2 backdoor CCJ's for split claims from Bryan Carter

[nigrob]

Hi , i am currently paying a judgement from the court which is dealt with by Bryan Carter.

Should i send a CCA request to both parties incase they decide to claim more money.

So far on this warrant £150 has been paid with £122 outstanding , the last letter form Bryan Carter now says outstanding balance is £599 .

 

Does this mean they have their sums wrong or could the balance be rising even after Judgement.

 

Please advise...

[DonkeyB]

Did he split the claim in the original case, ie. claimed in court only for a part of the debt? Carter often does this - you ONLY have to pay the amount in the judgment, not a penny more.

[cerberusalert]

If the court order was for £272 then that's what you have to pay these parasites unless the court allowed interest to be added, which is doubtful for that amount.

[nigrob]

Hi thanks for the info....

 

With the last letter saying that the balance is £599 i am just concerned that when this warrant has been paid off Carter is going to pursue more money from me.

 

Should i CCA to ensure that the original balance has been paid???

[cerberusalert]

A CCA is no good, just write & ask for a 'Statement of Account'. I look forward to the result because with Carter being involved it'll probably read like something which Roald Dahl would have written.

[nigrob]

Hi , how can Bryan Carter Solicitors be stopped from obtaining a court judgment forcing payment of a disputed debt?

We have had to pay two judgments now that we were unaware of until we received the court judgment which is too late to contest the ammount claimed.

It usually gets to the baliff knocking on the door for payment.

We have not received any court forms to defend these before and wondered if this is how it works or should we receive something .

This company seems to be able to just make a claim for money to the court and then be awarded the claim without any problems.

We have just received another letter from them but again we are unaware of what the claim is from .

Also it must be a very old debt or something as it is in my wifes maiden name & we have been married for 10 years now.

 

Please help.

[nigrob]

Hi , how can Bryan Carter Solicitors be stopped from obtaining a court judgment forcing payment of a disputed debt?

We have had to pay two judgments now that we were unaware of until we received the court judgment which is too late to contest the ammount claimed.

It usually gets to the baliff knocking on the door for payment.

We have not received any court forms to defend these before and wondered if this is how it works or should we receive something .

This company seems to be able to just make a claim for money to the court and then be awarded the claim without any problems.

We have just received another letter from them but again we are unaware of what the claim is from .

Also it must be a very old debt or something as it is in my wifes maiden name & we have been married for 10 years now.

 

Please help.

[42man]

Have you moved at all ? Have you had problems with your post recently ? is the house next door empty ? I have heard judges in court say...'if I had a pound for every person who said they didn't receive any paperwork...so and so etc'....you should make a complaint to the post office too. It sounds like the debts are statute barred....however I think Bryan Carters issue court proceedings through the Northampton Bulk Courts...can you scan up what they have sent you ? And if you do have a court claim for a statute barred debt then read this - http://www.consumeractiongroup.co.uk/forum/legal-issues/162456-help-statute-barred-debt.html

[twofoot]

Carter's favouurite [problem] is ccj by default. i.e. he gets a ccj at a previous address so you cannot defend. The way round it is to get it set aside.

[Ell-enn]

42man and Twofoot are absolutely right. Carter is an appalling representative of solicitors !! He will issue court papers to a previous address knowing full well that you won't get them - however as soon as he gets judgement by default, hey presto - he "remembers" your current address to send the bailiffs to.

 

Regarding the previous two CCJ's, contact the court and ask what address the original papers were issued to - and then ask for them to send you a copy. This will prove very useful in defence of any further court claim by Carter. Sending court papers to the wrong address once could be classed as a mistake, but twice or three times is an abuse and the court won't be amused!

[debt4get]

carters can be stopped by defending the claim...the moment you defend carter runs for the hills...if he has obtained these ccj by default.. apply to have them set aside on the grounds that you knew nothing of original case and if you had you would have defended

[nigrob]

HI , how do i get them set aside , do i go to the court to do this.

 

Also , can the money he has already been paid for the previous judgements be claimed back .

These could also be either disputed credit debts or statute barred which he should not have been awarded judgement for.

Should i receive the County Court papers before the judgement is given like i have before from the likes of Welcome finance.

If i remember these are usually blue coloured but i cant recall the name of them.

 

Thanks for the advice so far..

[debt4get]

yes you have to get the forms fill them in. i believe it cost 75 quid to apply to set aside unless you are on benefits in which case it is free....dont think you will get the money back you have already paid in..you should have recieved the papers before the judgement was given...if you didnt you have a good case for set aside...

[NailPost]

If Carter discontinues before the set aside hearing I think there is every chance of you getting your money back either by asking the court to so order or to start your own claim against the cretin.

 

Another one of Carter's alleged tricks is to go for part of the amount first, usually just his fees. Then once these have been paid to start CCJ'ng you for the remainder in instalments. If this is the case you should report him to both the court and the Solicitors Regulatory Authority as this little [problem] is very illegal.

[Bazooka Boo]

The little weasil should be reported to the SRA anyway, quite how this man is still allowed to practice as a Sol. is beyond me!

Solicitors Regulation Authority - For solicitors

[sleepingdog]

Hi all , how many more times on this site must I read of Bryan Carters tricks . Surely if we all report him (to courts , solicitors authority , local MPs , etc ) something may be done. Maybe a thread devoted to complain to the powers to be about Bryan Carter so that anyone doing a search can see how to and who to complain to.

sleepingdog

[themagician]

if you go for a set aside claim ,you must also ask the judge to strike it out,and you must put a claim in for your costs.

carter will not defend it /or turn up,he never does,

last time i had dealings with the little SH*T he paid for my holiday!

SO BRYAN, SUMMERS HERE CAN I HAVE ANOTHER ONE PLEASE !

[sillygirl1]

Put in a complaint, and if the two existing CCJs are for the same alleged debt then there is EVERY cause to have them set aside as it is a clear abuse of process.

[nigrob]

Hi , would i need to attend court for this to be set aside or can a representative go for me if i need to attend.

 

thanks