can they settle out of court and pass the debt on!!!

Lilly_May_2

Hi everyone, back after a short period of three months, I thought I had Bryan Carter sorted, (ref Littlewoods cat) but it seems that he has passed/sold my debt to a Company called Red Castle Recoveries in Worthing, I received a letter from them today, giving me 7 day to repay (these were all late charges) 358.74 pounds or they would be taking me to court......
I have left a few quotes below to give you an idea of what happened before.....I cancelled my counterclaim, as did Bryan Carter as he said he would not pursue the matter if I dropped the matter, the judge threw it out at the end of December 2009 ( Court has a copy of the letter from Bryan Carter saying he would drop the claim and not pursue it any more)...I thought that would be the end of it, but oh no.....so guys I think what I need is a really snotty letter with the help of your guys (as I know you are so good at them) telling this Red Castle where to go.....

Can they really do this after taking it to court and withdrawing/backing down...just sell the debt on, is it lawful, to do that???......

copy of my letter that I left with the court..back in October 2009

Dear Sir/Madam
I wish to put in a request to have the Counterclaim against case number XXXXXXXX, withdrawn…it seems that the Claimant a Bryan Carter @Co and I have come to a agreement….letter enclosed. As I am happy with this agreement. I will withdrawn my Counterclaim against Bryan Carter. I still wish my defence to stay in place….in case it will be required in the future, which I trust it will not be……
basically Bryan Carter said he would not pursue the matter if I dropped my counterclaim against him, I said Ok, if he done the same and didn't pursue the matter..which he did, or maybe not, (due to this letter from Red Castle)....anyone any thoughts, ? other than to ignore this letter from Red Castle, but there isn't any point , as they will just chase me, letters, phone calls. just want it sorted now.....many thanks.....:)...Lilly

hicskis

What you need is legal advise - try the Citizens Advise Bureau if you have no where else to go.

natweststaffmember

What was your defence based on just so we know what exactly the issue is?

Lilly_May_2

**Natweststaffmember**
It was based on unlawful charges..../late payments..Bryan Carter offer to drop the case, as I had put in a counterclaim...in his letter he said he would not pursue the matter, if I dropped my counterclaim, and he dropped his...(which we both did).
I have left a copy of his letter along with mind, (see my post above) with the court..how can he lawfully pass/sell this so called debt on to another company!!!!it was struck out of court by the Judge in December 2009!!!!..
In my letter to the court I said 'I wish this defence to stay in place in case it will be required in the future, which I trust it will not be"...:)...Lilly

hicskis

I'm guessing he's playing with a technicality in so far as he would not pursue the matter if you dropped your claim. You did that but i'm guessing failed to set that in stone - legally. You probably left the door open.

Get legal advice and do it now.

natweststaffmember

Lilly_May wrote: »

**Natweststaffmember**
It was based on unlawful charges..../late payments..Bryan Carter offer to drop the case, as I had put in a counterclaim...in his letter he said he would not pursue the matter, if I dropped my counterclaim, and he dropped his...(which we both did).
I have left a copy of his letter along with mind, (see my post above) with the court..how can he lawfully pass/sell this so called debt on to another company!!!!it was struck out of court by the Judge in December 2009!!!!..
In my letter to the court I said 'I wish this defence to stay in place in case it will be required in the future, which I trust it will not be"...:)...Lilly

Did you reclaim the charges from the account?
I was trying to ask you in a roundabout way whether this was about CCA enforceability. There is clearly a balance outstanding but you need to make sure that the charges are reclaimed so that any legitimate debt can be dealt with.

Lilly_May_2

**Natweststaffmemeber**...

Hi its wasn't a CCA, (I did ask Bryan Carter for one, but he didn't/couldn't come up with it) I have 358 pounds outstanding with Littlewoods, it was all late charges,(I hadn't actually paid the late charges back) all pre ordered items had been paid for, so to get the charges dropped as unlawful I was quite happy to do....
Bryan Carter done the usual and wanted to take me to court, so I took out a counterclaim, once Bryan Carter received notice of this, he wrote and said if I dropped the counterclaim, he would do the same and he would not pursue the matter in the future...I was in touch with Amethyst during all of this time and she guide and supported me, I done what she suggested, I have left a message on the 'other boards' but have had no response....
we both thought that was the end of it, which it was...but now this letter from Red Castle!!!!
I am just confused that it was settled with Bryan Carter, yet he has passed/sold this debt on....
what was the point of all the hassle, filling in court forms, paying for the counterclaim...basically running around like a head less chicken to get this sorted, only to find this happen....it makes me so cross...(not with you guys, sorry if I seem a bit cross...:()

Its like all these people with credit cards that have had they late payments scrapped,( I know people didn't actually get refunds in some cases, just the debt written off(the late payment charges) then the bank passing/selling the debt on to a company to try and get payment. it would open up a flood gate for all these Banks, if they were allowed to do that!!!!..and would they be allowed to!!!.;)...Lilly ps I am Lilly the flower,'over the road' if you need to check or follow the rest of this saga...:)

natweststaffmember

I'll give amethyst a shout on this one

Lilly_May_2

Thank you Natwestaffmember, I couldn't seem to find her....:) thanks for you help as well.....Lilly.....:)

davidgmmafan

Lilly_May wrote: »

**Natweststaffmemeber**...

Hi its wasn't a CCA, (I did ask Bryan Carter for one, but he didn't/couldn't come up with it) I have 358 pounds outstanding with Littlewoods, it was all late charges,(I hadn't actually paid the late charges back) all pre ordered items had been paid for, so to get the charges dropped as unlawful I was quite happy to do....
Bryan Carter done the usual and wanted to take me to court, so I took out a counterclaim, once Bryan Carter received notice of this, he wrote and said if I dropped the counterclaim, he would do the same and he would not pursue the matter in the future...I was in touch with Amethyst during all of this time and she guide and supported me, I done what she suggested, I have left a message on the 'other boards' but have had no response....
we both thought that was the end of it, which it was...but now this letter from Red Castle!!!!
I am just confused that it was settled with Bryan Carter, yet he has passed/sold this debt on....
what was the point of all the hassle, filling in court forms, paying for the counterclaim...basically running around like a head less chicken to get this sorted, only to find this happen....it makes me so cross...(not with you guys, sorry if I seem a bit cross...:()

Its like all these people with credit cards that have had they late payments scrapped,( I know people didn't actually get refunds in some cases, just the debt written off(the late payment charges) then the bank passing/selling the debt on to a company to try and get payment. it would open up a flood gate for all these Banks, if they were allowed to do that!!!!..and would they be allowed to!!!.;)...Lilly ps I am Lilly the flower,'over the road' if you need to check or follow the rest of this saga...:)

I don't think they can do that, because if you dispute the debt how is the DCA going to show that it was legitimately owed if you produce the correspondance?

Just an initial thought, definately best to speak to people who were helping you at the time.

Lilly_May_2

**davidgmmafan***I don't think they can do that, because if you dispute the debt how is the DCA going to show that it was legitimately owed if you produce the correspondance?

Just an initial thought, definately best to speak to people who were helping you at the time. ****

Thats my point, if they are allowed to just pass it on, it would mean all the Banks could do the same, so you think they have settled and say they have, but just give it to another Company....thank goodness I still have all the paper work..
Just awaiting one of my helpers (lol) to touch base with me, they will know what to do....:T...Lilly