Bryan Carter-county Court_bad News Help

[questioning]

19/04/08 CAN ANYONE HELP WITH THIS PLEASE, I THINK I'M A BIT MORE CLUED UP NOW SO COULD SOMEONE TAKE A LOOK AT P#37 ON PAGE 2 PLEASE AS I NEED MORE HELP HERE. THANKS Hi, I'm new so hope I have posted in correct place.

My problem is i have fallen prey of Bryan Carter solicitors and I think they have well & truly got me.

I could kick my self as I have been reading about Bryan C on this forum.

Started with cap 1 credit card, Nothing was admitted for this debt which ended up at £1100. I think the card if I remember correctly had £500. spent from it. In the end Bryan Carter took my hubbie to County Court. The claim was for only £242.00 broken down to £150.debt and £92.costs which we didn't understand how they had come to this figure as they had written he owed £1100. Any way we didn't receive the CC claim pack, blue forms so the first we new was when it had been made a CCJ to pay monthly at £50. Again stupidly due to complete lack of any understanding we ignored this. Next thing bailiffs. We paid the bailiffs eventually by installments, odd bit here and there. Carters then eventually sent letter dated march 08 saying......Further to the payment on the above account, we confirm that the judgement debt relating to the above claim number has now been satisfied.

However we draw your attention that a balance of £1000.18 remains outstanding on your account and payment should be made to clear this amount.

We draw to your attention that our client reserves the right to issue proceedings for the balance outstanding to them in the absence of payment.

We didn't reply and they phoned the other night. Just told them he is not here and they should write to him. The posh bloke said fine I'll get a letter in the post. End of call.

Now this is not our only credit debt, I intend to write proof of debt letter to all others as i have only just heard it exists. Most creds have been ignored as we have no surplus cash hardly. We have 2 kids a dog, don't own our own home we rent and my hubby owns an old banger. This is how ther bailiffs got there first response from us as they put letter through door saying they were going to come for the car.

Now to my question,( sorry its been so long winded, I hope you are not too bored and are still with me) What the hell are Bryan Carter doing. I don't know how they have come up with there figures, why the claim was only for the smaller amount which we didn't have. And what do you think he will do next.

Will he keep going back to court or enforcing this ccj? What can we do. I wish I had of known what I no now. At least then I would have questioned him.Proof of debt. My fault I suppose but we are just normal people trying to get on with our lives not solicitors.

Hope some one can answer this for us or give your views or just some support in some way. Thanks Badly depressed

[rory32]

Do you have details of the County Court Judgement? What does it state? How long ago was judgement made on this claim?

[questioning]

Hi thanks for speedy response, I have the papers that say it was awarded at northampton CC.

Basically it says "you have not responded to claim form, It is therefor ordered u must pay claiment £150 for Debt(and insert the date of judgement)"There is no date in those brackets just the words I've copied.

it then goes on "and £92.00 for costs(less £0.00 which u have already paid)

You must pay the claiment a total of £242.00 by installments of £50.00 per month.

the first payment to reach the claiment by ) sep 2006 & on or before this date each month until the debt has been paid.

Dated -Aug-2006"

Thats about it, there is a warning on it about what if youy ignore.

Hope this is what you wanted to know. Exscuse my ignorance & thanx

Edited June 29, 2008 by questioning

[rory32]

Okay, do you have any idea how much the penalty charges on the account are? I assume they are at least £600. Basically what we will have to do is attempt to get the CCJ set aside on the basis that you didn't receive the claim and that the claim is an abuse of process, we can also put the charges in for good measure. Was what you have quoted above actually from the court or BC?

[questioning]

Hi it was from Bryan Carter OMG I Made big mistake here, (probably cos I had been working for 3 nights & had little sleep) The above in p.3 was received from the court not Bryan Carters, I knew that all along so sorry for this mistake, the only amount claimed on CCJ was the £242.00 amount not anywhere on the court white paper does it say anything about oweing any other money. It pretty much says what I have told you. I actually paid alot of it off by robbing peter to pay paul. sorry not wot u needed to know. sorry left out NO idea what the charges were,

[rory32]

Instalments would be set by the court not by BC. If they have not been set by the court then legally it doesn't stand. Of course they may have gone for a forthwith judgement in which case they could use bailiffs. I think what you should initially do is file an N244 which you can get from the court or download to apply to set aside judgement. Before BC went for the CCJ were you sent a Default Notice and a Letter Before Action?

