Bryan Carter & Co Solicitors **Urgent Help Needed**

[welshcake]

I have today received the following letter from Bryan Carter & Co Solicitors, This is the first I have heard anything about this debt in a few years.

 

Letter reads as follows.

 

Dear Mr

As you are aware we have issued proceedings in respect of this outstanding debt and have obtained judgement against you and the next step is for us to instruct ac County Court Bailiff to call on you.

The court fees and court costs for issuing a warrent are £72.75 and the warrent itself will be not less than £100.00 meaning that if a warrent 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 this 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 osts of the card and any fees associated with the transcation 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 seriuos matter and you may wish to seek independant legal advice.

yours sincerely.

Is their anyway I can check to see if any judgement has been made against me as I would have thought I would have had to have been hand served this? Can I telephone the court and they be able to state.

 

I had legal advice 2 days ago funny enough as I am in the proceeds of going through a debt relief order, Shoudl I write and explain my situation and say that I am planning to go through the debt relief order or make a payment of £1 or something.

[silverfox1961]

Hi,

The sneaky Mr Carter has a habit of sending CCJ paperwork to a previous address (via the courts)

 

On the letter it should have a case number. Ring your local court and they should be able to tell you more about it.

 

As you know nothing of this CCJ you can apply to get it set aside which puts you back in the position had no court action taken place.

[DonkeyB]

Jeez, not another one... have a look here for your first stage - if you can answer the same questions posed on this thread then come back to us...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/230361-confusing-letter-bryan-carter.html

 

So, whether you've moved, any idea what the debt refers to, etc.

 

In the meantime, do not contact Carter with any offer at all - it may even be SB or he may have split the claim. Let's get all your details together first.

[welshcake]

Jeez, not another one... have a look here for your first stage - if you can answer the same questions posed on this thread then come back to us...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/230361-confusing-letter-bryan-carter.html

 

So, whether you've moved, any idea what the debt refers to, etc.

 

In the meantime, do not contact Carter with any offer at all - it may even be SB or he may have split the claim. Let's get all your details together first.

 

I contacted my local County Court who stated the judgement had been made and I had to contact Northampton C.C which I did, The judgement was made against me in January 2009 at a previous address of mine as I have been in current property since May 2008. They stated they would send me a form to complete showing my income and outgoings along with a repayment amount each month but I would need to contact Bryan Carter to make them aware I was dealing with the court direct.

 

Should I just do as the court asked and pay a small amount until I can get this Debt Relief Order Sorted.

[silverfox1961]

As advised by DonkeyB, you shouldn't make any payment if you think this may be Statute barred although it won't change the status of being SB BUT if the debt is very nearly SB then any payment will reset the clock.

 

I think the court haven't advised you well.

 

Why should you accept this CCJ when you had no chance to defend.

[welshcake]

As advised by DonkeyB, you shouldn't make any payment if you think this may be Statute barred although it won't change the status of being SB BUT if the debt is very nearly SB then any payment will reset the clock.

 

I think the court haven't advised you well.

 

Why should you accept this CCJ when you had no chance to defend.

 

I am not sure what to do the last thing I want is someone turning up at my doorstep. Do I write to them and explain really that I don't have any money and going through a Debt Relief Order? I have tried to get hold of the solicitor helping me with the matter but he is away today of all days.

[DonkeyB]

Pay nothing until you know what it's about! Do NOT acknowledge any debt - read that thread and then give us all the detail about what the debt might be that you can.

 

Do you know what the alleged debt is for?

[twofoot]

You need to take the advice given or you will be stuck with this ccj and all that Carter sends with it. Carter is the worst and stops at nothing.

[welshcake]

Pay nothing until you know what it's about! Do NOT acknowledge any debt - read that thread and then give us all the detail about what the debt might be that you can.

