CCJ / Bryan Carter???

[philby21]

Hi folks,

 

I have today just received a CCJ claim form from Northampton CCBC, have been scanning through here looking for advice and have seen quite a few comments regarding this Bryan Carter character.

 

The claim is for an old Egg credit card that I had problems paying (amongst quite a few other things following being made redundant from a well paid job a few years ago). I have ended up going through the proverbial mill with a few DCA's playing the usual game of refusing to accept my offers of payment until one finally took the hint and accepted a token payment (all I could afford really due to mortgage issues but that's another story entirely and one the FOS are working on!). Due to some recent personal issue I have missed a couple of payments and now, without any other warning the CCJ paperwork arrives!

 

While I do not dispute the claim as such I am wondering whether, due to the recent issues / comments over Bryan Carter & Co Solicitors - how should I go about dealing with this? I am considering just admitting everything and offering £5 per month (£3 more than I was paying previously), does anyone know if this is likely to be accepted, bearing in mind that my financial statement to the court will reflect that this is a fair and manageable amount for me to pay?

 

Thanks in advance for any assistance and if anyone needs any further information please let me know.

 

Regards,

 

Phil

[42man]

Hi Philby....can you tell us what the Particulars Of The Claim are ? (don't be too specific with the amount though)

[42man]

They normally split the claim which is an abuse of the court process....

[surfaceagentx20]

Personally, before admitting anything, I would want to check the agreement and termination procedure adopted by the creditor was Consumer Credit Act compliant. All of that should be documented and best practice would involve the creditor demonstrating compliance when beginning proceedings, though as is so often the case in proceedings begun in Northampton, that may not be the situation in your case.

 

The place to begin is to examine the text of the Particulars of Claim. If you could provide that here after deleting anything which may identify you, that would be a help. If you happen to have a copy of the agreement, default notice and any termination notice to hand which you could show, that would be a great benefit too.

 

x20

[philby21]

From the "Particulars of Claim" section of the form:

 

"The Claimant's claim is for the balance due under an agreement which is now all due and payable.

 

The Defendant agreed to pay monthly instalments under account number xxxxxxxxxxxxxxxx but has failed to do so.

 

And the Claimant claims the sum of xxxx.xx.

 

The Claimant also claims interest thereon pursuant to S.69 County Court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00"

 

The interest amount is actually what is printed on the form, if they're not claiming anything then I'm not totally sure why they bothered putting that bit in!

 

With respect to procedure etc, I have had a notice of default in the dim and distant past plus I put in a CCA request with one of the DCA's involved which was responded to. I probably have copies of everything somewhere but it would take me quite some time to find everything (depending on where the wife filed it!).

 

Thanks,

 

Phil

[surfaceagentx20]

Is Egg the Claimant?

 

The plea that 'The Defendant agreed to pay monthly instalments under account number xxxxxxxxxxxxxxxx but has failed to do so' is plainly untrue unless of course you did agree to pay monthly instalments and didn't pay any. Usually this type of agreement provides for either repayment in full of the amount outstanding at monthly intervals or the payment of a variable amount measured as a percentage of the month balance.

 

See if you can unearth those papers over the weekend. Meantime, put in an acknowledgment of service indicating you intend to contest the entire claim.

 

x20

[philby21]

The monthly payment agreement was arranged via another DCA acting on behalf of Egg and I was paying. As I said, I missed a couple of months due to personal reasons (my mother died at the end of August).

 

So basically, yes, I did agree to make monthly payments. Incidentally, since missing these payments I received no further warning either from the DCA or anyone else.

 

Phil

[surfaceagentx20]

So you're concluding the agreement they speak of is the agreement to take instalments on the drip, not the agreement regulated by the Act?

 

And in the agreement for drip payments that it was expressly provided that your default in one payment would result in the entire debt becoming repyable immediately?

 

Who is the Claimant?

 

x20

[philby21]

The claimant is Egg Banking Plc.

 

I am presuming that the agreement they are referring to is the negotiated payment agreement but the forms don't make that clear.

 

Phil