Urgent help needed with Bryan Carter & Co

[arcturus]

Bryan Carter & Co phoned me on my mobile out of the blue just before Christmas, saying a CCJ had been registered against me and I had to pay within the next 3 days. The only information they would give me that it was a transaction with the Money Shop. Now, I have used the Money Shop in the past but I have no recollection of owing them any money. It's possible I do because I ran up a lot of debts during a period of mental breakdown a few years ago when I was living at the previous address where they say they sent all the forms. However this was in 2006 and I moved from that address in July 2007.

 

I made a CCA request and they said that they didn't have to send me anything because the CCJ had already been registered.

 

I therefore told them that I was applying to set aside the judgment on the grounds that I didn't receive the paperwork and that they had provided no details about the debt whatsoever so that I can't verify if it's a real debt or not.

 

They replied saying that as the Money Shop provides services not credit, it is not regulated by the Consumer Credit Act and therefore my defence is not valid. They said they would only consider setting aside the judgment if I could prove I had never lived at my last known address.

 

I am sending the application to set aside tomorrow but do I have a leg to stand on or are they right? I just want some evidence of this debt, I don't think that's too much to ask.

[Nagasis]

Bryan Carter & Co phoned me on my mobile out of the blue just before Christmas, saying a CCJ had been registered against me and I had to pay within the next 3 days. The only information they would give me that it was a transaction with the Money Shop. Now, I have used the Money Shop in the past but I have no recollection of owing them any money. It's possible I do because I ran up a lot of debts during a period of mental breakdown a few years ago when I was living at the previous address where they say they sent all the forms. However this was in 2006 and I moved from that address in July 2007.

 

I made a CCA request and they said that they didn't have to send me anything because the CCJ had already been registered.

 

I therefore told them that I was applying to set aside the judgment on the grounds that I didn't receive the paperwork and that they had provided no details about the debt whatsoever so that I can't verify if it's a real debt or not.

 

They replied saying that as the Money Shop provides services not credit, it is not regulated by the Consumer Credit Act and therefore my defence is not valid. They said they would only consider setting aside the judgment if I could prove I had never lived at my last known address.

 

I am sending the application to set aside tomorrow but do I have a leg to stand on or are they right? I just want some evidence of this debt, I don't think that's too much to ask.

 

hi arcturus, bc said your defence is not valid? how would he know if you never defended as you never recieved the paperwork to defend. Have you stated that you were not at the address where the claim was issued to?

 

I would wait before posting your application to set aside until you have received some advice from people on here.

[Desperate Daniella]

Hi there,

 

It's not up to them to set aside judgments. In their dreams. Only the Court can set aside judgments, and in any case even if you have a CCJ you could ask the Court to let you pay by instalments. But if you didn't get the papers because they were sent to the wrong address of course you can apply for a set aside which would almost certainly be successful.

 

Of course you must have evidence of the debt. What did they provide to the Court? What was the date of the Court Hearing?

 

I know nothing about the Money Shop, or how it works, but if it's dealing with the public and money I would have thought it would need some kind of licence. I expect others here will know more about them.

 

Sounds like a massive try-on to me, and if they are saying the Court said you had to pay within three days of the judgment that's utter garbage too.

 

Let us have some more info and we'll help.

 

DD

[arcturus]

Yes, I have told them that I have not lived at that address for two and a half years. They said it was my last known address and therefore it was valid to serve it there.

 

They won't tell me anything about the debt other than who it's to and the amount. I contacted the County Court and got them to send me the details they had. The only information BC had given was: 'The claimant's claim is for the balance due under an agreement which is now all payable. The defendant agreed to pay monthly in instalments under agreement number XXX but has failed to do so.' I have never agreed to pay monthly instalments on this debt because I never heard anything about it until just before Christmas!

 

I have the form ready to send to set it aside but they are making me doubt now that I have a valid defence!

[arcturus]

The information the Court sent me also said I had been ordered to pay in monthly instalments so BC were talking garbage saying I had to pay it all in one go anyway. I pointed this out by letter and they tried to gloss over it. They don't seem to be backing down an inch.

[Desperate Daniella]

Okay, put in the application to set aside the judgment on the basis that you did not receive the papers from the court, and you'll need to send them proof of your address at the time the papers were sent.

 

State that you will be entering a Defence because you have no knowledge of this debt.

 

In your statement on the application to set aside, tell them that you have asked the Claimant for proof of the debt and they are refusing to provide it. I would also mention that they contacted you and demanded payment within three days of the whole amount, despite the fact that the Court had ordered you in your absence to pay by instalments. Might as well get in as much negative stuff as you can.

[Desperate Daniella]

By the way, if BC has a valid agreement the quickest way to get you to pay would be to send it to you. That speaks volumes in itself.

[arcturus]

Correction.... in the text from the County Court, BC said I had agreed to pay under ACCOUNT number, not AGREEMENT number.

 

Thanks for the advice, that's what I've been planning to do, hope it works!

[Nagasis]

Although it makes no difference to your set aside as you have a valid reason, I'm curious as to why carter is trying to get you to pay asap. How much is he trying to get you pay (roughly)?

[arcturus]

Although it makes no difference to your set aside as you have a valid reason, I'm curious as to why carter is trying to get you to pay asap. How much is he trying to get you pay (roughly)?

 

Just under £1200.

 

The Court ordered £50 per month.

 

BC's most recent letter says:

 

We await hearing from you with your N244 form.

 

The debt relates to a transaction that took place at the Money Shop. Money Shop transactions are for service and not for credit and are accordingly not governed by the Consumer Credit Act 1974.

 

The Claim Form was served at xxx as was pre-action correspondence, this being the proper address for service as the last known address. If you did not reside at this address, please provide us with the evidence of your places of residence and we will consider setting aside the Judgment.

 

[some BS about a phone call they lied about]

 

We look forward to hearing from you with your proposals for payment or with details of a valid defence.

 

[Desperate Daniella]

The arrogance of it.

 

Do let the Court know that BC is considering setting aside the judgment too!!!!

[comebackjimmy]

Hi

 

I would think it is a good idea to send the court copies of this nonsense correspondence.

 

Also don't talk to them on the phone any more.

[Nagasis]

please provide us with the evidence of your places of residence and we will consider setting aside the Judgment.

 

 

Since when does carter have the authoriy to consider a set aside. What a liberty. I personally would not contact him and get the setaside. You will then be in a position you should have been... and that includes making carter prove the debt which is always questionable.

[arcturus]

Well I posted the N244 off this morning with copies of all correspondence and proof that I wasn't living at the address they served the claim form on when they served it. Let's hope the Court is reasonable!

[comebackjimmy]

Good luck and here is hoping for the best. Please post back any outcome.