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Carter Split Claims


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Ok I have posted a letter to the centre manager at Northampton and would encourage anyone who has had a split claim from old Bryan to do the same.

I say old Bryan because he is 71 now.

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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.

 

Well, either the balance they are pursuing is part of the same debt and is thus covered by section 35 or its a separate debt which hasn't been paid or acknowledged in the past 6 yrs and is thus SB. If DCA's were to be allowed to swap court failed debts among one another in order to re-flag and reset the claimant status then it would make a total nonsense of the whole system and this is something you would need to point out if this went back to court. You seem to be in something of a a test situation here - annoying for you but with a bit of nerve and perseverance you should come out on top.

  • Confused 1

"Why CCJ when you can CCA!"

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My question is can Arrow Global now use Carter or another solicitor to go back to court for more or does section 35 county courtlink3.gif Act still apply?

 

Nemo Dat Quod Non Habet is the dictum you would quote.

 

Basically if the owner loses or uses the right to sue then it is impossible for any subsequent purchaser to be lawfully assigned the right to sue for one canot assign what one does not own or have. The rights of the assignee cannot exceed those of the assignor.

 

  • Confused 1

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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  • 4 weeks later...

From old Bryan

“We confirm we are no longer instructed, the account has been returned to our client and our file is now closed. Further, we can assure you that you will not hear from us again in relation to this matter.”

Looks like he washes his grubby hands after taking his cut. I wonder who Arrow Global will use as Bryan is one of their solicitors for rent.

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  • 1 month later...

Thank you guys

From Arrow Global today

"Upon investigation of the points raised in your letter we can confirm that your account has been closed with immediate effect".

I must thank Bryan Carter for going to Court for 10% of a debt.

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My money's on Cabot next !

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The OFT's new Guidance on Debt Collection requires solicitors whose main business is connected to debt collection to have their own consumer credit licence, rather than relying upon the cover of the group licence issued to the Law Society. I don't think there's any doubt that Bryan Carter's business is mostly debt collection - they boast that they are one of the biggest users of the Northampton Bulk Centre.

 

Interestingly, a couple of years ago Bryan Carter & Co merged with a firm called Crettins Carter, but continued to use the BC and Co letterhead. The Crellins Carter website confirms that the firms merged - and yet the Law Society shows Bryan Carter Solicitors LLP as a separate entity at the addresss used on the BC & Co letterheads.

 

So, BC & Co. appears to exist still in some form - I wonder if it'll turn out to be a 'trading style' of Fredrickson?

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The OFT's new Guidance on Debt Collection requires solicitors whose main business is connected to debt collection to have their own consumer credit licence, rather than relying upon the cover of the group licence issued to the Law Society. I don't think there's any doubt that Bryan Carter's business is mostly debt collection - they boast that they are one of the biggest users of the Northampton Bulk Centre.

 

Interestingly, a couple of years ago Bryan Carter & Co merged with a firm called Crettins Carter, but continued to use the BC and Co letterhead. The Crellins Carter website confirms that the firms merged - and yet the Law Society shows Bryan Carter Solicitors LLP as a separate entity at the addresss used on the BC & Co letterheads.

 

So, BC & Co. appears to exist still in some form - I wonder if it'll turn out to be a 'trading style' of Fredrickson?

 

Was that a deliberate typo SP?... :lol:

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