Bryan Carter Solicitor 'Warrant' Letter.

[fuzzybobble]

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

 

You can view cookies from Internet Explorers Tools menu.

 

I found Frederickson's cookie on my PC.

The file was called [email protected][2].txt

 

and the file contained the following information....

 

__utma

30261864.1902925939.1221393709.1221393709.1221393709.1

fredricksoninternational.co.uk/

1600

2613206528

30102532

2864371424

29955681

*

__utmb

30261864

fredricksoninternational.co.uk/

1600

3675722240

29955685

2865471424

29955681

*

__utmz

30261864.1221393709.1.1.utmccn=(referral)|utmcsr=consumeractiongroup.co.uk|utmcct=/forum/debt-collection-industry/159571-bryan-carter-solicitor-warrant.html|utmcmd=referral

fredricksoninternational.co.uk/

1600

1721253376

29992394

2872581424

29955681

*

 

So yes they do spy on us.

So if you ever visit a DCA site. delete the cookies before coming on CAG.

[blipvert]

Sorry fuzzybobble, this may sound a daft question. But would that cookie link a username on CAG back to the cookie originator ?.

[misterm]

Clear cookies with a Good Internet clean up programme at end of each p/c session.

[fuzzybobble]

Sorry fuzzybobble, this may sound a daft question. But would that cookie link a username on CAG back to the cookie originator ?.

It would if it was a link to a new thread. They would know who started the thread and also know who had visited their site + their ip address too.

 

I've started a new thread about it anyway. I think everyone should be made aware of this.

[babybear39]

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.

 

I'm going through this at the moment with Experian and AK. Had a letter from Experian friday saying they're investigating it

[KER]

Hmm I didn't have one for crellins carter. I must admit I didn't go to frederickson

[DejaVu]

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.

Linus,

Spot on. To a tee! Exactly as you've written it, except the due date was yesterday. Didnt give 2 weeks before knocking. Turned up today.

 

Going to ring the court tomorrow and explain I need a least a few weeks (til pay day).

 

In the meantime forward a CCA to BC. If this letter is sent, does this mean the account goes into dispute and the court cannot collect the £77.25 til I've had a reply or should it still be paid?

 

Is there any decent example of a CCA Request letters I can use in this situation. I'm not good with words and would need some sort of standard letter to send. Gonna take a look for it now.

[babybear39]

Here's the template CCA request, you need letter N:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Amend to suit, use a £1 postal order for the fee keeping a copy of the serial number to check if they cash it, do not sign, print or initial your name, send recorded keeping a copy with your postal reciept.

[Linus]

Would it be worth mentioning in the letter to BC, that you are going to get the CCJ set aside and are going to defend it? I just dont want to see any more Caggers falling down the same hole I did.

 

As Mr BC tried to go for a second bite of my apple, and sent him a letter about splitting claims, all gone quiet but I have put BC in my crosshairs and I am not going to let him sneak away, if anyone has a good template idea to send to Crellins and or SRA, that would be a great help.

 

Good luck DejaVu, PMed you about your question.

[palomino]

In the meantime forward a CCA to BC. If this letter is sent, does this mean the account goes into dispute and the court cannot collect the £77.25 til I've had a reply or should it still be paid?

 

No. A request for your credit agreement is simply that : a request. Until they have defaulted on supplying a compliant agreement you have no grounds for disputing the matter.

 

In any case you now have a CCJ. It is this that is being enforced, not your credit agreement. The £77.25 is the bailiffs fee and that has to be paid. It is nothing whatsoever to do with the agreement. In fact the agreement is now history. Gone. Irrelevant. Superseded by the CCJ.

[Linus]

When I spoke to a court adviser the £77.25 is broken down thus:

£50.00 BC CCJ payment

£25.00 Court Fee

£2.25 Warrant fee

 

The court adviser was very informative and gave me some great advice on CCJs and the possibilities of getting them set aside.

My original debt was £1589, and the CCJ was for £245, the adviser informed me that the CCJ is now locked down, it would be very difficult for BC to claim "I forget about the rest of the debt, so I think I will try for the rest of it", basically he should have gone for all of it at at once, thats when I found out about splitting claims.

 

And off the record I was told "not bad £245 for a £1589 claim" it would be very difficult for BC or anyother DCA to try and come after the rest.

Of course I am not saying it is impossible, but would be very difficult.

[Ell-enn]

An acquaintance of mine made a complaint to the SRA regarding BC's splitting of claims and got a reply back saying that unless a judge had ordered that the claim was an abuse of process then they couldn't do anything to Carter - what a surprise!! (NOT)

[babybear39]

An acquaintance of mine made a complaint to the SRA regarding BC's splitting of claims and got a reply back saying that unless a judge had ordered that the claim was an abuse of process then they couldn't do anything to Carter - what a surprise!! (NOT)

 

Bl**dy typical

[ODC]

Surely if it against the County Court Rules as has been discussed here on numerous occasions then the SRA are wrong for permitting their member to flout these rules on a daily basis

[fuzzybobble]

When it comes to Bryan splitting his claim on me, I will write to the court explaining what he's been doing.Hopefully I'll get a judge to reply saying that it is an abuse of process, then I can send a copy to the SRA. Hopefully then Bryan will get his bum kicked.