[questioning]

I can actually remember that there was never to my knowledge a forthwith judgement & the first thing we new was when ccj was sent to pay the £50. installments per month. we didnot pay and the next thing was the bailiff action.

I can't remeber being sent any letter of action & certainly can't find one.

Can i let you know what this letter says from BC that they said last week they would send as I probably won't understand it, I haven't received it yet of course. I will pehaps do as you have advised, Although as this has been on going for some time can I still do so.?

many thanks for your help, you deserve a cyber pint and the site a donation. i will look at the form you have suggested tomorrow and I'm sure I'll be back for more help too if thats ok.

many thanx

Edited March 13, 2009 by questioning

[rory32]

I've told you the form to fill in, what we don't want you to do is fill it in in anger simply because everything doesn't appear to have been done correctly. The reason I asked you a lot of questions is so that we can build a case against BC.

[questioning]

I'm sorry, I have looked at the form, I don't exactly know when you mean by I should fill the form in. but not act in anger? I certainly don't want to act in anger, So do I wait for more advice or fill the form in. ?

Edited March 13, 2009 by questioning

[pt2537]

Hi there

 

its actually quite normal for carters to split the cause of action into smaller lumps like this, the problem is that its actually unlawful for them to do so,this is set out in section35 of the County Courts Act 1984 which can be found here. County Courts Act 1984 (c. 28) - Statute Law Database

 

i just thought that this would be helpful to you when you come to the N244;)

[questioning]

Hi, Many thanks, very helpful.

I looked at the form briefly in the early hours.

I am still unsure when I need to fill N244 it in. ?

I appreciate your input,

[NitrousOxide]

Hi,

Judgement has been satisfied on the CCJ. I don't see how a set aside would work on a satisfied CCJ. I'd be tempted to say the judge will dismiss the set aside application.

That being said it's still worth a try.

 

BadlyDepressed:

Go to the court or download form N244 here.

Once you have it ask Rory or PT2537 to help you fill it out.

If this card has charges on it you can claim them back.

 

Rory and PT:

Would a quick and small letter to BC&Co informing them of Section 35 not help?

The amount on the card has obviously now decreased. If the charges were reclaimed you'd still get the same refund wether it was paid in full or not.

Could they not say new information has come to light ragarding charges and that the CCJ should not have been issued?

 

BadlyDepressed, don't worry too much. They are using previous litigation as a way of scaring you into paying.

If they do issue another CCJ the good folks on here will be able to help you defend it. I would take Rory and PT's advice as both have experience of the courts.

Before I found this site this happened to me, expect they sent the baillifs while my mother was dying. Nice company.

[NitrousOxide]

P.S. and off topic.

I don't know if you know, but the avatar you've chosen has a sexual meaning to it.

[questioning]

Hi, thanx for reply. I think your reply seems to be the best course of action Nitrous.

I have been reading this forum all day and have looked into the form N244. As this ccj was some time ago it looks like the set aside woul d not work (hey, but wot do I know, I'm a mum, I find it hard to understand all the wording) It would also cost £75. which i don't really have.

As said in my OP the Beast BC phoned asked for hubby, I said you are best to write to him, they said yep ok letter in the post,............... Not received yet.

I was thinking along the same lines as you, about a letter to BC. So from what i understand he now has to go for a new ccj does he? If I have understood this correctly as he unlawfully claimed just for his own piece of pie wouldn't a cleverly worded letter to him have a bit of sway to discourage this.

I may have it all wrong, please advise, Thanks

Edited March 13, 2009 by questioning

[questioning]

Off Topic So Deleted To Shorten Thread

[NitrousOxide]

I might be depressed but I didn't think I was that out of it.

AM I THAT OUT OF IT?

