Brian Carter and Co Solicitors

[Neil1980]

Hang onin there missy Cash. They are very good on this site and will help you out if they can.

 

Might be beneficial to open your own thread and explain with any details and will get answered and will stay on your topic rather than mixed in with someone else.

 

Good luck

[Neil1980]

don't mean to be inpatient.

 

Any help please?

[Neil1980]

Hi all

 

The drama continues. I have today recived a letter from Brian Carter with a print out of the case details from Northampton County Court.

 

He also states in his letter that th original agreement and full statements have been requested from the client. The CCA letter was recieved at there office on the 8th of June and is by my reckoning just outside the 14 + 2 days deadline. Also i sent a letter requesting details of the warrant asking for details with in 7 working days and also only recived this today 17 working days later.

 

Any advice as to what to do next. I have checked my credit report and and found that i have 2 judgements for the same debt and the same dates as to what i have been sent today from BC&c.

 

I am at a loss as to what to do now. Any help would be appreciated.

 

Many Thanks

[I've got no money]

Do the two judgments have different claim numbers or is it the same claim number recorded twice...

 

If they are two separate claims for the same agreement you need to apply to set one side and then to strike it out.

 

The issue of BC has already been discussed - the advantages/disadvantages of a CCJ for a small amount of a larger sum - so I won't go over old ground...

 

The position basically is that a claimant to cannot split a claim - here they appear to have done so - that is an abuse of process and you are entitled to have the CCJ set aside and the claim struck out and to recover your costs.

[Neil1980]

Hi all

 

So story so far? well nothing else has actually happened since my last letter from BC&c. My last letter said that they had requested the cca from their client which was dated the 30th June 2009. As i sent the request back on the 8th June 2009.

 

Any help would be appreciated as i don't know where i stand now? does this mean the account is legally in dispute and so nothing can be claimed on this account until the cca has been recieved?

 

I am also really confused about N244 form and how to fill it out would someone help. Am i the defendant etc?

 

thanks in advance.

 

Neil

[lickthewallfatboy]

Neil,I would help if I could,but I haven't a clue about the English system

 

I'll alert the site team

[Neil1980]

Neil,I would help if I could,but I haven't a clue about the English system

 

I'll alert the site team

 

Thank you

[steven4064]

Hi all

 

So story so far? well nothing else has actually happened since my last letter from BC&c. My last letter said that they had requested the cca from their client which was dated the 30th June 2009. As i sent the request back on the 8th June 2009.

 

Any help would be appreciated as i don't know where i stand now? does this mean the account is legally in dispute and so nothing can be claimed on this account until the cca has been recieved?

Yes, under s77(4) or 78(6) they are in default until they produce a copy of the agreement. While they are in default they may not take any enforcement action.

I am also really confused about N244 form and how to fill it out would someone help. Am i the defendant etc?

What are you completig a N244 for? If they are taking you to court, you are the defendant. If you are taking them, you are the claimant.

[Neil1980]

The N244 is because i want to get the judgement that they took against me set aside and possibly struck off. Is that still possible? I was not able to put in a defence for the judgement when it was taken out as i did not live at the address at that time and recieved no court docs just found it on my credit file where it appears twice for the same debt and the same warrant number.

 

Also i am not working and benefits so do i send in the form without payment?

[steven4064]

Right, N244:

 

section 1 leave blank

 

section 2 tick 'defendant'

 

section 3 put that you want the judgement set aside - give reasons and give case and court details

 

section 4 tick 'yes'

 

section 5 tick 'without a hearing'

 

section 6, 7 & 8 leave blank as not applicable

 

section 9 write 'claimant' (you are defendant)

 

section 10 tick 'the evidence set out in the box below'

 

in box describe circumstances you told us about

 

statement of truth - fairly obvious

 

section 11 - fairly obvious

 

You will need to do a draft order for directions setting aside the judgement

[Neil1980]

You will need to do a draft order for directions setting aside the judgement

 

what does this mean sorry if i sound a bit thick but am new to all this

[xx.Morph.xx]

The N244 is because i want to get the judgement that they took against me set aside and possibly struck off. Is that still possible? I was not able to put in a defence for the judgement when it was taken out as i did not live at the address at that time and recieved no court docs just found it on my credit file where it appears twice for the same debt and the same warrant number.

 

Also i am not working and benefits so do i send in the form without payment?

 

As far as the application fee is concerned you need to fill out an EX160 form (downloadable from The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available) & contact the dept of work & pensions by phone & ask them to send you a letter proving you are on benefits, they have a template letter which is on computer & are happy to send these out. You send both the EX160 & your DWP proof letter in with your set aside request.

 

Morph

[Neil1980]

I have just had a thought about this. as this debt is a egg credit card and i believe pre 2003 could this be unenforcable? I have requested cca over 40 days ago and have not had a copy. Only thing i recieved is a case details sheet from BC&C for the ccj and a letter saying they have requested the original agreement and statements from their client.

 

Should i send another letter and forget the set aside and try to get it struck off?

 

Just a thought. opinions and advice welcome.

 

Thanks

 

Neil.

[lickthewallfatboy]

if you are sure that it is at least 6 years and one month since you made a payment/acknowledged this debt in writing,then it would be statute barred

 

and if it is,that is game over

 

end of

 

finito

 

but you need to be sure

[Neil1980]

i am sure i have paid something in the last 6 years and so would not be statute barred. But as i have not recived a cca from them which i have requested over 40 days ago, can i not write something to them to see if they are actually going to supply it? is it wise to get the ccj set aside when this is going on.

 

i think i may be reading to much into a lot of things and confusing myself? could someone advise what is the best course of action.

 

thanks

 

neil

[babybear39]

If you have a CCJ which you need set aside you need to act sooner rather than later and post in the legal issues section of the forum

[Neil1980]

sorry if this sounds a little faque and silly, but, do you suggest that i try and get the ccj set aside anway?

 

i feel i need to do something as this doesn't appear to be going any where and want to get a result at the end of it to say yes you have a ccj which i will pay or no the debt as been wiped off as they haven't complied to requests of the cca.What, if any, letters should i send and to whom?

 

Does this make sense to any of you?

 

Thanks

 

Neil

[steven4064]

You need to make an application to the court using a form N244 which you can download from Her Majesty's Courts Service - Home

[bigandyuk1]

I am no legal expert but you need to get the CCJ set aside. Until this is set aside the fact that no agreement has been supplied will be irrelevant. The judgement stands and can be enforced. Once the judgement has been set aside then you can fight on the basis of no agreement.

[Neil1980]

Ok thanks all for your advice i think that is what i will do and get the ccj set aside and then see what happens from there.

 

If anyone else has anything they think may be helpful i would still love to hear from you.

 

Many Thanks

Neil