[ODC]

When it comes to Bryan splitting his claim on me, I will write to the court explaining what he's been doing.Hopefully I'll get a judge to reply saying that it is an abuse of process, then I can send a copy to the SRA. Hopefully then Bryan will get his bum kicked.

Im looking forward to Bryan being FUZZYBOBBLED:cool:

[palomino]

When it comes to Bryan splitting his claim on me, I will write to the court explaining what he's been doing.Hopefully I'll get a judge to reply saying that it is an abuse of process, then I can send a copy to the SRA. Hopefully then Bryan will get his bum kicked.

 

You don't need to write to the court (which you wouldn't do anyway as you would put this in your defence) because it is clearly written into the particulars of claim. The judge (if it ever gets to a judge) will see it straight away.

Mind you whether a judge will ever figure out what is happening is another matter.

If you don't file a defence then it won't even go in front of a judge - it will simply be rubber-stamped by court staff without even being read.

 

 

As far as strategy goes it is perhaps best to settle for BC's claim as you are settling for only a very small part of the total debt, and there is no way that anyone can claim for the balance. Which is what I did.

[palomino]

Oh, and judges don't send letters. They make judgments.

[ODC]

 

 

As far as strategy goes it is perhaps best to settle for BC's claim as you are settling for only a very small part of the total debt, and there is no way that anyone can claim for the balance. Which is what I did.

 

Let me understand this. You settled the amount BC claimed. This as you say is only a percentage of the actual value of the claim and is indeed usually his fee plus the court costs. What happened to the bit he usually puts in about reserving the right to make a further claim.

 

If you tactic worked well for you then it would be an excellent cost effective way to go to rid yourself of a debt once and for all.

 

I think you may be on to something here

[palomino]

Let me understand this. You settled the amount BC claimed. This as you say is only a percentage of the actual value of the claim and is indeed usually his fee plus the court costs. What happened to the bit he usually puts in about reserving the right to make a further claim.

 

If you tactic worked well for you then it would be an excellent cost effective way to go to rid yourself of a debt once and for all.

 

I think you may be on to something here

 

I think my message is beginning to sink in! The other part of the claim just disappears. If BC or any DCA or even the OC tries to claim for it then a complete defence is the fact that the claim was divided. See the County Courts Act 1984 here - Results within legislation - Statute Law Database. You need section 35.

[ODC]

I think my message is beginning to sink in! The other part of the claim just disappears. If BC or any DCA or even the OC tries to claim for it then a complete defence is the fact that the claim was divided. See the County Courts Act 1984 here - Results within legislation - Statute Law Database. You need section 35.

I was reading on here where a member complained to the SRA about BCs prediliction to splitting claims and they did not seem to see anything wrong with it.

[fuzzybobble]

Here's the actual quote from that thread....

 

 

An acquaintance of mine made a complaint to the SRA regarding BC's splitting of claims and got a reply back saying that unless a judge had ordered that the claim was an abuse of process then they couldn't do anything to Carter - what a surprise!!

-----------------------------------------------------------

 

So in any defence it may be a good idea to ask if it can be ordered that BC's claim is an abuse of process, then send a copy of it to the SRA insisting they kick BC up the bum.

[palomino]

I was reading on here where a member complained to the SRA about BCs prediliction to splitting claims and they did not seem to see anything wrong with it.

 

 

Maybe no-one pointed it out to the judge. In some respects they are just black boxes processing only those matters placed in front of them. If you don't point it out the judge might forget it or overlook it. As fb says it might worth asking for it to be ruled an abuse of process.

[timewarp3]

I think my message is beginning to sink in! The other part of the claim just disappears. If BC or any DCA or even the OC tries to claim for it then a complete defence is the fact that the claim was divided. See the County Courts Act 1984 here - Results within legislation - Statute Law Database. You need section 35.

 

 

I have a similar problem with BC, they wrote to my current address threatening action, used old address to serve paperwork and then obtained CCJ in default (over 1 year ago), then remembered current address for follow up, I have an OC (EGG) debt of over £5000 but BC split the claim so the Judgement with charges they are claiming a little over £300, Am i right in my understanding of Palomino's statement:- that if i settle this amount - the remaining part of the claim is laid to rest ? with neither BC or DCA being able to chase it up ?- This may be the silver lining I need,

if so, does it also follow that the judgement will be shown as settled on the credit file? :grin:

[fuzzybobble]

I'm doing the following as Sillygirl1 suggested............

 

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.

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...................

 

That should add a bit more evidence if the likes of Bryan Carter try the sending court forms to your previous address and maybe the Northampton court will send them back to BC saying the address is incorrect.