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Neil1980

Egg/Brian Carter CCJ Help

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Hi

I have read so much and to be totally honest am bambozzeled by everything and really need your help.

 

Well heres my story that i need help with.

 

Back in May this year my parents gave me a letter that had arrived at there house for me (i have not lived there since January 2007!)

 

When i opened it i was suprised to see that it was from Bryan Carter and co solicitors with in big writing at the top Warrant Number xxxxxxx.

the letter basically said that i had an unpaid judgement debt and "The bailiff will now attend at your property". The Judgement amount states that it is for £310.50.

 

I don't live at that address and have not lived there since 2007. so my OH called them, (which i now know we shouldn't have.) We did not admit to owing the debt and advised them that i nolonger lived at that address and had not for sometime. They asked for a forwarding address which my OH did not give to them. I then wrote to themstateing i knew nothing of a judgement debt and to prove that one existed, and at the same time came across CAG and then sent a CCA Request. In the mean time i got a copy of my credit report and i found that I did have a ccj listed but it appeared twice with the same case number, date, court and amount. I then received a responce 17 days later with a letter stateing:

 

"We refer to recent correspondance in this matter and enclose the case details from, Northampton County Court showin the detail of the claim and judgement enetered against you. We have requested a copy of the original agreement and full statements from our client and these will be forwarded to you on receipt."

 

This letter was recieved on the 1st July 2009 and states that the balance outstanding is £1760.97 which differs greatly from the first letter and as of yet i have recieved no further corrspondance or CCA from them. This debt is a Egg credit card from pre2005 if that helps.

 

The case details i recieved from them seems a bit fague to me and is also shows the CCj is against another of my old address and the date is dated 2007 in which i lived a good 10 miles away from that address so I never recieved a DN, Summons or case papers.

 

So thats where i am so far. My questions are:

 

Is the judgement still enforcable even tho it is not for the address in which i now reside?

 

Why would the amount owed differ so much, can they claim the larger amount even if judgement has been given for the same debt and has been settled?

 

Can I try to get this set aside now if so how do i fill out the N244 and what is a draft order for direction?

 

Would i be better off leaveing it alone and wait for another letter or write to say your 14 days is up write off the debt?

 

How do i get one of the CCJ entries taken off my credit report as is obviousl a duplicate and this can't be doing me any good?

 

I really can't pay this debt in full ATM.

I am on benefits and now disabled and so can not work and can't afford to get anyone to do this so your help is really appreciated.

 

TIA

Neil

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Sounds like BC is up to his old tricks of only claiming for his fees and not the full amount this contravenes Section 35 of the County Courts Act 1984. Also, he is famous for getting CCJ's by default especially if you have moved house.

 

As you did not receive the court papers you can apply to the court to have the judgement set-aside as you were unable to defend the claim.


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thanks Ell-enn

 

I will look at this again as i was told before to try and set aside the judgement but i am a bit nervous of filling in the form as i don't particularly know what to put forward for the case. Would i need to prove that i wasn't living at the address at that time with some form of tenancy agreement or utilty bill for a new address of the time when this was taken out or is this weak?

 

Also what is a draft order and what do i have to do to create one?

 

Would i not need to write to BC&co to advise that i am applying for this to set aside?

 

If i do could anyone point me in the direction of a letter that i could doctor?

 

Sorry for all the questions and i am sure there will be a few more but want to get this right.

 

TIA

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You certainly don't write to Mr Carter!

 

Have a look at this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/174945-help-needed-set-aside.html

 

Also, if you use the search button and enter Bryan Carter set aside this will bring up lots of other threads on Mr BC


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Or you could just pay what he has claimed.

 

THAT is the end of the debt and he nor anyone else can come after you for the balance.

 

Maybe worth paying if you can afford it.

 

Jogs

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If you are up for it, get it set aside, Sorry HAS, I personally think BC should get his Ar*e kicked on this behaviour,

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Hi all i've let let sit for a while but am now keen to get this sorted once and for all.

 

So i have been looking at the template letters again for another matter and came across this ACCOUNT IN DISPUTE letter. As my last letter from BC ( dated 30th June2009) said they have requested the original agreement and statements from their client and pass on to me when they have them. Still i have recived nothing further. Can i send the accoutn is indispute letter even tho i have a ccj oon this account which i dispute?

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Any help on this would be gratefully recieved.

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