Carter Split Claims

[rev.ian]

I have a CCJ from Carter.

 

He did his favourite trick on me, got a CCJ by default by issuing claim at a previous address.

 

He Claimed about £300 on a £3000 alleged debt.

Judge would not set judgment aside as unfortunately by the time I found this site I had left it to long.

 

Now the £300 is paid off and I think Mr Carter is going to try to get the rest.

I know I have the section 35 of the County Courts Act, 1984. defense.

 

My question is -

 

I have never admitted any part of this debt to Carter or the OC. The debt is now well over 6 years old so would the remaining £2700 be statute bared?

 

I know It sounds like I am being silly but he was the one that only went for £300 and we need all the ammunition we can get when it come to good old Bryan.

Edited May 3, 2010 by rev.ian

[BankFodder]

When did you last acknowledge the debt or make any payment to it

[rev.ian]

Thank you BankFodder

Just finished paying the £300 CCJ. Never acknoledged any other part of the debt its over eight years now.

on every monthly payment to Carter I write "At all times in correspondence to your company I refer to the judgment 5XZXXXXX of £XXX and NO other alleged debt"

[jimjams]

rev.jan,

 

how did you get on with this? I am about to clear a 4.5 year old CCJ with Bryan so would be interested on if he tracked you down for more?

[hb108410]

Subscribing

[rev.ian]

Well I am still waiting for something to happen.

I do think he knows I am onto him, however I have the defence ready and will go for a strike out and costs.

Mine is co-op/fredrickson and the account still shows a £3000 debt on fredpay.com

[underdog13]

Did Fredrickson own the debt, Rev Ian, or was it pursued on behalf of co-op?

[rev.ian]

Sorry I took a while to get back, I was on holiday underdog13 Fredrickson own the debt.

[underdog13]

No need to apologise, Rev Ian; thanks for your reply and I hope you had a great holiday.

 

Best of luck with your case:)

[rev.ian]

I would like your thoughts on this statement in a letter from Bryan Carter regarding a split claim.

I have underlined the part that concerns me

The judgment has been paid and his client Fredrickson looks like getting ready to go for more.

“The remainder of the debt that is not subject to the judgment award remains outstanding and you have a contractual obligation to repay that debt. Our client is lawfully entitled to request payment of the outstanding amount irrespective of its right to take legal proceedings. Regarding this matter our client has a further cause of action in damages open to it, should they chose to pursue the same, and we merely seek to reserve our clients position in this regard. You should also note that a claim in debt arising under a contract and a claim for damages for breach of contract are different and separate causes of action.”

Has our friend Mr Carter found a way around going back to court for more?

Edited February 25, 2011 by rev.ian

[rev.ian]

Bump

[42man]

Interesting one Ian....'claim for damages ???'.....i'm not knowledgable on these...I had heard of split claims but not this...I think they would need to go for a new claim...

[volvodriver]

You should also note that a claim in debt arising under a contract and a claim for damages for breach of contract are different and separate causes of action.”[/b][/u][/font][/size][/color]

Has our friend Mr Carter found a way around going back to court for more?

 

Are they not arguing contract law?

 

And does the CCA not apply in these cases?

 

Surely they would have to prove a second cause of action under the CCA, which might prove difficult for them

 

Vdr

[rev.ian]

Thank you for taking the time on this one

It was a credit card account defaulted about 10 years ago, the only part of this account acknowledged is the CCJ and the account was never with Fredrickson so how could they claim damages?

CCA and SAR only produced application form and I never received a NOA.

[payingonlyencouragesthem]

Has our friend Mr Carter found a way around going back to court for more?

 

Well, I suppose he could argue that his client had suffered damage (loss) on the grounds that your non payment of the debt had created the necessity to appoint a third party ie.B Carter to recover the said debt under his terms and conditions. In a nutshell...nah. Nice to see him sounding desperate now:-D Note that he virtually admits that the OC can't directly enforce the debt now he's taken his partial claim.

