Bryan Carter - CCJ - Split Amount

[vincentfan]

Hello - Me Again

 

Original debt with Capital One Credit Card £3600

 

Went to various debt collectors and ended up with BC

They then CCJ me to the tune of £346.00 ???

It all got messy (I will not go into reasons why, Soon to be ex stuff)

Ex did not pay as promised and I then got a default for £368.00??

Got threatened with Bailiffs and paid the £77.25 to the court to stop them coming to my door

Leaving a balance on the judgement of £168.00

I have since paid BC over £300, on a monthly basis of £50

I can no longer afford this and stopped paying them at the end of August

The balance now owing is £2700

 

My questions are

Do I CCA them as a matter of course

 

And my main question - Can they take this to court again??

As they got a judgement by default on this debt which has now been paid in full

I have not sent them a CCA request either

They are now calling me at least twice a day (I do not answer) I have a secondary line with a distinct ring tone

 

I would be interested to know if anyone knows of a case like mine

IE - Splitting amounts owing - And the outcome of such cases

 

What do you experts suggest I do next

 

Thanks in advance xx

[fuzzybobble]

Bryan Carter has habit of splitting claims. There are quite a few threads about it if you use the sites search thingie. He goes for his costs as a part claim.

 

I'm sure I read somewhere on here that if you have a CCJ for a part claim, then they can't go to court for the rest of it.

I'm off out in a min, but will have a look tonight and see if I can find the info for you.

 

Be nice if you can just pay the CCJ amount, then tell them to get stuffed for the rest of it. Also if Bryan Carter has split the claim then you can report him to the solicitors regulators, as it's abuse of process to do that.

[gkbell5]

Hi,

 

Bryan caretr have done a similar thing to me, i owed hsbc £2000 and bryan carter has took it on, they have now managed to get me a part CCJ for £305! In a bit of a pickle myself as to what to do, but your not alone.

 

Regards

[palomino]

Hello - Me Again

 

Original debt with Capital One Credit Card £3600

 

Went to various debt collectors and ended up with BC

They then CCJ me to the tune of £346.00 ???

It all got messy (I will not go into reasons why, Soon to be ex stuff)

Ex did not pay as promised and I then got a default for £368.00??

Got threatened with Bailiffs and paid the £77.25 to the court to stop them coming to my door

Leaving a balance on the judgement of £168.00

I have since paid BC over £300, on a monthly basis of £50

I can no longer afford this and stopped paying them at the end of August

The balance now owing is £2700

 

 

Your sums don't add up.

You have a judgment for £346, which somehow becomes £368.

You pay £77.25 (presumably this is the bailiff fee) and this leaves £168. What happened to the other £200??

Despite the judgment being for £346 or £368 (not sure which) you have paid BC £300 and then stopped. So you are £46 or £68 short of the judgment amount. Where does the £2700 come from?

 

Confused...

[42man]

As pt2537 said on the other Bryan Carter thread, once the CCJ is paid, then they can't chase you for the rest, if the CCJ was for part of the debt and the debt is satisfied then you do not have to pay, the debt is satisfied and therefore the creditor would have to seek to sue Bryan Carter for negligence in bringing a claim incorrectly.

[vincentfan]

Your sums don't add up.

You have a judgment for £346, which somehow becomes £368.

You pay £77.25 (presumably this is the bailiff fee) and this leaves £168. What happened to the other £200??

Despite the judgment being for £346 or £368 (not sure which) you have paid BC £300 and then stopped. So you are £46 or £68 short of the judgment amount. Where does the £2700 come from?

 

Confused...

 

I am just quoting the figures on my CCJ documents (Do not know why the amounts differ - Extra court costs or interest maybe )

Yes, the £77.25 was the bailiff fee (which I paid to the local court)

 

The missing £200 is 4 x £50 monthly payments which I have made to BC

 

£2700 is the balance left owing on the original debt of £3600 (ish)

 

As I have paid BC more than the CCJ will this cause me problems?

 

Sorry Palomino if I have confused you

I myself am confused by all the different amounts

Not hard to confuse me

Thanks for your replies folks

Edited December 20, 2008 by vincentfan

[vincentfan]

Shameless bump

 

As I have paid BC more than the CCJ will this cause me problems?

Edited December 20, 2008 by vincentfan

[godpikachu]

yeah, as fuzzybobble said, solicitor cannot split claims, they either claim it all in one go, or they dont, theres no second chance for them to recoup their legal costs etc, they should do that at the time of the original claim.

 

id consider making an official complaint to The Law Society, they are the regulators of all solicitors throughout England and Wales.

 

state to them that carters are attempting to abuse process by making a split claim for the same debt on multiple CCJS, and are harassing you for additional payments, even after you have settled the matter in court and have paid the amount as stipulated by the court.

