Bryan Carter Summons - **CLAIM STRUCK OFF DUE TO NON COMPLIANCE BY BRYAN CARTER**

[yousef1973]

if the case has been struck off by court,,,,does that mean egg bank chase me any more.

or does it mean they can still pursue it, and take me to court again???

[the_shadow]

if the case has been struck off by court,,,,does that mean egg bank chase me any more.

or does it mean they can still pursue it, and take me to court again???

 

The case has been thrown out... they dont normally get two bites of the cherry but they can appeal against the decision of the court and comply with the instructions they previosuly ignored. It would be down to a judge to decide whether it was just that they have a 2nd chance when they ignored the court the first time.

 

I would say chances are they wont appeal but there are no guarantees I'm afraid. They have a set time to appeal the decision by the court.. usually 14 days and anything out of that time would make it harder for them still.

 

For now I'd relax and after 14 days I'd relax even more

S.

[yousef1973]

its been over 3 weeks now, since then egg has contacted me,asking if i was willing to settle for £1000, if so they need more info work etc

also been informed egg is now owned by barclays

[the_shadow]

its been over 3 weeks now, since then egg has contacted me,asking if i was willing to settle for £1000, if so they need more info work etc

also been informed egg is now owned by barclays

 

Well there is a reason they are offering to settle for 1k on a 6k debt isnt there

 

Did they mention the court case at all, threaten to take you back to court? Who was BC's client? Who was taking you to court

 

S.

[yousef1973]

nothing, no mention of anything.

All I know is , got a call out of blue stating, Hi Mr xxxx you offered £1000 as a settlement on so and so date, how soon can you come up with that.

Took my budget sheet details, and said would come back to me.

That was 2 weeks ago

 

the company was DLA Piper

at one stage they were arguing over their costs etc.

 

Also I have notheard from them either.

[the_shadow]

Ok, just read back both threads... you know there is something dodgy about the agreement when they pass it around so much

 

Basically you have been taken to court for this debt by the then owner... they didnt comply and the case was thrown out.. they missed the normal deadline to appeal and would need to give very very very good reasons to a judge why the claim should be re-instated.

 

So it looks like this debt will continue to be sold and chased by other DCA's basically... but and this is the good part... BC has spoilt the apple cart for all other owners of this debt as its been the subject of a court case.

 

Thats why the debt repayment offer was now suggested and they are agreeable, cos they cant take you to court for it anymore Beware tho that they can still frag up your credit file and phone and chase you but so long as you dont acknowledge the debt in writing or make a repayment it'll go stat barred in 6 years from the last acknowledgement/payment made.

 

If they ring again I would tell them to put anything they have to say in writing as you dont deal with financial matters on the phone... when they write you can send a nice short sweet letter stating its been subject to a court claim which was struck out and therefore they can whistle dixie for the debt.

 

S.

[yousef1973]

ok

Thank you for your help.

will keep this thread updated.

 

Hope I don't hear from them

 

Thank's again

[the_shadow]

Yep, let us know when the pondlife resurface and make sure you dont get talking to them on the phone... everything in writing is the mantra

 

S.

[dx100uk]

yep great news here.

 

ell spotted this a year ago.

 

egg and that DCA have really played their last cards there...........basically begging you to pay them.

 

there are lots of debt threads on here where 'discounts' are offerd

 

they all go no-where

 

it'll be a paperwork error or

more than likely

 

unlawful charges and mis-sold ppi issues.

 

if you really want to run salt in their wounds, then start a reclaim for the unlawful fees and interest

and the ppi if you've got it there.

 

and as the debt has been sold, these reclaims will go to you pocket!

 

intersting scenario...

dx

[yousef1973]

sORRY, FORGOT TO ASK ,

SHOULD I GO ALONG WITH A £1000 SETTLEMENT OR SHOULD I IGNORE IT NOW ?

[the_shadow]

Well its up to you but if it were me I'd be telling them to put the offer in writing but then turning them down

 

S.

[yousef1973]

But not settle though

[the_shadow]

No I wouldnt settle it, I'd be happy with them trashing my credit file as I dont wish to use credit again... others may disagree and see the 1k a small price to pay for complete peace of mind but you would need to ensure that they dont sell on the rest of the outstanding balance to someone else and that your payment is received in full and final settlement... also they'll probably mark your credit file as partially settled so it'll look as bad as a default anyway.

 

At the end of the day they had a chance to take you to court and enforce the agreement and get possibly a charging order, they blew it and now whilst the debt may still exist, the chances of them taking you to court have decreased dramatically

 

S.

[yousef1973]

thanks

[dx100uk]

they knew from the start they never had a hope of money from you

 

dont let them fleece you now

 

do it to them

get reclaiming...

 

dx