Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder adrianbruce Novitiate

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    Default Bryan Carter CCJ - Very Worried

    Hi and thanks for reading this.

    I suffer with depression and Aspergers syndrome, I have good and bad spells. Winter is usually quite tricky.

    I don't really have a fixed abode, I often stay with my brother but I move around. I don't work since redundancyicon came along nearly 5 years ago. I'm nearly 50 and my nerves are not the best, the Aspergers seems to be getting worse and dealing with daily life feels increasingly uphill. I don't claim any benefits at all, some wealthy relations give me some pocket money in the form of an informal quarterly loan which just rolls up and will one day be offset against an inheritanceicon (assuming I'm still above ground).

    When I was made redundant I had a number of things on credit which I couldn't pay. I sold my house and everything I owned worth selling, paid off what I could and moved on. I ignored the letters that followed afterwards - my bank account is registered to my brothers address so after a while the letters started going there. They were just general threats, nothing happened and they gradually mostly stopped. I find the whole thing hard to approach and very frightening.

    Two weeks ago I discovered that Arrow Global / Bryan Carter Solicitors have obtained a CCJ on 7th March, in the amount of 4,999 + 186 costs, and I have been ordered to pay Bryan Carter solicitors 50 per month by/starting 6th April.

    I have no idea whether I actually owe this amount or anything at all to Arrow Global...I probably owe someone something that has eventually made it's way to Arrow Global, it's hard to say. I have no records and my memory has holes in it for chunks of time.

    People with Aspergers often have trouble making decisions, and I am befuddled by the choices. I feel like I should belatedly try and get the Judement set asideicon so that I can ask for proof of what I do or do not owe, but my circumstances are odd to say the least and might seem odder to a court. I am also scared that this acknowledgement that I can be reached via an address will send a beacon flashing to other creditors' agents which re-igntes who knows what nasties sitting in the wings.

    I could ignore the thing completely - it neither bothers me nor my brother whether baliffs turn up or not. I own nothing so what can they do, I don't even officially live there (or anywhere). But armed with a CCJ they could shut down my bank account which would be a major problem.

    I could ask the court to amend the payment to a lower amount - but, again, explaining my circumstances or finances (basically I have no finances...but I still get some money), is tricky...or so it seems to me.

    I could just try and pay 50 a month...but I would have to ask for more money (which obviously I am very loathe to do) and, surely then Arrow will just go around trying to gather up whatever other debts of mind they can find or take on and have a field day.

    I've sat and thoughts about it for 2 weeks...if I don't get some advice I'll still be sat here at Christmas. But now time is short.

    What on earth should I do?

    Thank you,

    Adrian


  2. #2
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    Default Re: Bryan Carter CCJ - Very Worried

    Hi Adrian,

    Welcome to CAGicon these debts are not priorities at all, even if the lot of them
    were to take you to court you have no income and sadly no permanent home.
    If the worst happened and they pursue the court claims you are quite clearly
    a vulnerable person with no traceable income they cannot have that that does
    not exist.

    Have you tried any of the charitable organisations in your area for help
    with benefits and housing?
    I see if anyone else here can offer any suggestions.
    Coming to CAGicon Adrian you are not alone.


  3. #3
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    Default Re: Bryan Carter CCJ - Very Worried

    carter cant shut your bank acount down so put that out your head.

    as for bailiffs, its a civil debt so they cant be involve either.

    if you knew nothing about the CCJ

    get it set asideicon.

    BC are a crafty lot, and i bet the debt is dodgy in the first place.

    you ideally should check your CRA file

    it will give you a good few pointers

    dx


  4. #4
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    Default Re: Bryan Carter CCJ - Very Worried

    Is this a really old CCJ or a new one issued recently. Personally I would check first to see if there are any charges being added to the acount, late payment fees etc.. . if this is your debt that is.

    Any PPIicon taken out on this debt?


  5. #5
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    Default Re: Bryan Carter CCJ - Very Worried

    Two weeks ago I discovered that Arrow Global / Bryan Carter Solicitors have obtained a CCJ on 7th March, in the amount
    of 4,999 + 186 costs, and I have been ordered to pay Bryan Carter solicitors 50 per month by/starting 6th April.



  6. #6
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    Default Re: Bryan Carter CCJ - Very Worried

    I just wondered if it was an old dormant CCJ and they have recenetly found Adrian. Claim back all charges and PPIicon if any.


  7. #7
    Basic Account Holder adrianbruce Novitiate

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    Default Re: Bryan Carter CCJ - Very Worried

    Hi thanks for writing. I am confused though, I went on a government site looking at the enforcement action that can be taken for ignoring a CCJ and one of the things they outline is that they can apply to have your bank account frozen and the money in it paid to the creditor - and the first you know of it is when you can no longer gain access to your account. I would like to understand how this is wrong as it is a significant worry to me, thanks.


  8. #8
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    Default Re: Bryan Carter CCJ - Very Worried

    Hello Adrian,

    I think you need to get in contact with an agency such as National Debtline - We do have a couple of Nat Debt official reps on the site and your thread has been flagged for their attention.

    If you would prefer not to wait then perhaps you might like to telephone them.. 0808 808 4000

    This is the link to their website NATIONAL DEBTLINE you could also email them.

    If you explain to them exactly what you have said in your first post - perhaps they could point you in the right direction.


  9. #9
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    Default Re: Bryan Carter CCJ - Very Worried

    Would your brother be able to help with any paper work - perhaps attempting to get the CCJ set asideicon and checking to see if there are any charges or PPIicon that could be reclaimed.

    You need information from Credit reference agencies, and from the original creditors. I am assuming that as you have moved around then it is unlikely you have statements or letters tucked away somewhere ?


  10. #10
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    Default Re: Bryan Carter CCJ - Very Worried

    You could check to see when and where this CCJ was issued by searching trust online

    http://www.trustonline.org.uk/ - it will cost you 2.00


  11. #11
    Basic Account Holder adrianbruce Novitiate

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    Default Re: Bryan Carter CCJ - Very Worried

    I have no paperwork at all from before, and no longer have access to the bank a/c I used in those days. But there was never any PPIicon on anything I had as I was particular about that. The CCJ was issued at Northampton CCJ 7th March 2012, I have the letter N30 'Judgement for Claimant (in default)' and that's all with that date, 7th March, on it. If I try to set it aside then I assume I might have to attend a court to explain my situation which frightens the life out of me. I'll call the National Debt helpline later today as you suggest, makes sense. Thanks.


  12. #12
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    Default Re: Bryan Carter CCJ - Very Worried

    Hello aidrianbruce,

    We're keen to help. If you've not already contact us please feel free to do so on the number that Citizen B has listed.

    If you have already called and have spoken to an adviser how did you find the service?

    Best wishes,

    National Debtline.



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