Thread: New here, but really need some advice on Fairfax & Bryan Carter

Originally Posted by bythesea

Hello, I've just joined here, finding this site after searching for fairfax solicitors. I would be very grateful for any advice anyone has to offer on my situation.

I received a letter yesterday from Fairfax, on behalf of Max Recovery Ltd, requiring me to make an immediate payment of £1402.61. I had no idea what it was, so I phoned them to find out. Apparently, it is for two accounts, one is Freemans/Grattan and the other is Barclaycard, have they simply combined the sums, or is there a Breakdown of the different amounts?
which came out of my failed IVA. I denied knowledge of the debts, and asked them for proof, which they said they didn't need to provide, it was up to me to prove I didn't owe anything. Complete Bowlarks, the onus is on them to prove that you do owe this amount


They said I could request a copy of my credit agreement in writing. You should make a CCA request in writing (unsigned) and incl a £1 postal order, send it recorded (registered is better)

Although I denied knowledge to them, I do know about the failed IVA, but it has been so long that I had buried it and forgotten about it. I took it out in 2002, but became unable to make the full payment in 2005, so negotiated a smaller payment. A few months later, I switched bank accounts and as I had just had my second child, didn't keep a very close eye on the switchover and the standing order for the IVA was missed. I didn't notice for a while, and received no contact from Debt Free Direct, so I forgot about it. Terrible, I know, to not take responsibility for my debt, but it was easy to bury my head in the sand. I have moved around alot in this time but know it seems they have caught up with me.

I really don't know where to go from here. I am thinking that this may be statute barred, but not sure if the last payment to count would be from the IVA, or to the actual creditor. To make matters worse, I have today received a letter from Bryan Carter Solicitors saying the following:

Dear Bythesea,

We have failed to receive a response to previous correspondence and have therefore made tracing enquiries for confirmation of your current place of residence. Information has been received confirming that your address details have changed to this address.

Please contact us immediately on 08453133128 quoting the above reference number.

I haven't contacted them. I am so scared and worried. Any advice would be greatly appreciated.

Nothing to be scared or worried about at this stage.

When exactly was the last payment made against this debt? you are right in your suspicions of statute barring and it may be that as the debt is approaching SB, they are having one last go at it. If this date is 6 years ago or more, then it is SB.

If they have simply combined the outstanding balances into one amount, then it would be very interesting to see them produce an agreement covering the combined amount. (They wont be able to do)

In the first instance, send BC the CCA as he is the party demanding payment, they are then obliged to either provide the CCA themselves, or pass it on to the OC, regardless of what they say to the contrary, this is set in statute.

Alternmatively simply send him the "prove it" letter, both of which can be found in the templates library

Brian Carter is very well known on this forum and are to be regarded for what they are, a company who take on cases and then go for the default CCJ, they are relatively simple to beat and tend to fold their hand long before they reach court.

Normally you should ignore Carter until he sends another letter. However, if you have moved house in the last couple of years we will need to respond as he is liable to send a court claim to your previous address which you will know nothing about and therefore he will get a CCJ by default. He is well known for this.

I would pre-empt any demands by making him prove the debt, prove he has a lawful right to enforce the debt and proveide an agreement for each separate amount, although I wouldn't be telling him that you know it is for two different debts.

BC is notorious for splitting claims, sending claim forms to the wrong address and generally breaking the law in order to get the default CCJ,

They rarely have enough paperwork to proceed but will happily proceed into court and rely on your ignorance of the law.

I would be sending the "prove it" letter in the first instance, because you have never had a financial relationship with BC before and for all you know they could be a bunch of lying scumbags trying it on

Originally Posted by spamheed

I would be sending the "prove it" letter in the first instance, because you have never had a financial relationship with BC before and for all you know they could be a bunch of lying scumbags trying it on

Ha ha - you love Bryan as much as I do Spam

I hate the bugger with a passion! He needs to hope I never win the lottery 'cos I'll have the best lawyers in the land working to close him down!

Hey, if Carter has it you know its a non-starter anyway!, write to Carter requiring him to provide FULL DETAILS of the alleged debt, before you will consider any further correspondence

Have you ever CCAd the original creditor, and have you had a satisfactory reply?

Try carter with this one as a starter

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

Dear Sir/Madam

Account no:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading debt collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.


dont sign just type your name

Hi, any letter you send to Carter needs to be send by recorded delivery (keep a copy of the letter and the postal receipt) otherwise he will simply say he didn't get it.