 

I know what the debt is about it is with the Royal Bank of Scotland for an old bank account, A large amount of the debt is charges as it is no where near the £7797.47 they are asking for, I remember thinking I am never going to pay this off as I went over my overdraft limited but could not afford to pay back the amount required each month to stop the charges and it snowballed. I have started typing a letter to Bran Carter & Co this is what I have so far

 

I have today received your letter the contents of which have been noted.

On receiving your letter today I managed to contact Northampton County Court who advised a judgement had been made against me as you indicated in your letter, The problem was however that it was issued against a previous address of mine which I have not lived since June 2006. On searching the internet for information on your company it appears you have a habbit of issuing proceedings against people in their previous addresses in order to obtain judgement thus not allowing myself to attend a court hearing to explain my situation and thus come to a sensible agreement.

[DonkeyB]

Aargh!

 

First step: how old is the debt? When did you last make any payment on it?

 

How much was Carter's judgment for? If it was only part of the debt, he may have split the claim.

 

Forget writing letters just yet - give us all the background you can first.

 

Carter is trying to have you over. Acknowledge nothing, please!

[welshcake]

Aargh!

 

First step: how old is the debt? When did you last make any payment on it?

 

How much was Carter's judgment for? If it was only part of the debt, he may have split the claim.

 

Forget writing letters just yet - give us all the background you can first.

 

Carter is trying to have you over. Acknowledge nothing, please!

 

Well the debt is for an old bank account with the RBS I would say 2003 I don't think it is SB but must be coming close maybe next year. In fact I just recalled my actions and pretty sure it's 2004 last time I made payment.

 

What I want is just to keep them at bay until my Debt Relief Order is passed and then they can go and swing if that means paying £5 month for the next two months so be it, Won't that be the best course of action?

[DonkeyB]

Almost certainly a set aside. How much was the judgment for?

[welshcake]

COPY OF MY LETTER I HAVE JUST TYPED TO BRYAN CATER & CO

 

I have today received your letter the contents of which have been noted.

On receiving your letter today I managed to contact Northampton County Court who advised a judgement had been made against me as you indicated in your letter, The problem was however that it was issued against a previous address of mine which I have not lived since June 2006. On searching the internet for information on your company it appears you have a habit of issuing proceedings against people in their previous addresses in order to obtain judgement thus not allowing myself to attend a court hearing to explain my situation and thus come to a sensible agreement.

On the 30th November I attended an appointment with Speak Easy Solicitors based in Cardiff to help me resolve the matter with my debts. At the time I was unable to provide any details of the debt with the Royal Bank of Scotland as I had no paperwork relating to the matter. Now that I have details of the debt I have today contacted Speak Easy Solicitors and shall provide them with the copy of the letter you sent me to add my other debtors so a suitable arrangement can be resolved. In the meantime I offer a token payment of £5.00 towards the debt and hope you hear from my Solicitors soon with their proposals of settlement. This is the only course of action I am able to take given my limited resources being on Income Support.

I hope you are able to suspend any pending action for the time being given my co-operation in this matter. Should you wish to contact me please do so by return post at the above address.

Yours sincerely

[welshcake]

Almost certainly a set aside. How much was the judgment for?

 

 

I am not certain they never said all I know id the total amount £7797.47

[DonkeyB]

This is critical: Call the court and find out how much the judgment was for.

 

Forget that letter for now, it's all wrong, with respect!

[welshcake]

This is critical: Call the court and find out how much the judgment was for.

 

Forget that letter for now, it's all wrong, with respect!

 

Well I contacted them and the Judgement was for just £382.00 yet they are chasing me for over £7000

[DonkeyB]

BINGO!

 

He has split the claim - and what he is doing is not legal. At all. And Carter knows this.

 

Have you read the other thread yet? It will give you an understanding of what he has done.

 

If you pay the £382, the rest is gone forever - he cannot claim the rest, ever - so you have a CCJ, but save £6600.

 

OR

 

You can go for a set-aside on the bases that (a) you did not receive the claim form (funny how he found your new address); (b) the claim was split and therefore unlawful; and © you have a reasonable chance of defending (unfair charges, no CCA, etc).

