Bryan Carter Solicitor 'Warrant' Letter.

[DejaVu]

After much head burying in the sand, my wife is being harassed by this company explaining that a warrant has recently been issued against her for collection of goods from our house!

 

A quote from the letter sent that has worried me a little:

 

'we are now instructed to request that the court enforce the above warrant without further notice to you. The couty court bailiff will be instructed to seize goods to the value of the warrant and this may result in the removal of such items as your TV or Video'.

 

Doesnt really worry me too much (I dont own a Video or DVD and my TV is pretty rubbish anyway! ), but the prospect of getting baliffs knocking is pretty daunting, although they'd never get in even if they did come knocking!

 

This is the first we have heard of this 'warrant', they have given a warrant reference number, but no court details that issued the warrant, meaning I cannot contact any court to investigate.

 

We have ignored previous letters, but am now thinking that a CCA request should now be sent to ask if the debt they are enforcing (which is around 4 years old) is actually within their right to do so. IE, with the signed agreement etc.

 

Unfortunately, I'm not very good on this stuff and searching the huge library of documents on this site is quite confusing to me, I am but a simple end user.

 

If it makes any difference the supposed debt is with Egg Banking PLC.

 

Also, I think it should be good to also mention that we recieved a letter from them a few months back explaining that the have added there 'costs' to the balance of the 'alleged' debt.

 

I recieved this letter this morning (12th September) and the date of the letter is 10th September. The closing statement of the letter states...

 

'To make immediate payment telephone 0845 313???? before 5pm tomorrow'.

 

So does that mean they need me to time travel back in time to yesterday and ring them before I get back from work? Best get on the blower to Doc Emmet Brown and Marty McFly I guess!!

 

Anyone's help/advice in my situation would be appreciated.

 

Cheers.

[fiftypence]

Sounds like another version of a standard threat letter. Might be an idea to CCA them and don't forget to put at the top of the letter that you do not acknowledge any debt to them or anyone they represent.

[berrylover]

ok getting a letter to you, hang on there. DO NOT PHONE THEM

[berrylover]

Dear Sir,

Account no:

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to (insert company name).

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I now require all further correspondence from your company to be made in writing only.

With reference to the account above I would be grateful if you could send me a copy of the signed credit agreement.

I understand that under the Consumer Credit Act 1974 (sections 77-79); I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand that a copy of the credit agreement should be received within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

Be advised that any further telephone calls from your company will be recorded.

I await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

 

DO NOT SIGN IT, print your name, send it at first class recorded. DO NOT PANIC, it is worded to sound more threatening than it actually is at the moment. Make sure it is posted today first class.

[ODC]

I would be inclined to check with Northampton Court as its highly probable as you did not contest the odious Mr Carter's claim the he has got default judgement against you at Northampton Court

[Linus]

I have plenty of experience with BC and county court baliffs, and I have paperwork to aid.

 

1.If its a letter from BC then under dear sir/madam, there will be warrant number, take it from me they will call the bailiffs, this is experience talking.

 

2.You will get a letter from the court before the baliffs call, on this WHITE letter called NOTICE OF ISSUE OF WARRANT OF EXECUTION it will have:

Case number

warrant number

local number

claimants ref

Details and your local court

 

This letter gives you about 1 weeks notice

 

3.Then after the week is up you get about 2 weeks before the bailiff calls round, and if your not in slips another white letter (handwritten) through your door, Letter title " NOTICE OF VISIT BY THE BAILIFF" it asks you to ring them and sort something out.

 

Now from my experience the court bailiffs are very good and helpful, You can ask for a couple of weeks to pay, and they say no problem.

Now you get about 8 weeks before BC starts this all over again, and so the dance starts again.

 

And I bet the amount is £77.25, inbetween time fire off a CCA request to BC.

[palomino]

Berrylover, that warrant is a court document. In the circumstances your letter is meaningless I'm afraid.

 

DejaVu, Unless you've received some papers from the court that you haven't mentioned then this warrant is the first you've heard of the case?

You should have had a notice of claim form (to which you should have responded) and later on a notice of judgment by default.

Have you moved addresses in the past? I'm asking because one of BC's nasty little ploys is to tell the court an old address of yours. The notice of claim is sent to that address, with the result that you never get to know about it. Judgment in the case is then given by default, and then BC 'miraculously' finds your current address to get the warrant issued.

The warrant is real and can be used to instruct a bailiff unless you do something quickly - I'm not sure of the timescales. Because this is a default judgement it was almost certainly issued at Northampton County Court Bulk Centre (CCBC). Ring them up and quote the case number that is on BC's letter. Ask for a copy of the claim as you have never received and also ask for a copy of the 'case details'. They might not send a copy of the claim but they will send a copy of the details.

This will have everything to do with the case, including the address used for you when the claim was lodged.

 

If you have grounds for having the judgment set aside you can then proceed to request that the CCJ be set aside. Bear in mind that any grounds for having the judgment set aside must meet the same criteria as required for defending the claim if you had defended it. In addition you must have a good reason for not defending at the time - which is why the address business above is so important.

 

One small point : a CCJ totally supercedes any enforcement action provided by having an agreement, hence a challenge to the debt on this basis is irrelevant once the CCJ is granted.

In your case the absence of a compliant agreement would be grounds for defending the case if you had known about it at the time and so would now be grounds for applying for the judgment to be set aside.

 

So, the first question is : did you receive the court papers or not? It depends on you answer where we go next.

[Linus]

Thats very informative Palomino, wish I knew all this wayback when I was naive, I could have saved myself 2 CCJ's and £500, I only got BC off my back when he cam after the rest......I lookforward to the day that BC chances his arm with me again. The more I read on this forum the sharper my teeth get.....

