CCJ by Carter while paying debt with another DCA - Natwest credit card debt

[born85]

Hi,

 

I have a NatWest credit card debt of £560.

 

I started getting letters from Regal Credit Consultants DCA last month for payment of this debt.

 

At the same time I got a CCJ application sent to me issued by Northampton Court on behalf of Fredrickson/Bryan Carter & Co Solicitors.

 

The last time Fredrickson/Bryan Carter had wrote to me was last September.

 

I phoned NatWest to ask why one DCA was taking me for a CCJ while another (new) DCA has just started collecting payments from me.

 

NatWest said Fredrickson/Bryan Carter were no longer collecting this debt on behalf of NatWest,

and that NatWest had passed my file to Regal Credit Consultants,

and that there will be no CCJ

and they had not asked Fredrickson to take me for a CCJ

and told me to continue repaying with Regal Credit Consultants.

 

Now today, I got a letter in the post saying that the CCJ has been entered against me and that I have a month to pay it.

 

I'm in a total mess here, I now have a CCJ for a debt that I'm already currently repaying.

 

What do I do?

 

EDIT: I've had a search on these forums and noticed Bryan Carter has done this before. He is also only claiming part of the debt.

[rogermeard]

It's Carters going for their fee's, i have just had this happen to me. Please read my thread and fight them as much as you can and put in a complaint about them. I'm sure somebody will come along soon with some advice.

 

See my link...............................

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/137702-updated-phoenix-nightmare-carters.html

[sillygirl1]

MODS - I think we need a sticky on Mr Carter explaining about his behaviour - might stop people sending CCAs when they need to send CPR Part 18 (or is it 16) requests instead.

 

Also a template letter to Northampton Court about him quoting the known cases on this site might also help....

[creditcardmug]

BC has been exceptionally busy of late, the site is full of threads on him, mine included

[rogermeard]

My god, these boy's need taking to task.

 

They must work 24 hrs a day with all the cases they claim on.

 

The method i have noticed is exactly the same in all cases.

 

Claiming for part claim on debt (fees) getting judgement because Northampton Court is either swamped

or not administering it's cases properly,

 

then the next you hear is a "judgement for claimant" letter and they have won.....

....then comes the really good bit........

...Carters then still pursue you for the original "debt" full amount!??!???.

 

Totally ignoring CCA and CPR requests,

 

saying your account on hold and still sending letters (charging for em!) with titles like "County Court Judgement"

at the top and threatening court action on the account.

 

This is getting ridiculous now , where will it end? :-x:-x

[creditcardmug]

youre spot on there, thats why you have to file AOS promptly on receiving claim, and fire off CPR at the same time, they are only really interested in getting judgement by default, once you start to defend they fall apart

[rameses_qc]

Carter is in breach of the Solicitors' code by going for his fees. This means he is putting HIS needs before the needs of his client. This is ABSOLUTELY not allowed, but he seems to be greedy, and doesn't appear to want to operate within the law. He is a DISGRACE to the legal profession. Please ensure that the Solicitors' Regulation Authority is made aware of this despicable and unlawful practice

[born85]

Thanks for the repiles, I now need to get my judgement set aside so I can defend the original claim. What can I tell the court to make them set it aside?

[creditcardmug]

Iv'e not done the set aside thing yet so i'm not the best one to help you but i'm sure some of the others will be on later.

[drob]

Follow this link for Information on having a judgement set aside

 

http://www.bdl.org.uk/images/12_how_to_set_aside_a_judgment_in_the_county_court.pdf

 

If after you have read the above information you can find the appropiate court form by following the link.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

[poochball]

Same thing happened to me. Although Wescot was other Creditor. Both parties were actively pursuing the same debt. Bryan Carter got CCJ and then applied for Warrant of Execution.

 

Some weeks later I received confirmation that CCJ was removed as it was entered in error.

 

The remaing balance was written off.

