Hello

I have today received court papers from Northampton County Court and also a letter from Bryan Carter stating that they have started litigation procedures against me.

The claim form states that I agreed to pay monthly installments but have failed to do so.

The amount is £767.18 and then with fees brings it to £892.18.

I have never heard of Arrow Global and best of all the Bryan Carter letter and the court papers have been issued to an address that I lived at 12 months ago. I have moved twice since then. Its only because my friend who now lives in that property passes any mail onto me that I even know about this.

I do regular checks on my Experian and Equifax reports and have never seen this debt on there!

Im really concerned as to what this may be as I am about to start Maternity Leave and will be on SMP so do not have this kind of money. I am not aware of this debt at all.

Am I able to defend this claim and send a prove it letter? Im worried about the correct procedures and being 35 weeks pregnant, I am struggling to get out and about to get to CAB. I also need to get this sorted asap as once my baby arrives I may be more likely to miss deadlines etc.

Any help would be greatly appreciated.

Many Thanks

I have filed a defense online stating I have no knowledge of this debt and have not received any paperwork and it is not on my credit file.

Can anyone help with the type of letter that I need to send to Bryan Carter? I am looking to get this drafted today so I can post tomorrow. Also what happens if they do not get back to me within the 14 days that I have?

Many Thanks

Hi. Welcome to CAG,

Ok,

Send the following by recoreded delivery.

Ref: as on Carters letter/ plus the claim number.

Dear Sir or Madam (not sure about Carter).

I refer to to the claim number xxxxxxxxxxxx in which you allege I owe £xxxxxx for a debt to xxxxxx, please note I do not acknowldge any debt to Arrow Global or any party

Bryan Carter Solicitors may calim to represent...

I have no knowledge of any such alleged debt and have not received any previous correspondence rearding any allged debt.

I will rigourously defend this matter (now this bit is speculative based on the fact that Arrow/Carter are chasing loads od statute barred debts)

Having checked my credit reference files and researched my credit history and taking advice on this matter I believe any such alleged debt is now Statute Barred, given this information I will not now or in the future make any payment or offer of payment in regards to the alleged debt.

I am fully aware of the OFT Guidance on the pursuit of statute barred debt.

For clarification this letter in not in any way any admission or acknowledge of any debt to Arrow Global.

Should you wish to challenge this statement please be aware the onus it on you and your client to prove

unequivically that the alleged debt is not statute barred.

This letter is sent by Royal Mal Recorded Delivery and will be tracked.

So given no CRA entry/age of debt and the current load of SB debt Arrow are chasing this should help.

Thank you, I have drafted this letter and am about to post it recorded delivery. I will post back with the outcome!

Good luck

I have today received a reply from Bryan Carter which is a reply to the court defense not my actual letter.

This is what it contains

' We have been notified by the court that you have filed a defense to this claim. In an attempt to settle this matter before hearing and in order to avoid either party incurring further costs, we confirm that out client is prepared to accept payment of the full balance by monthly installments. Please insert an affordable sum in relation to your financial circumstances in the blank space in the proposed Order and return it to us within 7 days. Provided the amount is reasonable we will sign the Order and send it to court to be sealed.

Alternatively, if you would like to settle this debt now, then please contact us on 08453133128 for a settlement figure.

We look forward to hearing from you and hope we can agree to settle this matter without the need for a Court hearing but if we do not hear from you we will apply to the Court to strike out your defence at hearing which, if successful, may result in further costs being payable by you.'

Enclosed with this letter is a Consent Order which I am required to sign which is my acceptance of the amount of £892.18 (which includes solicitors and court fees). I am confused by parts of this order. It states

'IT IS ORDERED that all further proceedings in this action be stayed upon the terms set out in the schedule hereto save for the purpose of enforcing or carrying into effect the said terms with liberty to apply for that purpose and IT IS FURTHER ORDERED that there be no order as to costs'

Bryan Carter has given me 7 days to reply - I really now don't know what to do. I have just discovered that this debt applies to a Capital One credit card which my ex boyfriend took out in my name. We split long ago and to be honest I completely forgot that he had done this. I'm sure this is over 6 years old but how should I reply to this letter? The strage thing is that I have a Capital One card which I took out approx 6 months ago. Surely they would not have allowed me a new card if I had a debt on an old one?

I would be really grateful for any urgent advice as the letter is dated 5.10.2012 and I have only received this today giving me 3 days to reply.

Many Thanks

Sounds like Carter has started to chicken out again!

What to you want to do?

Pay a reduced amount and settle ?

Let Carter Go ahead?

The possibility that the debt is statute barred is there does this appear on your Credit Reference Files if you have not checked do so asap.

Your are looking for the default date specifically the date of last payment could be 5 months prior to the default date so it may well be SB.

Get the info and I'll help you put it to Carter asap.

Thanks for your prompt reply.

I have checked my credit files both Equifax and Experian and do so on a regular basis. I have never seen this debt on there, I have just checked Equifax again to be on the safe side and there is nothing at all relating to a debt with Capital One / Arrow Global or Bryan Carter or for any amount which resembles this figure.

Many Thanks

Ahhh then thereb is a very distinct chance this is statute barred now so I suggest sending the following to Carter by recorded delivery asap.

ref: as on his letter.

Dear Mr Carter,

Thank you for your kind offer to settle this mattter out of court for the sum of £xxxxx including your costs, but please note that I do not acknowledge any debt to you or the company you claim to represent.

I am prepared to make an offer to settle this matter out of court by stating that this debt is statute barred and I will not now or in the future make any payment or offer of payment in regard to the allged debt.

As you must be aware the onus of proof if you refute this claim lies entirely with your client.

I would suggest that you now withdraw the claim and return the file to your client.

I am fully aware of the OFT Guidance on Debt Collection 2003/2011 and the sections regarding the pursuit of statute barred debt.

I f I have not heard from you within 72 hours of the date you receive this recorded delivery letter I will consider the matter closed.

Get that of am tomorrow, it can certainly do good but also certainl can do no harm.

Carter is crawling in the hope his is intimidating you to agreeing to his offer.

Thanks so much, I will get this done tonight and post first thing!

Thanks so much, I will get this done tonight and post first thing!

Please keep us up to date!

Well I have received a letter from Bryan Carter today as follows.

'We refer to your recent communication.

Please note that we are no longer instructed in connection with this matter and have returned the account to our client'

Im hoping that this will be the end of the matter, what do you think? Thank you for all your help!

Its most likely not the end I am afraid....

AG will take over and will continue court proceedings.

I am in the same boat, just one step further...

next you will receive a letter containing a Notice of Change from AG to NH CCBC informing the court that BC is no longer dealing with that mather and an 'advice' to withdraw your defence,

then a few weeks later you will get the Allocation Questionnaire from Northampton Court..

, thats the stage I am at at the moment.

Regards,

Frogg

It seems to me that AG are getting tired of Carter issuing claims on their behalf and then withdrawing as soon a s defence is filed.

Keep any further court papers carefully just in case AG decide to attempt to startb again.

oh dear. Thank you for letting me know, I will keep an eye out for any correspondence.

BC have been writing to me at my old address despite my requests to contact me at my new address, but the court have wrote to me at my new address. I hope I dont miss any letters from AG if they decide to continue.