOLD BETWEEN 30/09/2004 AND 29/09/2009 AND THE CLAIMANT CLAIMS 150.39

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 12.03.

[Curlyben]

Re: Hi everyone!!

And the claimant is Pheonix Recoveries ?!?!

[rees1970]

Re: Hi everyone!!

yes it is

[Curlyben]

Re: Hi everyone!!

Well that's a wonderful pisch poor POC from Mr C as per normal !!!

As Pheonix Recoveries does NOT supply any goods or services then how could they deliver anything to you at all !!
So there's the crux of your defence.

The rest is academic TBH.

[rees1970]

Re: Hi everyone!!

So what do I do next??

[Curlyben]

Re: Hi everyone!!

Calm down for starters, but I'd be inclined to fire the CPR letter at Mr C anyway.

Unfortunately I cannot advise on the actual defence, but there's a few knocking around the site.
Either way he has shot himself in the danglers with this.

[rees1970]

Re: Hi everyone!!

Thank you

I didn't use the fact that phoenix don't buy and sell in my form to set aside, will this matter now?

I will have a look at the CPR letter. Not sure if I'll make any sense of any of it though.

Will I have enough time for this or is there a way I can ask the court for more time?

[Curlyben]

Re: Hi everyone!!

You have plenty of time for this.

[rees1970]

Re: Hi everyone!!

Thank you

I will have a look at the CPR letter, not sure if I'll make any sense of it though!

I didn't use the fact that Phoenix don't sell goods in my set aside application, will this matter now?

Have I got enough time for this, or is there a way I can ask the court for more time?
------------------------------- merged -------------------------------
oops

[Shepherdess]

Re: Hi everyone!!

Even if it WAS your account it's unlikely there would be an agreement.
You need to send Carter a CPR 31.14 request for a copy of the agreement relating to the account and statements for the duration of the claim showing how the balance was reached. You also need to send a part 18 request asking for information:
1. Do you hold a signed Consumer Credit Agreement for this account? 2. Was a Default Notice issued in respect of this account? 3. What date did Phoenix Recoveries purchase the account and was a Notice of Assignment sent?

Just for starters, others will no doubt think of more!

Also, as this would be an agreement regulated by The Consumer Credit Act 1974, they can only claim post judgement interest if it is in the agreement. Their claim for s 69 interest is invalid, as far as I know...Curly?

The other thing I would do is send a Subject Access Request to Littlewoods..this should produce all the data they hold on you so you can ascertain what products were purchased, date/place of delivery etc to help prove its not your debt.

Shepherdess x

[Curlyben]

Re: Hi everyone!!

What did you say in the set aside ?