Brian Carter help needed please

[carly1970]

I have just recieved this letter.

 

Our client - phoeinix recoveries

balance - 760.66

 

we have issued proceedings in respect of this debt and have obtained judgment against you and the next step is to instruct the county court bailiff to call on you.

 

you will have to pay the bailiff a minimum of 172.00 to stop him taking away your possessions!

 

this is the last chance to reach an agreement. We enclose a pre-warrant payment card

 

you have 10 days to use the card and make a payment.

 

signed brain carter and co.

 

I did get a court letter a couple of years ago. I was not mentally well at the time and ignored it.

 

They also ring my home and leave a message to contact them.

 

I do remember asking the court to let me apply for a lower payment, as I am on benefits, but I never filled it in.

 

I thought it would go away and now it has come back.

 

The origional court claim was for about 200.00. now they want a lot more.

 

Can I just offer a pound a month? (still on benefits due to my illness)

 

Thank you for any help. The debt was for a catalogue. I stupidly let other people use my name and trusted them that they would pay, but they left and also left me with this and other debts

[carly1970]

will just add. I haven't agreed to any payment plan with them or had any letters from the court asking for money.

And I remeber brain carter tellin me a default judgement had been obtained (?)

All this was a couple of eyars ago.

 

I know, I should have got help, but I was unable to leave the house or hardly speak to people at the time.

[caledfwlch]

If Brian Carter has actually gotten a CCJ against you for £200 then he cannot chase you for the rest!

 

Well he can "chase" but he wouldnt be able to get another CCJ or court judgement for the rest.

 

Im sure a Carter expert will be along to tell you what to do.

 

Check with the court for the amount actually awarded in the CCJ.

[Ell-enn]

Hi there, you can apply to the court on a N245 form to have the payments set at an amount you can afford (I have affixed an N245 form to this post) . You will probably get a letter from your local court telling you that a bailiff will call soon. That's when you have fill in the form and take it to your local court - this will stop the bailiff action while your request is being processed.

 

Is there a court case number on the letter from Carter? If so, it will probably have been issued by Northampton County Court. You need to ring them asap and ask for a copy of the judgement so you can see exactly what the amount is.

 

Knowing Carter he will now be after the rest of the debt which he is not allowed to do.

 

Let us know when you have the information about the court order from Northampton and we'll assist further.

n245_0204.pdf

[Seminole]

It's absolutely critical that you obtain details of the judgement that Carter has claimed he has against you. If you have the claim number and the name of the court it was dealt with at, then you should be able to obtain this information from them. Failing that you will be able to find out this information through the Registry Trust website (www.trustonline.org.uk). It isn't free and you will need to search any addresses you've lived at in the past few years.

 

Carter has been known to try to split his claims. For reasons I don't understand he seems to obtain a judgement for an amount similar to his costs. However, once he's done this, he can't go back to court for any more.

[caledfwlch]

It's absolutely critical that you obtain details of the judgement that Carter has claimed he has against you. If you have the claim number and the name of the court it was dealt with at, then you should be able to obtain this information from them. Failing that you will be able to find out this information through the Registry Trust website (www.trustonline.org.uk). It isn't free and you will need to search any addresses you've lived at in the past few years.

 

Carter has been known to try to split his claims. For reasons I don't understand he seems to obtain a judgement for an amount similar to his costs. However, once he's done this, he can't go back to court for any more.

 

I wonder how he explains this to his clients, now that the CAG has caught on, and presumably quite a few people are "benefiting" from a £200-£500 CCJ on a now completely unenforceable debt of presumably in some cases a few thousand.

[Seminole]

I think CAG or a group of users of CAG should pool their experiences and make a complaint to Carter's regulatory body. He's a solicitor and from what I've seen I'm not sure that he complies with the ethical standards they are supposed to meet.

[caledfwlch]

I think CAG or a group of users of CAG should pool their experiences and make a complaint to Carter's regulatory body. He's a solicitor and from what I've seen I'm not sure that he complies with the ethical standards they are supposed to meet.

 

I thought people had tried that with the SRA, and got fobbed off with "they assure us it it was a one of technical/human error" and send that to everyone. Its quite remarkable how a one off technical/human error has continued to operate for a couple of years!

[Seminole]

I thought people had tried that with the SRA, and got fobbed off with "they assure us it it was a one of technical/human error" and send that to everyone. Its quite remarkable how a one off technical/human error has continued to operate for a couple of years!

 

Thanks. I'll look to see if that's covered in another thread.

[carly1970]

Thank you so much everyone! Yes, i remember it was Northampton court.

I'll ring tomorrow and get back on here and let you know what is said. I think it was 2006/7

 

It said that he wanted 200, but had the right to come back for the rest of the balance later, (but in legal jargon)

 

I want to ignore it again, but you can't live like that can you!

[postggj]

He Has Lost That Right By Going For His Costs First

[palomino]

This sounds like a mirror image of my circumstances.

 

Mr C claimed for a small part of the debt, claiming to reserve the right to claim for the balance. Obtained judgment by default by using an old address and, just a few days later, obtained a Warrant of Execution at my current address. Funny that. I was out when the bailiff called and he (the bailiff) has never been back.

