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Bryan Carter again grrrrrrrrr


adelaidebull
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While looking at my online Equifax credit report,i noticed a CCJ for £300 for an address i left over 3years ago, the CCJ was dated a year ago.

I phone up Northampton CCBC and was told its Carters on behalve of Phoenixs Recoveries...

I'm sure this is an old HSBC C-Card debt from 2001 which i refused to pay because of charges,the debt was passed onto MCA who i also refused to deal with,so this MCA talked my wife into paying 10 a month(she throught it was her barclaycard,and my wife has an habit of just paying when a DCA threats her,she gets frightened and just pays to make em go away)...

The questions i have are:

1,Can i get this CCJ overturned as i never had a chance to file a defence or see the papers...

2,Since i never entered into an agreement with Phoenix to pay monthly installments as they stated on the Court Claim form..

3,I have never seen any proof of debt off Phoenix...

4,Can a 3 party make agreements and pay...

5,Can a DCA default you for a debt that has already got a Default on placed by the orginal debtor..

thank you for any replies...

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You will have no trouble getting it set aside if it was sent to the wrong address (an old trick of that despicable character :mad: ). You'd probably do better to ask a mod to move this thread to the legal issues forum to tell you how.

 

And please complain to Trading Standards, the OFT and the SRA about Bryan Carter.

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While looking at my online Equifax credit report,i noticed a CCJ for £300 for an address i left over 3years ago, the CCJ was dated a year ago.

I phone up Northampton CCBC and was told its Carters on behalve of Phoenixs Recoveries...

I'm sure this is an old HSBC C-Card debt from 2001 which i refused to pay because of charges,the debt was passed onto MCA who i also refused to deal with,so this MCA talked my wife into paying 10 a month(she throught it was her barclaycard,and my wife has an habit of just paying when a DCA threats her,she gets frightened and just pays to make em go away)...

The questions i have are:

1,Can i get this CCJ overturned as i never had a chance to file a defence or see the papers...

2,Since i never entered into an agreement with Phoenix to pay monthly installments as they stated on the Court Claim form..

3,I have never seen any proof of debt off Phoenix...

4,Can a 3 party make agreements and pay...

5,Can a DCA default you for a debt that has already got a Default on placed by the orginal debtor..

thank you for any replies...

 

1) If you have never received the court papers then yes you can apply to get this set aside and you go back to the defending the court claim stage.

 

2) Adds to the defence

3) the same

4) Not too sure on this one, sorry... but imo if no payments were made within a 6 year window and no written acknowledgment of the debt by the debtor then its stat barred (5 in scotland) I dont think your wife paying an amount equals an acknowledgment as the contract was between you and the lender.

5) They can re-regsiter the default Yes BUT the date of the default must stay the same as the original. This you may have to get the CRA's to correct on all three credit ref agencies.

 

Oh and as huff&puff has stated get this moved to the legal forum (click on the red triangle on the left hand side and request it moved) you'll get advice on applying via an N244 and the costs for it etc.

 

S.

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do I understand that a judgement was given a year ago for a debt which was incurred in 2001? If that is the case then the debt was statute barred at the time.

 

Furthermore if it was comprised of charges then you would have had a defence anyway.

 

I suggest that you begin by contacting the County Court and obtaining all of the paperwork so you can understand fully what the claim was about, to whom the papers were addressed and how judgement was obtained .

 

When you have got this information, come back here

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I re-phoned the court today and the information was given to me over the phone..

Its an old HSBC credit card which phoenixs recoveries have brought..

I have all the account details now,and the kind lady on the phone emailed me a remission form and a N245(the one for asking for the judgement to be turned aside)...

 

Do i have to write to the court to get a hard copy of all the details or will these ones do?

cheers in adavance :)

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