[rev.ian]

I have my Certificate of Satisfaction regarding Mr Carter’s split claim.

Co-op Bank sold to Fredrickson and I know that Freds/Carter can not go back to court for any more.

Now Fredrickson have sold the account to Arrow Global.

My question is can Arrow Global now use Carter or another solicitor to go back to court for more or does section 35 County Court Act still apply?

I know it sounds like a silly question but as it is a different DCA who may use a different solicitor I would like to know if I still have the split claim defence.

Thank you all for your help.

[42man]

VERY good question Rev...i'd like to know the answer to this one too...

[coledog]

This is very interesting so will follow this. ..........How long is it since you made an actual payment on the original debt? Is it SB yet?........Was there anything on the Split Claim to identify the original debt? Was the claim for 'installment arrears'...........The legislation quotes 'Cause of Action' so I would imagine it would all hinge on it being the same 'cause' . ........... I have never really got to the bottom of exactly why some solicitors try this or what exactly they are trying to do.

[rev.ian]

Hi coledog

The last payment of the original debt was 14 July 2004.

CCJ 2005. Date of final payment Oct 2007 Certificate of Satisfaction July 2011 (All payments were clearly marked CCJ number XXXXXXXXX and no other alleged debt).

HMCS has been kind enough to send copy of original POC.

Claimant listed as The Co-Operative Bank (It should have been Fredrickson)

THE CLAIMANT CLAIMS £XXX.XX, SUUCH SUMBEING PART OF A DEBT DUE UNDER AN AGREEMENT NUMBER XXXXXX (“THE AGREEMENT”) WHEREBY THE DEFENDANT AGREED TO PAY THE CLAIMANT £XXX.XX (“THE DEBT”). FOR THE AVOIDANCE OF DOUBT IN MAKING THIS CLAIM FOR A PART OF THE DEBT THE CLAIMANT DOES NOT WAIVE ANY RIGHTS AS TO THE BALANCE OF THE DEBT. WHICH THE DEFENDANT CONTIUES TO OWE TO THE CLAMANT UNDER THE AGREEMENT. THE CLAIMANT RESERVES THE RIGHT TO MAKE FURTHER CLAIM FOR SUCH SUMS OF THE DEBT AS REMAIN OUTSTANDING.

[coledog]

I somehow do not think that he would have got away with this if it had been defended and gone in front of a judge! All such claims that have appeared on here recently and have been defended, have been 'stayed'.The idea seems to be to get a default judgement and use this to pressurise the defendant in future or for Carter just to Claim his fee! I think that these claims certainly need reporting to the MOJ and the SRA, also OFT. Be interesting to see what happens if your case, as you have some 'friends' now cannot wait! They could not have done it to a nicer bloke!

[rev.ian]

I somehow do not think that he would have got away with this if it had been defended and gone in front of a judge!

 

He did his other trick and sent the claim to an old address

[Ell-enn]

A couple of years ago I spoke to someone who is a county court manager about a split claim by Carter and I was advised that if he tried another claim on the same account the judge would want to know why he didn't claim for the entire amount at the time and that Carter could be fined for abusing the court system.

[coledog]

All this needs to go in the complaints! I would really like the opinions of someone in authority on these claims. Theoretically, if one is paid off it should be against court procedure to bring another one for the same 'Cause of action' but it comes down to the definition of 'cause of action'. As yet, I have not seen any cases were a second claim has been entered and do not really want you to be the first Rev, then again .........

[coledog]

A couple of years ago I spoke to someone who is a county court manager about a split claim by Carter and I was advised that if he tried another claim on the same account the judge would want to know why he didn't claim for the entire amount at the time and that Carter could be fined for abusing the court system.

 

I have heard this as well - it is worth a complaint to the original Court Manager - Northampton I presume and ask their opinion on this

[rev.ian]

If it is Mr Carter and he discontinues my costs will be equal to his original claim.

Edited August 18, 2011 by rev.ian