 

Mr BC has notified me that he is now applying for another Warrant, but also enclosed a payment card. The Warrant he is applying for is for the full amount of the debt, not the judgment amount. Sneaky little devil.

 

Incidentally I went to make a payment using the card. It turns out that the minimum payment is £5.

 

In my view I'm happy (if that's the right word) to only be liable for a small part of the debt. I didn't apply for it to be set aside for this reason, although I didn't have real grounds in any case. But Mr C knows I'll be watching him like a hawk if he even thinks about about making another claim for some more of the debt.

[Ell-enn]

It is unlawful under section 35 County Courts Act 1984 to split one claim into smaller claims.

[carly1970]

To palomino - cheeky beggars!

I have a payment card too. but i'm sure a judge would only say I had to pay 1 pound anyway, when it gets sorted.

 

He has done the same, the court order was for 200 but now the letter says 760!

[carly1970]

Sorry for not coming back.

I rang the court and they are sending me new copies of the court claim details and a form to ask for reduced payments.

 

this is the bit worrying me now!

 

next step is to instruct the county court bailiff to call on you.

 

you will have to pay the bailiff a minimum of 172.00 to stop him taking away your possessions!

 

this is the last chance to reach an agreement. We enclose a pre-warrant payment card

 

you have 10 days to use the card and make a payment

 

should I ring brian carter or write and ask them to give me time to sort things out?

 

Thanks again for any help!

[NailPost]

A county court bailiff is nothing to worry about. He/she is employed by the court and is not on commission to extract as much as they can out of you. The bailiff may even help you fill in the apporpriate forms to get the court to accept a lower payment.

 

As for ringing Carter, why should you. He set the ball rolling towards coyurt action, he can face the consequences if your actions rebound on him.

[postggj]

Carly

 

Have You Confirmed With The Court That

 

you Do Have A Ccj

 

And Not Carter Spilling His Usual Bs

[Ell-enn]

While county court bailiffs are not as agressive as private bailiff firms they have been known to twist the facts in order to get you to pay. DON'T let a CC bailiff into your home any more than you would a private bailiff - they will take a walking possession order.

 

A particularly annoying little oik from our local county court has a habit of hammering on people's doors (and windows) at 6.30 in the morning !! with the sole intention of causing as much embarrassment as possible to the debtor. Obviously the whole street is disturbed and turn out to see what's happening - I'd have the little sod hung out on the washing line for people to throw stones at if I could He's made one of my employee's life a misery

 

- and if you're the bailiff concerned and you are reading this - you'll now be aware that you can't hammer on her windows again at that time of the morning - or tell her you are taking her stuff without levying on it first, etc etc !!! Hope you enjoyed explaining yourself...........

[carly1970]

Carly

 

Have You Confirmed With The Court That

 

you Do Have A Ccj

 

And Not Carter Spilling His Usual Bs

 

 

I got a letter saying we have issued proceedings in respect of this debt and have obtained judgment against you and the next step is to instruct the county court bailiff to call on you.

 

As soon as the papaers from the court arrive, I'll post what they say.

[postggj]

I got a letter saying we have issued proceedings in respect of this debt and have obtained judgment against you and the next step is to instruct the county court bailiff to call on you.

CARTER HAS A HABIT OF THIS TO CON YOU

 

PHONE THE COURT, GIVE THE CASE NUMBER AND ASK HAS A CCJ BEEN OBTAINED

[carly1970]

Hello, back again.

Sorry it's taken so long to get back. The court only sent me the claim form to offer reduced payments, not a copy of the judgement.

 

I rang and was told, I DO have a CCJ by default. It was from May 2008 for £250.00

 

Now they (Brian Carter) want over £700, so what do I do now please.

 

And thank you for helping

[itsamomentintime]

message to the carter experts - can this CCJ be set aside?

[Seminole]

Hello, back again.

Sorry it's taken so long to get back. The court only sent me the claim form to offer reduced payments, not a copy of the judgement.

 

I rang and was told, I DO have a CCJ by default. It was from May 2008 for £250.00

 

Now they (Brian Carter) want over £700, so what do I do now please.

 

And thank you for helping

 

OK the bad news is that you have a CCJ against your name. If you didn't get the paperwork for this, then you could apply to set it aside but you would also need a defence. Do you know what the debt was for?

 

The good news is that BC has shot himself in the foot. Assuming the debt is real and enforeceable he has only obtained a CCJ for £250 on a £700+ debt. He can't go back to court for the difference and, if you decide to pay, you would only have to pay the £250. He can whistle for the rest as there's nothing he can do.

[carly1970]

The debt is for a catalogue (Kays)

A couple of family members ordered things then ran off and left me with the debt.

I have sorted out rent, council tax, water, gas and electric debts. They are all being payed off.

I am struggling with those, but keeping up repayments.

 

Can they accept a £1 a month?

I have nothing spare at the moment (job hunting, but still not going to have a good income for a long time yet)

[Seminole]

Sorry, I think that you mentioned that before. When did you start using Kays? If it's more than a couple of years old there probably isn't an agreement.