bryan carter ccj! help

[gilly5001]

hi I hope someone can help

i have today recieved a court claim form from bryan Carter and Co (confused as have been reading the threads about him no longer trading etc).

Anyway I cca'd them a couple of months agao, got the credit agreement back and since then have sent them 3 copies of income and expenditure asking them to accept a pro-rata offer of payment. To which I have only ever recieved a letter telling me to phone in on an 0870 number. To this i replied with another offer of payment with income and expenditure.

thats all I have heard, we had a few phone calls the other week where I asked them to put it in writing and respond to my offer of payment.

Then this today

I dont know what i can do to prevent this ccj. I wnat to pay my debt but only at a rate I can afford.

I have no proof of the letters I sent them as I useless at keeping stuff.

i know I have probably left myself with no way out of this mess. really dont want a judgement registering against me so if anyone can help anything will be appreciated

 

Thanks

[gilly5001]

Just had another thpought, I have hadnothing from them warnign me of court action. Can i defend with this. My OH is going ape as he thinks this is my fault and ccj will be in his name

Help help help

I really dont want a ccj, and will pay bryan carter or whoever they are, just at a monthly oayment i can afford

 

any suggestions gratefully recieved

[popeye1]

Can you post the agreement up ,so others can have a look at it,blocking off all persnal details

[gilly5001]

I'll try, the latest developmet is that bryan carter have rung me this mornign and said if I make an arrangement to pay they wont go ahead with ccj.

i asked how much and a very uninformed lasy told me the court wanted it paid off in twelve months!!! i dont hink so

i told her the court would order me to pay but not at a rate i cant afford. Anyway it ends up I wanted to make an arrangement with them so I have agreed to a new one. she saidas long as i stick to it i wont get a ccj but if i default i will automatically get one!!??

They surely can't do this without serving papers first.

she also said i neednt reply to the court papers as they wont take any further, but if i ignore it wont i have a ccj automatically registered

I suggested that to her and she said i was wrong, i asked her then to put it in writing that they will discontinue the claim she said they dont do letters to that affect but she will put it in writing i have a new arrangemtn ith them. what do i do now?

do i defend or rong the court. I dpont trust them to not do anything

i think they hoping i ignore the letter, recieve a cccj and then they can enforce the debt

any suggestions please??

[42man]

Gilly, you mentioned that they sent back your CCA's ? are they enforceable ? are they actually an agreement or an application form ? do they have the correct and prescribed terms ? are they properly executed ? are there any excessive charges added to the account ?.....if you can, then scan the CCA (delete your personal details from the form/forms) and post them on here.....the reason they won't put it in writing is because you know your rights....this is why we say NEVER speak to them on the phone as they will say ANYTHING to get you to pay !!!

[42man]

She made it out that a CCJ is granted automatically NOT however if you defend it !!!!

[gilly5001]

HI the cca is correct, I have never disputed the debt, is was to abbey national, my problem wsa how much they wanted me to pay. Bryan Carter have never added any charges to the original debt. So do I defend it? they are tellin me i can ignore it now i have set up an arrangment with them. Im concerned that if I ignore it i will get a ccj because not sending anythign to the courts, Just wondere what the best plan of action is now.

Going to go and find the cca check it all legit, but at the moment my concern is this ccj and whether or not they will halt proceedings

what a pickle!!

Ill post the cca up as soon as i find it

 

Thanks

[42man]

If you can afford the amount they have requested and you are happy to do that then fine....is it likely there are any excess charges from the original creditor ? it would also be interesting to see if the 'court papers' are genuine ? post these up also....(again take off the personal details)

[gilly5001]

found the aghreement and it has been sent back from a company called arrow global llc, showing the assignment of the debt to them, nothign abut Bryan carter.

should I cca Bryan Carter asking for their right to chase over global LLC.

confused now

[gilly5001]

HI they look genuine, I took the halifax to court last yr for bank charges and its the same as the form i filed against them.

So you think i can ignore the court papers then? I am hapopy with the arrangemtn it's what we've been after and they wouldnt agree it!

