Bryan Carter - Associates Credit Card Debt

[olddebtscomeback]

Hi, I am new to the site although I see there are many posts about Bryan Carter and their practices. My case is quite advanced now but I wondered if there is anything I can do to reduce the overall debt or cease payments completely if there practice has warranted it.

 

I originally defaulted on the agreement in March 2004, the default balance was £2117 although this must contain many charges as the original credit card limit was £1500.

 

Bryan Carter obtained a judgement for £303 in Dec 2005 which I have paid. I then set up and agreement for the balance which over time i did not keep to and in August 2007 they obtained another Judgement for £2108 which i have been paying a monthly amount towards. According to Credit Expert I still owe £1426 on this debt.

 

I have asked Bryan Carter many times over the telephone for a statement of the account but nothing ever comes.

 

I see on this site that I should request a CCA from them, but is it too late for that to be effective as I have already paid them money, also i see recommendations to get a list of charges applied to the account, are these unlawful? Can they be reclaimed?

 

I would appreciate any help anyone can give me.

 

Many thanks

[Huff&Puff]

Stop paying, if he split his claim, then he cannot ever take you to court for the balance. If you've paid the CCJ then you are free and clear

[dx100uk]

i'd also SAR the OC and get those charges back

 

dx

[Toulose LeDebt]

I think you need to clarify whether the 'judgment' obtained in 2007 was a real CCJ or are you paying just because BC told you they had entered judgment against yourself for the second much larger amount?

 

If this judgment does not exist then stop paying as he is not legally allowed to gain a second judgment (County Courts Act) on the same debt.

 

If he has genuinely raised two CCJ's against you for the same debt then you really need to stop paying and look towards going back to Court to get the second one set aside.

 

BC often go for a £300 or 10% claim for costs, if they do this through the Court then it means they cannot possibly take you back to Court which can actually be used to your advantage if you can afford the £300 before the CCJ is registered (1 month).

 

Check your credit files see if he does actualy have two CCJ's against you.

 

(And read some of the Bryan Carter threads on here to see how this despicable outfit behave when it comes to Court proceedings).

[palomino]

Yes, you really need to find out if there are two judgments for the same debt.

 

In your paperwork dDo you have any court claims? Do you have any court judgments?

If you have two which are two parts of the same debt then please post the particulars of claim (poc) for each one up here [remove any details that might identify you personally].

 

If you have difficulty finding out about any judgments then you can get details from the Registry Trust website. There is a fee. CCJs, court orders & fines - Search yourself and others - Trust Online

[rameses_qc]

And if he has told you that a 2nd CCJ exists when it doesn't, report the despicable odious man to the SRA.If he has gained a 2nd CCJ unlawfully, then the Judge will probably do that for you, but to make sure, report him anyway. He should be struck off for the strokes he pulls

[olddebtscomeback]

Both CCJ's are real, they are listed on my credit expert search. I have the case numbers but not the original paperwork.

[Toulose LeDebt]

Both CCJ's are real, they are listed on my credit expert search. I have the case numbers but not the original paperwork.

 

Then Bryan Carter are in a lot of trouble.

 

They've split the claim and raised two CCJ's against you for the same debt.

 

You should follow this link and have a read it will give you a good background on the situation.

 

I think you'll probably need to apply for a set aside on the second CCJ on the grounds that pursuant to Sec 35 County Courts Act 1984:

 

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.

 

I'm not sure where you will stand but I would also have a good attempt to reclaim every penny you've paid him under the second CCJ.

 

Stop paying Bryan Carter 'he' has broken the law.

 

And definitely report this behaviour to the SRA and the OFT.

[palomino]

How long ago were the ccj's - the second in particular?

 

It's a general principle of the courts that you are allowed only one bite at the cherry, and you had yours when you defended (or didn't defend) the case. This gets worse the longer you leave it so you might find it harder than you expect to have the second judgment set aside.

But I certainly hope you do. Fervently.

[olddebtscomeback]

The second judgement was in August 2007, thanks.

[olddebtscomeback]

"I think you'll probably need to apply for a set aside on the second CCJ on the grounds that pursuant to Sec 35 County Courts Act 1984:

 

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."

Is there a template on the site I could use for filing this type of claim, I have never had any dealing with the courts over financial matters. I wish I knew about this site when the first ccj was brought against me!

[RedVixen]

quick question how are CCJs recorded on CRAs ie who does it

[olddebtscomeback]

The information is provided by Registry Trust Ltd

[palomino]

Is there a template on the site I could use for filing this type of claim, I have never had any dealing with the courts over financial matters. I wish I knew about this site when the first ccj was brought against me!

 

I'm pretty sure there isn't because it happens so rarely (people wanting to have the second judgment set aside, that is).

 

I've never applied to have a judgment set aside so I'm not sure what you put in the appropriate boxes, however a simple statement much as appears in earlier posts seems pretty reasonable.

You would also have to address the issue of why you didn't do this at the time.