Pheonix/carter unknown CCJ For LIttlewoods 'cat' debt - **set aside**

[andrew1402]

hi

hope someone could help me with this letter i have by the above solicitors

it says

"we write to this account which remains outstanding.

proceedings have been issued in northampton county court under case number----

judgementt has been entered against you on june 16th 2008

the sum of 171.94"

 

 

the above amount the letter states 258.94

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 a

s 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.

[postggj]

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

[creditcardmug]

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.

[itsamomentintime]

also splitting the claim in order to get his costs is UNLAWFUL and should be brought to the courts attention asap

[BeauBrummie]

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

[andrew1402]

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.

[postggj]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/156792-bryan-carter.html

 

hi andrew

 

this thread will help

[pt2537]

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

 

we can then help you from there

[andrew1402]

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.

[creditcardmug]

Dont do anything yet someone will be on soon to advise you how to get this set-aside.

[andrew1402]

thanks creditcardmug m8

[andrew1402]

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.

[pt2537]

so has Carters obtained judgment yet? or has the claim merely been issued ?

 

we need to know what the status of this claim is, without this info we dont know if you need to apply for a setaside or file a defence,

 

you cannot trust what Carters say im afraid

[pt2537]

two threads merged

 

Please stick to one thread per topic

[andrew1402]

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.

[palomino]

Is this a warrant or an order?

 

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.

[creditcardmug]

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).

[palomino]

OK. I've read your other thread.

 

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.

[andrew1402]

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. Edited October 5, 2008 by andrew1402

[smt37]

Hi,

 

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.

 

Thanks

[Canaan]

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.

 

Hi.

I have read your other threads on this. You were asked to find out what the debt was for back in August and again in September, did you do this? I don't think anyone can help unless you give them very specific information about what has happened. It seems that you have had a judgement in your absence, if you had found out the information requested sooner there might have been something someone could have helped you with. I don't know if it is too late now it has got as far as the bailif stage but someone will let you know.

Good luck

Canaan

[andrew1402]

now i have warrant from northampton court saying if you don't pay court cost by 11th of october ait will be passed to doorstep field team for seize of goods to be sold at auction i have onl just sent a letter to bryan carter requesting information by recorded delvery im waiting on response but i have this warrant what can i do im i too late please urgent help needed.this is all i have to go on i have no letters of phoenix whatsoever.

Edited October 5, 2008 by andrew1402

[palomino]

Please, please tell us everything you have actually done about this. Phone calls, letters, discussions with CAB or National Debtline, etc.

 

What information did you request in your letter to BC?

[andrew1402]

all i have done is sent a letter requesting information of the debt i have no knowledge of the debt whatso ever it's just to another debt recovery company called phoenix debt recovery ltd s.a.r.l that's all and that was on saturday recorded delivery i don't even remember getting letters from phoenix regarding this debt only letters from bryan carter so who do i actually owe the money to thats what i have requested from bryan carter and there have been no phone calls all i have had is 2 letters from bryan carter which i mentioned and this warrant from northampton county court and the bailiffs collecting is from salford county court i am unemployed and i am on income support my incapacity benefit stopped and iam appealing against that i suffer from depression i don't sleep very well nd this is driving me crazy my wife isnot working and i have two children 1 is and the other is 8 the year old possibly has asbergies according to specialists which is on going to be statemented so i have a lot on i could do without this.

[palomino]

So, having known about this for about three months you finally sent a letter on Saturday to find out.

Unfortunately the time for acting was when this matter first arose. By letting everything just drift it has now become very difficult, if not impossible, to do anything about it now.

 

First things first. If BC has obtained a warrant of execution then the bailiffs will undoubtedly call. If they do you must not let them into your house. They can bluster and threaten you but you must stand firm and not let them in. If you have a car ensure it is parked well away from your home.

 

Secondly ring the National Debtline and check out the their website here - National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000 . You should also check out the CCCs website here - CCCS - Free Debt Advice from the UK's Leading Debt Charity.

While you're at it make an appointment to discuss this with the Citizen's Advice Bureau. You can find your local office in the phone book or check their website here - Get advice.

 

Without knowing the facts it is impossible to say what this debt is for - as you have found out. It is even possible that this is a mistaken identity by Phoenix, but we'll have to wait to hear from BC.

Do you have any correspondence from Phoenix? Do you have a Phoenix reference number and their address so you can ask them directly?

You say you have no idea what the debt is for. Do you recall owing money to anyone? Are there any bills unpaid?