 

if you contact them through the website and state that you want someone to give you a call they will ring you and go through the complaint process etc with you and let you know where you stand.

[vincentfan]

Hi,

 

Bryan caretr have done a similar thing to me, i owed hsbc £2000 and bryan carter has took it on, they have now managed to get me a part CCJ for £305! In a bit of a pickle myself as to what to do, but your not alone.

 

Regards

 

 

I would suggest you start your own thread if you need further advice

 

But as has been advised to me pay the £305 and then tell BC to go away for the rest

As you have paid the amount owing on the debt as determined by the courts

[vincentfan]

I think I may have a result here... Get the balloons ready DMD

 

After paying off the CCJ from Bryan Carter at Northampton Court (where else) the balance of the debt has now been sent back to the originals Capital One... I wonder why????

 

I might add that Bryan wanted me to pay £50 per month until my dying day... But he only CCJ'd me for a few hundred quid.... Which I have duly paid. I ignored all his letters and phone calls

 

My question is what do I do now... Other than laughing at Bryan

 

Do I CCA Cap One or do I tell them that the debt is paid as per the CCJ

 

Not sure on my standing on this as I really still owe approx £3000

[godpikachu]

......the debt is paid as per the CCJ

 

 

 

see above.

 

the court ordered you to pay £X, youve paid, and as far as im aware thats the end of your problem.

 

someone please correct me if im wrong here.

[fuzzybobble]

see above.

 

the court ordered you to pay £X, youve paid, and as far as im aware thats the end of your problem.

 

someone please correct me if im wrong here.

 

That's right. They can't do you for the same debt once the CCJ is settled. Bryan Carter must be costing them thousands.

[Linus]

I have been in the same boat with BC, he was after me for Barclaycard and capone, total owed about £2500, got 2 CCJ about £500 in total, tried to go for the rest, I went to see a court advisor who said and I quote:

"forget the rest he had the chance to claim the full amount, this would be an abuse of process and splitting the claim is a big no no, £500 for a £2500 debt is a nice little bargain"

 

Then I sent a letter to BC stating abuse of process etc, that was nearly 9 months ago, and I have not heard a dicky bird since.

 

Im sure at some point a nice little DCA will try again.....but they will get the same boot, in the same place BC did.....

[Viscount Stair]

Section 35 of the County Courts Act 1984 is what makes it a big no no.

 

35 Division of causes of action

 

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

[vincentfan]

Should I write to Cap One saying the CCJ has been paid for this debt....

Or should I just ignore them?

[godpikachu]

its up to you, personally, id send em a recorded delivery stating that no furthur monies are outstanding as the CCJ they got against you has now been settled in full.

 

if they wish to argue it then let them take you to court, then you can point and laugh as they make themselves look silly by abusing process, attempting to collect the same debt twice and wearing silly clothes.

[vincentfan]

I have not heard anything more about this debt since it was returned to CapOne in Dec 2008

 

I have paid Carters considerably more than the original CCJ

Thanks to CAG for opening my eyes...... I ceased paying them

 

What do you think my chances are of contacting BC and asking for a refund of my overpayments?

 

Is it worth a try?

[blipvert]

sorry folks, am I missing something here, am I thick ?. If BC does this and the CCJ is settled and that prevents further recovery action, isn't he doing the alleged debtor a favour and the alleged creditor a 'dis-service' ?.

[vincentfan]

Bryan Carter is an angel in disguise

I think he is the new Robin Hood

[DonkeyB]

I think Bryan Carter just never bargained on CAG getting involved!

[vincentfan]

Can I get a serious answer to my question please?

 

Shall I ask for a refund, or have I got more chance of winning the lottery?

[DonkeyB]

Maybe the question should be, what happened to the money Carter received when he got judgment?

 

If you have paid more than the judgment - which you have - then I believe you should be entitled to reclaim overpayments made to Carter from Carter. He has no legal grounds for taking more than the judgment. A simple letter stating the judgement was for XX and you have paid XX+Y (by mistake, of course), and requesting the refunding of Y should suffice. If he ignores it, you may have to sue him yourself. He has no entitlement to anything other than the judgment amount.

 

As godpikachu and 42man said, the case is closed: judgment was made, and you can't be taken to court again for the same debt. Carter has hoisted himself into his own noose.

 

As for Cap1, if they choose to take it further, as long as you have kept all the paperwork, you will win.

 

It's up to you whether you chase Carter. You may decide it's a victory anyway and put the overpayment down to experience. Or you could chase it, and make a nice donation to CAG from the proceeds. Good luck whatever you decide.

[vincentfan]

I would prefer to chase, and if i am victorious CAG will get a nice donation

 

Just need to ponder how to word the letter to BC