Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
hi hope someone could help me with this letter i have by the above solicitors it basically says "we write to this account which remains oustanding.proceedings have been issued in northampton county court under case number---- judgemen has been entered against you on june 16th 2008 the sum of 171.94" but the above above amount the letter states 258.94 anyway it goes goes on to say please contact me on 0845 3133128 within the next 10 days to arrange payment failing which a warrant of execution will be issued without further notice. if it is necessary to issue a warrant,bailiffs will be instructed to attend upon you and secure your property to repay the debt as a result of which additional costs will be added ".my problem is i don't even know what the debt is for because it only states phoenix recoveries which obviously is a debt recovery place as well and i now have a similar letter with same case number with an amount of £50 and t salford county court could someone point me in the write direction please and what is a cca letter im a noob at this so please be gentle.
hi andrew and welcome
first of all brian carter are well known for there miss leading comments
the thing is brian carter goes for his costs first, then issue a second claim for the debt. which is illegal.
first things first
do you know of this debt
you need to contact northampton county court with the case number to confirm.
i had a few letters from this crowd saying a court claim will be lodged on a certain date, never happend.
brian carter is very obscure sol for a DCA.
if no claim has been issued, we can take it further.
it seems to me they just want to make contact with you. for the time being, dont.
please confirm with the court they do have a ccj and get back to us with the resault,
i take it you never received a county court n1 claim form
Hi, Carters are notorious on here for underhand tactics, you need to phone the court first of all to find out if this is a fake, then come back we can take it from there.
Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site
This sounds like Carter with a twist, Issued proceedings without your knowledge? then obtained judgement? These bunch of parasites are either outright lying or have completly lost the plot.
Fight this all the way, and you can win, but contact the court first to see if he is bluffing, if he is not you have very strong grounds for a set aside.
Beau
Charges succsessfully claimed back from: First Direct Nat West Barclaycard Alliance+Leic
Mint CCA sent as yet no reply Nat West M/C CCA sent as yet no reply Barclaycard CCA sent as yet no reply Egg DCA Court Claim issued then discontinued ***(WON)****
Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)
Thankyou to everyone who is helping me with this matter. As for the county court n1 form i hav not recieved anything like that to tell the truth i dont even know what one of them forms is. As you have suggested i will be ringing the court in the morning and let you know the out come.
Thankyou once again.
If carter has obtained judgment then you must make an application to set aside judgment as soon as possible, the requirement for an application is that it is made promptly, so the longer its left the harder it is for you.
so first thing in the morning get on to the court and let us know what the status of the case is
hi guys i rang the 2 county courts northampton county court have got the claim but salford county court hs nothing for £50 what can i do next northampton county court advised me to get information from bryan carter and co but i don't know what to write could someone help please.
hi can someone please help me with my previous post dated 21st august 08 im getting worried i rang the courts there is a case file at NORTHAMPTON county court but nothing at salford county court im getting very worried bailiffs might come.
as from my previous post from bryan carter concerning my case an warrent has been issued for seize of goods i forgot to mention in my previous post that the debt is to phoenix recoveries and now the bailiffs are on there way what can i do is there a letter to write to carter asking for information and i think i need to defend now to find post look for brian carter and co and my name then you'll find it thats all the information i have.
Whatever, if this has already been issued it's too late to defend it in court.
What information do you want from Carters?
Apologies, but I find you your stream of consciousness writing with no sentence structure very difficult to follow.
I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.
You can also ding my gong if you prefer.
Just looked at your other thread, doesnt tell us anything, have you actually got a judgement order from the court, if so tell us what it says and the date on it (dont put any personal details).
Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site
Basically you have had a claim lodged against you and then a default judgement against you.
You don't know what the claim is for. You posted your first message on 21st August and in the subsequent four weeks haven't rung Bryan Carter to find out. Instead you've been waiting for someone to help you write a letter.
Have you had any letters from Phoenix? If you have what have done with them? These should have told you what the debt is for.
Do you have the forms you received from the court? There should be two - one is a notice of claim and the other is the notice of judgment (I think you said you still had this one)?
If a warrant has been issued then will be for the sum claimed. The bailiff will turn up at any time between 8:00am and 9:00pm on a Monday to Friday (not sure about Saturdays). He will be requesting first that you pay the money. If you can't do that then he will ask to what is called a walking possession where he walks around you house to see what possessions of yours he can seize and sell to pay off the debt.
You do not have to let the bailiff into your house so you should not do so. If he can't come in then he can't seize your goods. Beware that he might use an excuse to get inside ('it's cold and wet outside' or 'can I use your toilet?'). Just say no.
But the first thing to do is find out from Carters what the debt is for. If they can't tell you then ring Phoenix. I'm pretty sure both are open on Saturdays, otherwise ring first thing on Monday.
A word of caution : they will probably try and browbeat you into making some commitment to pay off the debt. If they try that just insist on trying to find out what the debt is for. Once you have found out then simply hang up. Don't say anything else to them. These people are used to being very rude and aggressive on the phone so your hanging up is just part of the procedure for them. Don't worry about seeming to be rude and don't bother about trying to be nice : strictly business-like and then finish.
I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.
You can also ding my gong if you prefer.
hi everyone i have just requested information from brian carter as required from all my previous postes on brian carter but now bailiffs are on my case a warrant has been issued please read my case in my posts on bryan carter i know there is a lot what can i do i have to pay before 11th of october or goods maybe seized i have two children i don't want to put them through losing a tv or a bike etc i don't even know what it is about i have no knowledge of the debt till bryan carter gives it me what can i do now?.PLEASE SOMEONE HELP.i have not done anything else i have had a lot on.
Can you provide more detail please. How did it get to warrant stage? Did a court make a judgement in your absence? What is the debt for? Can you provide a link to your other threads please.