 

As I had letters from both Bryan Carter and Wescott claiming this debt was theirs, I had no choice other than to cease payments until the issue was resolved. The letter I sent is below: -

 

 

Dear Sirs,

 

 

Following my recent telephone conversation with a member of your team, I am faxing a statement of account from a company named Bryan Carter Solicitors. I have also faxed a copy of court documents relating to a CCJ on this account which you have no record of. Finally please see copies of correspondence from Bryan Cater reporting that they were the acting agents at the time Wescott claimed that they were the acting agents.

 

 

I recently entered into an arrangement of settlement of the above account. The settlement figure of xxxx was agreed and would be a full and final settlement of my liability to this debt.

 

 

History on the Account:

 

 

I understand that Fredrickson International were acting on your behalf initially with this account. They then passed this account onto a company named Bryan Carter Solicitors. Bryan Carter Solicitors took this debt to court and obtained a CCJ against me in August 2004.

 

 

I have been advised that you do not know about this CCJ, and as a result will not update my credit file. On speaking to a member of your call centre, I was advised to contact Bryan Carter Solicitors, however they will not help as the account with them is closed.

 

 

Your Responsibilities:

 

 

I understand that you are the legal owner of this debt and therefore have sole responsibility for it.

 

 

I also understand that the companies named Fredrickson International and Bryan Carter Solicitors were acting on your behalf for the debt you own.

 

 

Unfortunately, it is not my fault that the companies involved have not passed back the correct information. This just goes to backup the OFT's findings and the general consensus in your industry about information being passed on from one agency to another.

 

I would like you to note your responsibilities under the data protection act 1998 whereby “Any information held about me should be accurate”. If I settle this debt, the CCJ information would be inaccurate on my Credit File and as a result would be in conflict with the terms set out in the act.

 

 

What I require:

 

Initially I ask that you confirm that the balance I currently owe to you is correct. Upon matching the Statement from Bryan Carter Solicitors with the statement from Wescott, I note that £140.73 of payments have not been passed back to you. I also note that the CCJ information and totals have not been passed back to you. One thing that I do ask is that the last two charges a Warrant Fee and Warrant Cost are not to be included in the balance because at the time I was in dispute and it was unclear to whom payment should be made. It was only at the last minute that Wescott advised Bryan Carter Solicitors that they were collecting this debt.

 

 

I request that you contact your client, Fredrickson International to ascertain exactly what has happened in relation to this debt. I ask that if I settle this debt, my credit file is updated..

 

 

Ideally given the stress and inconvenience you have caused me through lack of internal procedures, I ask that this CCJ is completely removed from my credit file. I also ask if you would consider a lower settlement given the stress and inconvenience the collection practices on this debt have caused me.

 

 

Please confirm with me by telephone to xxxxx or xxxxxxxx that you have received this fax and what your intentions are with regards to resolving the issues I have outlined. I have sent four letters to you by post and each time your company claims not to receive them, even when I sent them recorded delivery and a signature obtained.

 

 

I do hope we can come to a satisfactory result with this matter. Given the number of failures and problems I have experienced with Wescott, if I do not receive a satisfactory and timely response, I shall be reporting your company to my Local Trading Standards Office and the Office of Fair Trading.

 

 

I am giving you fourteen days to reply. I look forward to hearing from you soon.

[born85]

Have printed off an N244 but need help with what to write on it.

[born85]

Bryan Carter had a CCJ awarded against me on the 15th May. Today, 27th May,

 

I get a letter from EuroDebt Financial Services saying they can help with my CCJ and it states the court claim number and the amount owed.

 

Where did EuroDebt get this information from?

 

The CCJ is not entered on my Credit Reports yet as I get a month to pay it.

 

Please note that I will not be paying for EuroDebt's services.

 

Thanks

[FunkyFox]

Hi, I think I can shed a little light on this!

 

Details of your CCJ has been sold by a little know organisation working on behalf of the Department of Constitutional Affairs (DCA ) to just about any tom, dick or harold that will buy them. That is why when you get a CCJ soon after you get all these offers of 'assistance' from different companies.

 

Registry Trust Limited is a not for profit company which operates the Registry of Judgments, Orders and Fines for England and Wales on behalf of the Department of Constitutional Affairs.

 

About us

 

I have spoken with the Registry Trust at considerable length about the legailities and moral stance of the Government profiting from the sale of this data and its possible and probable misues. To be honest I had to put the battle to one side to concentrate on my own stuff but personally I find it disgraceful.