I thought if i didnt acknowledge the papers then after 28 days the ccj will be registered not sure I can trust Mr Carter to discontinue

 

Im trying tp scan docs in now

[Ell-enn]

Given Bryan Carter's history on this site I certainly wouldn't trust them to discontinue! and even if they did they would still add their costs for issuing court docs onto your account. These people work on the assumption that debtors won't know what to do and so they get a judgement by default.

 

Have they asked for the full amount of the debt - or a partial amount (they have a habit of issuing court papers for partial debt which usually turns out to be their fees - naughty!).

 

Once you have posted your scanned docs - one of the team with experience in that area will be able to advise you the best course of action.

 

Kind Regards

 

Ell-enn

[gilly5001]

hi

Its the full amount they were requesting.

Im havin trouble gettin docs up at the moment so asking as many questions as I can in the meantime

If I have a cca back from Arro global , should I ask Bryan CArter for one assigning it to them?

also, what do Ineed to put in my defence to ensure this ccj isnt registered?

Thanks for all your help, any suggestions

[pt2537]

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

 

Right then

 

firstly, monday morning, send this to them,it is a request for information under the Civil Procedure Rules. send it Special delivery and amend it to suit, basically add the names in the right places

 

now, can you please post up their particulars of claim without any personal bits as it would help to know what they are claiming

 

 

i will advise further when you reply, but please try not to worry, we are here to help and will give you the best advice we can

 

kind regards

paul

[pt2537]

Hi,

just to reassure you,

 

 

a CCJ County Court Judgment will only happen if you lose the case, and further more it wouldnt become a CCJ until 28 days after the ruling in court. you are given 28 days to pay before the judgment is registered but that is a long long long way off so lets not worry about that just yet.

 

we need to really have a look at the Credit agreement and any default notice thatthey sent

 

remove the personal details first

 

there may be a chance that the agreement is irredeemably unenforceable or the default notice may be non compliant in addition to their failure to act reasonably and follow the preaction protocols which outline they should have sent you a LBA before legal action

 

Regards

paul

[gilly5001]

HI

Thanks for your suggestions, I have sent them the letter special delivery and have been online to state will be defending the claim on moneyclaim.gov.

Please find below, the court papers, the cca i received back from Bryan CArter from Arrow Global. I dont know which one Im dealing with.

[42man]

Gilly....it says your name and address on one of the documents....I would take it off or amend please....

[42man]

3 different addresses for Arrow Global !!! i'm not surprised you're confused....

[gilly5001]

hi i think ive deleted it

i saw it as a reveiwed the post and deleted it

[42man]

Hopefully Gilly someone will be along to look at this agreement (i'm not an expert i'm afraid)...

[gilly5001]

Hi trying again with these documents ,

attached should be the cca recieved back from Arrow Global (I sent the req to Brainless Carter, the letter notfiying me Arrow Global had the account and the ccj papers from Bryan Carter

 

Thansk Guys

ccj claim form.doc

cca.doc

arrow global letter.pdf

[gilly5001]

Thats ok 42man! dont worry, ur more an expert than me

Spent 4 hours trying to scan documents in!!! and I have a degree lol

obviously not in computers

[gilly5001]

hi wondered if anyone can advise me what to do now. i sent the letter off to Bryan Carter asking for all info if taking me to court, should I send that letter to the court as proof of defence. Bryan Carter have responded only by sending me a letter accepting payment proposals

Please help as is nearing the deadline i think

Gilly5001

[Ell-enn]

Hi there, don't worry I will ask PT2537 to have a look.

[gilly5001]

Thanks Ell-enn

[Edz11]

pt25376537 will be along and have a look shortly. But, I don't think that what you signed contained the prescribed terms and is therefore unenforceable.

 

Reason? The two two halves don't match up in size - they aren't from the same sheet of paper. And they are both headed "Credit agreement regulated by the ...." etc etc. They are from two different sheets. It has been cobbled together.

 

PT- do you agree?