 

Read that thread to help clarify things - it will save us keying in lots of stuff that simply repeats the explanations there.

 

You also need to complain about Bryan Carter to the SRA, the OFT and Trading Standards. Yours is typical of a number of cases like this at the moment, and he needs to be brought to book.

 

Donkey B

[welshcake]

BINGO!

 

He has split the claim - and what he is doing is not legal. At all. And Carter knows this.

 

Have you read the other thread yet? It will give you an understanding of what he has done.

 

If you pay the £382, the rest is gone forever - he cannot claim the rest, ever - so you have a CCJ, but save £6600.

 

OR

 

You can go for a set-aside on the bases that (a) you did not receive the claim form (funny how he found your new address); (b) the claim was split and therefore unlawful; and © you have a reasonable chance of defending (unfair charges, no CCA, etc).

 

Read that thread to help clarify things - it will save us keying in lots of stuff that simply repeats the explanations there.

 

You also need to complain about Bryan Carter to the SRA, the OFT and Trading Standards. Yours is typical of a number of cases like this at the moment, and he needs to be brought to book.

 

Donkey B

 

I have read the other thread and udnerstand what he has done and will complain if that is route to go, I just don't want anyone calling at my house, So should I send a copy of the template letter that is on the other thread?

[DonkeyB]

Great. I don't think anyone will call at your address, and they certainly won't once you have sent this letter.

 

Yes, send Ell-enn's letter in post 3, repeated here:

 

Dear Sirs,

 

Your reference: XXXXXX

 

I am in receipt of the affixed letter from yourselves - you state that you have obtained a County Court Judgement against myself. I have no knowledge of this matter, not have I received a claim from any court.

 

Please supply the following information forthwith:

 

Name of Court:

Case Number:

 

together with a copy of the alleged judgement.

 

In the meantime, given the nature of your letter and enclosures, I have forwarded a copy to the Office of Fair Trading.

 

I look forward to your prompt reply.

 

 

DO NOT SIGN THE LETTER, PRINT YOUR NAME

 

Enclose a copy of the letter they sent you (keep the original for yourself).

 

 

Keep a copy of the letter and the recorded delivery receipt. Chekc on the royalmail website a few days later to print off the signed for receipt. Keep all in a safe place, you may need to prove they got the letter.

 

Just out of interest, have you moved house in the last couple of years?

 

Ell-enn

[DonkeyB]

You're taking control now, welshcake! Well done.

 

As in the other thread, you may have to wait a while for a reply.

[welshcake]

You're taking control now, welshcake! Well done.

 

Right I will send that letter off today and see what the outcome is from it.

[DonkeyB]

Also, even if Carter did ask a court-appointed bailiff to attend - which he won't, almost certainly - he could only get a warrant for the judgment amount. He can NOT come after you for £7k plus! If he gets a warrant to that effect, it will be a forgery; and if he says he may take further action to recover the rest, he is misleading you as legally he cannot.

 

So stay calm and knock him back - Carter tends to back down when confronted. You never know, with Carter at the helm, this whole debt may go away forever - and it will serve him and his clients right by trying to have you over.

 

I note it's a bank account and not a credit card, but the Forum is devising a new strategy on reclaiming unfair charges in spite of the recent Supreme Court ruling.

[palomino]

Also, even if Carter did ask a court-appointed bailiff to attend - which he won't, almost certainly

 

Don't be too sure. He's tried it twice with me.

[welshcake]

Don't be too sure. He's tried it twice with me.

 

Now you see this has now got me worried. Like I said before I am only after killing some time until the debt relief order goes through then this debt will be gone regardless I just want to make sure I have a happy xmas without the worry of tap tap tap on my door.

 

My solicitor did say the other day if a baileiff turns up as long as I don't let him in I am fine once they have got in once they can use force in the future to get in again which had me worried as my kids answer the door to anyone.

[palomino]

The clue is in my comment - 'tried'.

 

Ensure there is a chain on the door. The kids can be a bit of a problem though.