 

One of their 'defences' was that people like receiving offers of financial assistance at difficult times. Unfortunately there is absolutely no restriction on who they licence the data too or how it is used. There argument is that is that it is data in the public domain and all they do is provide it in a useable form. There are loads of counter arguments to this (e.g. the use of electroal roll and the representations of the peoples act) but like I said I kinda had to give up to sort out my own stuff.

 

Anyway, rant over and I hope that explains how it happened!

[NailPost]

B85 - have you checked all the other threads about Carters use of the CCJ system to ensure they get paid? If they have claimed only part of the debt they allege you owe that is against the rules and can be challenged and set aside. This normally sees Carters run for cover!

[born85]

Thanks FunkyFox, thats interesting to know and explains why I'm getting these mailings. Had another one today from "National Debt Advisory Centre" although not as personal as the EuroDebt mailing.

 

NailPost, I have found out about Carter's dealings after searching these forums but when I did it was too late and the default judgement was entered. This was after I was giving the run around by Natwest, who is the claimant, who didn't know what I was talking about saying they were not going for a CCJ etc when I rang them. I can confirm that Carter is only going for part of the debt. I sent my form in by special delivery last Monday to Northampton court to appeal to have it set aside but not heard back yet.

 

Thanks

 

[NailPost]

After you get it set aside make sure you file a complaint against Carters to the Solicitors Regulation Authority. They are only too aware of Carters activities and it is about time action was taken to put an end to it.

[born85]

If I paid off this 'amount' Carter is claiming for, will I still be able to have it set aside? I want to avoid the CCJ going on my credit file in the mean time.

 

Also is Carter likely to send me a receipt for proof to send to the court if I paid what he is claiming for even though his letters always state the full amount owed not just the amount claimed.

[born85]

Opps! Had my N244 returned by Northampton Court because I didn't supply enough proof with my EX160 fee remission application.

 

This gives me a chance to fine tune my evidence on my N244 set aside form as after reading it back it sounds like I'm babbling on too much.

 

What do you think is best to write? It's a typical Bryan Carter case of going for part of the debt on the CCJ while still sending me letters stating the full amount of debt.

 

Thanks

[nicklea]

Hi,

 

It would help if you gave more details about the case. What was/is the claim against you? It sounds as though you have already admitted a debt or failed to respond to a court summons?

[karen08]

Same thing with me. I now have a default notice(my own fault I know) from Northhampton court for a debt chased by Brian Carter. Same thing, they only want part of the debt, but reserve the right to go for the rest at a later date.

[palomino]

It's Carters going for their fee's

 

Without seeing the poc how do you know?

[palomino]

I think you will find that it's not BC at fault in this instance.

Natwest have engaged two DCAs at the same time. You have to write a formal complaint to Natwest explaining the situation and requesting them to rectify the situation.

In view of the situation you must emphasise that 'time is of the essence'.

 

Natwest are inept. They've done it twice to me - on the second instance they wrote a 3-page grovelling apology (because they expect me to complain to FOS) which had me almost laughing.

[born85]

Hi, I know its been awhile.

 

I still have the CCJ from Bryan Carter for the partial amount. I just don't know what I should write on the N244 form to have it set aside. What did other people in the same boat write?

 

Thanks.

[born85]

Hi, I would just like to update.

 

I have received a letter from Lewis Debt Recovery dated 26th Jan 2009 with a notice of assignment

of this NatWest credit card debt to CL Finance Limited for the amount of £541.10

demanding I pay in full by 2nd Feb.

 

In the same envelope there was a NatWest letter-headed letter saying the debt had been assigned to CL Finance Limited too.

 

The CCJ that was taken out on me by Bryan Carter last May for a partial amount

still remains unpaid after an unsatisfactory response

to my compliant made to NatWest over the whole affair.

 

I'm just wondering what I should expect to happen next, can CL Finance Limited take out another CCJ for this debt?

 

Who does the original partial amount CCJ belong to now as this debt has been bought by CL Finance Limited?

 

 

Thanks