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Mint/RBS & Bryan Carter 2 part CCJ


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Right here we go; my RBS Advanta/MINT card defaults started mid 2005 after I was dismissed from my job.

 

Plenty of (now deemed illegal) charges & PPI which was useless as they said I brought my job loss on myself. Can’t remember if I asked for PPI.

 

The debt bounced around several threatogram agencies such as Triton, Newman, Fredrickson & finally landed with Bryan Carter.

 

Bryan Carter got CCJ for 10% of debt by default which I paid off over 8 months by the instalments listed on the CCJ.

 

Received letter from Bryan Carter advising CCJ satisfied but there is a balance outstanding & I need to pay it. No information of to who (him or RBS), when or how (instalments or lump sum).

 

Six weeks later after no other correspondence Bryan Carter send letter advising that they have issued litigation proceedings for the balance & I would get the claim form in the next 48 hours.

 

In hindsight I made the stupid move of admitting the full debt on the response pack & filling out all my personal details & financial situation. I was getting approx £350 per month carers allowance & income support & no other form of income, I showed that I was paying out £200 per month in other debts & offered £50 per month as that was what I had been paying previously.

 

The next letter was a CCJ acceptance advising me to pay £50 per month starting on the XX of Nov 2007 which I have been paying without fail.

 

Final letter from Bryan Carter in Jan 2008 advising that their client has accepted my offer & to pay my FIRST instalment by XX Feb 2008 (had Bryan pocketed the last 3 months??)

 

NOW do you think I have grounds to ask that the 2nd CCJ is set aside due to the fact the balance may have contained illegal charges & possibly miss-sold PPI & the fact that Bryan Carter split the claim contrary to County Court Rules.

 

All letters & documents scanned in & ready to post if required.

 

Any advice or thoughts welcomed

 

Morph

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Bryan Carter has acted unlawfully yet again. I don't think there will be any problem with getting the second CCJ set aside, and if you don't mind having the first CCJ, you can never be persued for the rest now, and it doesn't matter what you've paid or admitted to AFAIK :)

 

He split his claim with me too, but I'm still paying off the first CCJ, and I haven't decided what to do yet, now that I've found out what's what from this wonderful site.

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PPI is going to wiped out in 2010 as there have been so many mis-sold policies. These companies will say that you have no legitimate claim based on frivolities and hope that you adhere to what they say.

 

By all means post the information you have, i am sure that some of the most experienced Caggers will reply forthwith.

 

Regards.

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You need to do what Toulose LeDebt suggested in Post #8 of the other thread, getting at least the second CCJ set aside has to be the way to go here. As he has acted unlawfully getting the set aside ought to be a slam dunk as far as I can tell.

 

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

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