Bryan Carter letter. Think about Littlew00ds debt**DISCONTINUED**

[2ltr16valve]

Hi all,

 

My partner has today received a letter from Bryan Carter stating...

 

"

OUR CLITENT: Phoenix Recoveries (UK) Ltd S.a.r.l

CLAIM NO: 8X******

OUTSTANDING BALANCE: £927.90

 

As you will be aware we have issued proceedings in respect of this outstanding debt and have obtained Judgment against you and the next step is for us to instruct a Count Court bailiff to call on you.

 

The court fees and court costs for issuing a warrant are £72.75 and the warrant itself will be not less than £100.00 meaning that if a warrant is issued you will have to pay the Bailiff a minimum of £172.75 to stop him taking away your possessions such as your TV or computer to pay for the debt.

 

The reason for writing to you now is to give you one last chance to reach an agreement with us before we take action.

 

We enclose a payment card which you can use to make payments free of charge at the post office and many other payment locations. The costs of the card and any fees associated with the transaction will be borne by us.

 

No further action will be taken for the next 10 days to give you a chance to use the card to make a payment.

 

If you have a problem making payment you should telephone us immediately on 0845 313 3126.

This is a serious matter and you may wish to seek independent legal advice.

 

Yours sincerely

 

BRYAN CARTER & CO.

"

 

 

 

Now, this card if indeed it is that (could be littlewoods as only other debt this large).... was taken out around 2001-2002 ... no payments have been made for in my mind for at least six years so would be statue barred ? how would we find this out ?

 

The letter make ref to them obtaining "Judgment" yes thats how its spelt ... now we have had NO papers from court at all regarding this... so how would that be possible ?

 

Lastly, I offered being the partner of the account holder and authorised on the account to pay the debt when it was around £300 and cap one REFUSED to take payment from me ? is this relevant.

 

 

Many thanks

Edited January 22, 2010 by 2ltr16valve

[2ltr16valve]

bump

 

anyone ?

[silverfox1961]

Hi,

No expert here but if you contact HMCS with the case number they will be able to tell you whether it is genuine or not (this is BC we are talking about)

 

You could get a copy of your credit file as CCJ's will show.

If it is genuine and you got no papers you could apply to get the judgement set aside.

[johnerog]

Hello 2ltre

 

As well as agreeing with silver fox why don't you CCA them as well and see what comes back?

[2ltr16valve]

Partner has called our local County Court today and the ref is from Northampton CC ! A CCJ was entered in July 2008 ! We have had no notification of this prior or since from them, until this letter ! The debt is a LITTLEWOODS debt. Can this be moved to relevant forum please ?

 

Will CCA them, but as its not crad one would there of been a cca for littlewoods post 2001 ? do not know the exact account details etc.

[2ltr16valve]

Misses has been told to fill out a N244 form, what do we put on this form ?

 

Thanks

[johnerog]

Misses has been told to fill out a N244 form, what do we put on this form ?

 

Thanks

Hi 2ltre

A 244 is a court application form, not sure what that would do at this stage,

I think you need to get all the info you can.

As far as I know, since 1974 any form of credit requires a regulated agreement. I am happy to be corrected but I do not think catalogues are exempted. Sorry, is it catalogue or credit card?

[2ltr16valve]

Hi 2ltre

A 244 is a court application form, not sure what that would do at this stage,

I think you need to get all the info you can.

As far as I know, since 1974 any form of credit requires a regulated agreement. I am happy to be corrected but I do not think catalogues are exempted. Sorry, is it catalogue or credit card?

 

 

Its a catalogue debt mate, Littlewoods

 

Would of been taken out online I would think, dont know if that matters ?

[supasnooper]

I'm presuming you are applying to set the judgment aside.

 

If so, the link below may be of some help -

 

Removal of CCJ's - Main Menu

[2ltr16valve]

I'm presuming you are applying to set the judgment aside.

 

If so, the link below may be of some help -

 

Removal of CCJ's - Main Menu

 

 

Hi,

 

Yea wish to have it set aside or cancelled totally ? The first we have heard from these is this letter, have had no others from bryan carter... or court.

 

Can anyone list out what we need to write on the n244 form please ? Im a student nurse, these forms are alien to me.

 

Says in the court : ? what do we put here

 

Got the claim number from BC letter

 

then says defendant etc ? whos who

[supasnooper]

Thread moved moved to legal issues as requested.

[johnerog]

Hi,

 

Yea wish to have it set aside or cancelled totally ? The first we have heard from these is this letter, have had no others from bryan carter... or court.

 

Can anyone list out what we need to write on the n244 form please ? Im a student nurse, these forms are alien to me.