[misterm]

Who does Bryan Carter usually Act For OC/DCA ??

[misterm]

OK I have now found the B C THREADS It is worrying that he can mislead the court with an address that you may have lived at 12 years ago/ next thing is you find you have a CCJ This begs the question Should we be PRO-ACTIVE in trying to get resolution re debt with OC/DCA Rather than waiting for a nasty surprise with Bryan Carter ??

[DejaVu]

Great information, palomino.

 

The bottom line is, we did move to our new address in August 2006. We have never recieved any court documents, although we have recieved a fair few letters from Brian Carter threatening with it. I reckon they have done exactly as you have said. Sent the 'important' documents to our previous address and these so called threatening letters to our new address.

 

If they have done this, we will most definately follow this all the way through, cheeky B'Stards!

 

We've NEVER spoke to or acknowledged ANYTHING with them. Letters came and went, text messages did happen, but we changed numbers 3 or 4 times and have since stopped (probably got fed up throwing money at finding our numbers out just to be hung up on!!)

 

Who would we need to write to first? The court to get this supposed information or to BC to tell them they are complete and utter slime and we require proof they own such a debt that carrys my wife's signature!?

 

Surely, misleading the court with false information is illegal and perhaps a counter claim against these idiots from Joe Public that have been penalised in this way should be organised?

[DejaVu]

Any suggestions anyone?

[blipvert]

>>>Surely, misleading the court with false information is illegal and perhaps a counter claim against these idiots from Joe Public that have been penalised in this way should be organised?

 

Surely, it should be possible to get a copy of the 'important paperwork' that we suspect went to your previous address from the court, compare the date on it from previous correspondence from BC, if later then that is incriminating. I wonder if there is a strategy for preventing this type of thing from happening in the first place ?. Fuzzybobble ?, anyone ?

[misterm]

This Bryan Carter should be held to account He seems to have caused MISERY for many people using this forum He seems to play games with the LAW. He should be REPORTED BUT HOW ?

[blipvert]

This Bryan Carter should be held to account He seems to have caused MISERY for many people using this forum He seems to play games with the LAW. He should be REPORTED BUT HOW ?

 

The complaint needs to go to the Law Society. However, it will need to be backed up with hard evidence. If what Palomino says is right then perhaps this forum is able to flush out victims of this blatant malpractice.

 

Anyone ?

[pt2537]

A formal complaint should be made also to the Solicitors Regulation Authority

 

Carters always conduct themselves in this manner and they should be held to account for their blatant abuse of the court processes

[fuzzybobble]

Who does Bryan Carter usually Act For OC/DCA ??

 

He seems to show up after Frederickson International send a few threat-o-grams.

 

I recently had a letter before action from Frederickson's. So, I'm sure Bryan will be showing up in a few weeks time.

 

Is there any way to tell if he's sending court claim forms to an old address? Would it be worth getting a copy of my credit file to see if he's been searching it for old addresses?

[sillygirl1]

If you do get a copy of your credit file wipe all the tracking cookies off your computer as Experian are putting them on... just a word of warning here from another thread... when you go to your bank account etc they will find out who you are with, even if you have a parachute account which didn't need a credit check.

 

Also be prepared for a flood of letters from the DCAs - but then they don't know Fuzzybobble - do they - and probably haven't learnt not to phone a CAGer...

 

I would ring Northampton County Court and ask to have an address change registered against you - I know somebody who did this and found that there were three potential CCJs which they were able to have transferred and thrown out due to abuse of process.

[fuzzybobble]

That's interesting. How do I actually go about an address change thing with Northampton? I prefer to do everything in writing to be honest. I have an inbuilt fear of doing legal stuff by phone. I blame the DCA's for that one 6 years ago. I know on my credit file I have 3 addresses listed. One of which I have never lived at. I wrote to Experian to inform them that the address is wrongly associated with my file, but they refused to remove it.

[palomino]

Fredrickson International and Bryan Carter are joined at the hip. Both are in Weybridge but at different addresses, although some correspondence from BC has the same address as FI.

 

They have different web sites - the one for BC even contains photos of the practice members including BC himself.

 

Welcome to Fredrickson International Ltd

...:::Crellins Solicitors:::...

 

Telephone numbers are -

BC - 01932 858 833

FI - 01932 333 000

[sillygirl1]

You can write to Northampton County Court and/or send a fax listing the addresses, with your current one highlighted, and ask for a notice to be put on your Experian file for avoidance of doubt - this is a newish thing which has been set up - I think they are getting fed up of the likes of certain firms lodging a claim at one address whilst writing to another....

[ScarletPimpernel]

Anyone ever complained to Crellins about Carter's behaviour? Firms of solicitors are obliged to have a complaints procedure. A letter to the senior partner should start it all off.

[palomino]

If you do get a copy of your credit file wipe all the tracking cookies off your computer as Experian are putting them on... just a word of warning here from another thread... when you go to your bank account etc they will find out who you are with, even if you have a parachute account which didn't need a credit check.

 

Pretty nasty, but I have to say I'm not surprised any more.

I checked the web addresses of Fredrickson and Bryan Carter before posting my message above. Guess what - they left some cookies behind. They aren't there any more!

 

Perhaps this needs to be more widely advertised. Also, where is the other thread you mention?

[KER]

How can you identify their cookies??? I looked at one too!

[misterm]

The CRA 's normally are aware ehich Bank you are with Because The Bank Normally Log You As A customer with an a/C Particulary if you have a O/D facility