OK, I've had to really think here, not sure if we're from the same planet:lol: but I'm changing it anyway, how many others might think like you. I just like cat pic's.

Hey thanx took me out of the black hole for a little bit. if u know what I mean.

LOL, Its a "Wet cat". Think of another name for a cat. Begins with P.

PS don't change it, it's a humorous avatar. Just wasn't sure you knew what it meant.

 

On topic. BC can not re-issue legal proceedings, despite what they say.

I would go at them now full whack.

It's such a shame you didn't come here earlier, as the letter you would have sent to BC&co would have made them produce documentation. This would have had your charges on it. They may have just dropped the case as is what they normally do.

Don't ever feel it's too late or their is nothing you can do. Someone is always here to help.

[questioning]

So B C cannot go back for another CCJ then, have I understood that.

I will let u know what his letter says when it arrives.

I would luv to be able to respond to him,

One more thing I was reading about him not trading as Bryan Carter & Co, Can't seem to find a recent update to that but his letter in march 08 was on his headed paper.

I'll wait for more advise and many thanx you have made me feel alot better. I have been online thinking no one was going to offer any more advise.

OMG I wish I had of found this site earlier as I have been using another site which has proved pretty useless.

[rory32]

So B C cannot go back for another CCJ then, have I understood that.

 

Yes but you would have to point out to the court that a partial CCJ was already applied for and granted on this account. The court would not be aware of the situation otherwise and would just process it normally.

One more thing I was reading about him not trading as Bryan Carter & Co, Can't seem to find a recent update to that but his letter in march 08 was on his headed paper.

Now trades as Crellins Carter although BC & Co is a trading style of this company.

[questioning]

OK i removed this as it was a load of c_ _ _

I'm getting into this now, & alot of what I've written I can see now is totally unnecessary.

 

[questioning]

Hi again,

I've been reading lots on here but

I cannot seem to find much to do with info given County Courts Act s.28

Division of causes of action.

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

I am looking for any info on this matter. I have not been able to find alot out about it, probably not looking in the correct place, any help here would be great.

 

 

[NitrousOxide]

35.

Division of causes of action.

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

This is what it says.

[JonCris]

Correct Nitris & for BC to attempt to would be an abuse of process & they should be seen by the court as trying to maximise fees.

 

They would certainly be putting the debtor to twice the court costs for the same matter.

 

They should have got it right the 1st time

[questioning]

This is what it says.

Hey thanks for taking an interest & your reply,

I know what it says but if I did try and get the CCJ set aside, remember already satisfied, (Oh by the way B & CO sent letter saying that CCJ was now satisfied, is that the correct procedure?) Does that then not just leave it quite free for them B.C. to go ahead and try to get ccj for the remaining amount, ( we don't know what charges have been applied, )we have never sent for a CCA for this.

I would think it would be a good idea for us to request a CCA. & ask for all the data he has regarding this account so we can see who has applied what. Any thoughts about that? OR is that too late, i would imagine it is.

I am thinking that the best thing to do is not get that CCJ set aside but then if he goes to get a CCJ for the remaining balance then defend that. Of what you have kindly learnt from me about all this what do you think my defence would be like? ( I keep saying I & we to clarify the CCJ was my husbands)

I know I would have a defence but how good it would be is what is worrying me.

ANY thoughts any one?

Edited March 13, 2009 by questioning

[questioning]

Correct Nitris & for BC to attempt to would be an abuse of process & they should be seen by the court as trying to maximise fees.

 

They would certainly be putting the debtor to twice the court costs for the same matter.

 

They should have got it right the 1st time

 

Many thanks for your reply,

what do you think my defence would be like, if you take a look at my previous post you can see that this is what I am very unsure about.

I cannot seem to find any case similar to this.

[JonCris]

Your defence will be that this matter is settled & that BC by issuing again on the same debt are abusing the system.

 

Think about it. It's as if I was awarded agreed damages via CCJ & then later thought I needed more....... I think I know what the court would say

 

In view of what they have stated about their client reserving their position I would write back pointing out the matter is settled & that any attempt by their client to disregard the original court order will be vigorously resisted & the court asked to award costs against them