 

Says in the court : ? what do we put here

 

Got the claim number from BC letter

 

then says defendant etc ? whos who

Sorry 2ltre

Not qualified to advise but i'll bet supersnoooper will sort you out.

John

[supasnooper]

You would be the defendant in the case; Carters will be the claimants

 

You can enter the name and address of your local county court in the "In The" box.

 

You want a hearing as well.

 

Time estimate - 1 hour.

 

Ther is a £75.00 fee for a set aside unless you can get fee remission.

Do a web search for Form EX160a

[2ltr16valve]

You would be the defendant in the case; Carters will be the claimants

 

You can enter the name and address of your local county court in the "In The" box.

 

You want a hearing as well.

 

Time estimate - 1 hour.

 

Ther is a £75.00 fee for a set aside unless you can get fee remission.

Do a web search for Form EX160a

 

 

We should get a remission as on income support still, allowed it as was long term sick before starting uni covered up until feb 2010

 

This is the letter she got by the way

[supasnooper]

Where was the initial Court paperwork delivered to ?

 

Had your partner changed address at all ?

[silverfox1961]

We should get a remission as on income support still, allowed it as was long term sick before starting uni covered up until feb 2010

 

This is the letter she got by the way

 

Just a bit of info about fee remission.

When you take the forms to court, you will need an up to date letter from the benefits agency confirming you are in receipt of Income Support. This needs to be dated within one month of filing your set aside. Jobcentre plus can do a from for you while you wait (so long as the person doing it is there)

[palomino]

Quick question : have you changed addresses in the recent past?

 

If so, then this will explain the lack of any documents. Bryan Carter is well known for having documents sent to the 'last known' address. And then miraculously finding your current address after a default judgment has been obtained.

Odious little man. If he was so keen on finding your current address why doesn't he do it before lodging the claim.

[rev.ian]

Bryan Carter is well known for having documents sent to the 'last known' address. And then miraculously finding your current address after a default judgment has been obtained.

 

This nasty little man just keeps getting away with this.

[2ltr16valve]

Where was the initial Court paperwork delivered to ?

 

Had your partner changed address at all ?

 

Quick question : have you changed addresses in the recent past?

 

If so, then this will explain the lack of any documents. Bryan Carter is well known for having documents sent to the 'last known' address. And then miraculously finding your current address after a default judgment has been obtained.

Odious little man. If he was so keen on finding your current address why doesn't he do it before lodging the claim.

 

 

Last change of address was June 2006, this judgement was entered in July 08.

 

What you say sounds about right ! surely if we can prove they have done this, and we have been on the electoral role here since we moved so he could of served at our current address can we get this completely wiped off ? not just set aside for another hearing ?

[supasnooper]

Unfortunately you must get the CCJ set aside first.

 

If you are successful, then it depends on what action Bryan Carter decides to pursue.

[2ltr16valve]

Unfortunately you must get the CCJ set aside first.

 

If you are successful, then it depends on what action Bryan Carter decides to pursue.

 

 

Ok Will get the misses to call Income support tomorrow to get letter letter states they will get a warrant after 10 days, this is going to take around 14-21 to get letter and get set aside into court ? anything we can do in the mean time ?

 

Thanks

[2ltr16valve]

Ok, Called Social today to get letter ... being sent out.

 

Now, got the N244. Have to send this to northampton county court as my local court wont take it....

 

Can someone explain exactly what to put on this form please ? Can we request any documentation ? as we have nothing pre court etc.... and think this is prob statue barred...!

 

Ty

[supasnooper]

You need to find your local court that deals with bankruptcy which you can do here - Her Majesty's Courts Service - Court Information and Addresses

 

.....and submit your set aside application there.

 

Have a look at the link Removal of CCJ's - Sample Form N244 - Notice of Application, it has a sample of what you need to put in the N244 ( you did not receive the summons).

 

To get the original documents you will need to send a SAR to Littlewoods.

Letter 11 - The Consumer Forums - Debt collectors. Unfortunately this will cost £10.00

[2ltr16valve]

You need to find your local court that deals with bankruptcy which you can do here - Her Majesty's Courts Service - Court Information and Addresses

 

.....and submit your set aside application there.

 

Have a look at the link Removal of CCJ's - Sample Form N244 - Notice of Application, it has a sample of what you need to put in the N244 ( you did not receive the summons).

 

To get the original documents you will need to send a SAR to Littlewoods.

Letter 11 - The Consumer Forums - Debt collectors. Unfortunately this will cost £10.00

 

Hi

 

Thanks although, where does bankruptcy come into it lol ?

 

I know my local county court, but speaking to them today they told me they would not accept the set aside from N244 as the case is still with northampton cc ?

[rev.ian]

When you send the N244 to Northampton, they will send it on to your local court.