Threatening letter from Bryant Carter solicitors.

[Big Amzz]

Opened my mail this morning and was shocked to read a letter from Bryant Carter solicitors saying i owe Phoenix recoveries £50. Here is the letter

 

"You have failed to pay the judgement obtained against you and we now intend to issue a warrent of execution.

 

A bailiff will be instrcuted by Bromley County Court to call your home and may take possession of goods belonging to you of sufficient value to satisfy the warrent. This could include items such as your television or computer or other electronic equipment and may also include items which are jointly owned by you and another person.

 

Additional costs incurred by us issuing the warrent will be added to the judgement debt thereby increasing your indebtedness unnecessarily.

If you are unable to pay cash to the balliff your goods may be sold at auction and the money raised to staisfy the warrent."

 

I would just like to say i had no previous contact with Phoenix or the company i owe money too and as they dont mention who i owe the debt to its hard to figure out who it is. I have a feeling it could be my council tax but surely they would have wrote to me telling me i was in arrears? I sent Bromley council an email asking if the debt is with them so am awaiting a reply. If the debt is for council tax and i pay the full debt to bromley council on tuesday can they still send bailiffs to my house? do these solicitors have an email address? Any help or suggestions will be greatly appreciated.

[harrassed senior]

OK, there are different 'rules' for bailiff in connection with debt (CCJ) and Council Tax etc.

 

You can check online if you have a CCJ here:CCJs, court orders & fines - Search yourself and others - Trust Online

 

Have you had debt or account at another address in the past few years as BC are very good at getting a CCJ slip undefended through Court at a previous address, if this is the case you will have cause for a set-aside.

 

Not sure how you will stand with paying the Court direct, as if Bailiffs have already been instructed (I am sure you would have had paperwork?) then the Bailiffs' fees might need to be paid.

 

If it were me I would first check to see if there is a CCJ and then check on the telephone with Bromley Council first thing Monday.

[Big Amzz]

well on the letter it says "in the bromley county court" does that mean anything?

[cerberusalert]

Have you moved addresses in the past few years?

[harrassed senior]

But its' written by 1st Credit, so unless there is actually something to back it up, it means nothing, it would be difficult to telephone them (B C Court) without a reference number.

[Big Amzz]

no been at this address for about 5 years

[harrassed senior]

Well its' not beyond the lows they sink to for them to have gone back that far and issued a CCJ!

[Big Amzz]

should i write a letter to bryan carter solicitors???

[harrassed senior]

Well, that is entirely up to you, but if they do have the CCJ and you have missed payments as they say (albeit because you don't know about it) they could do as they suggest and apply for a Warrant of Execution which will bring in the bailiffs. Far better in my opinion to try and head this off at the pass so to speak and arm yourself with the true facts.

[cerberusalert]

He is well known for obtaining CCJs by default using previous addresses, sent him this;

 

Date:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Print name do not sign

[cerberusalert]

If he's obtained a judgement using a previous address you can get it set aside. Have you checked your credit file?

[Big Amzz]

i thought they could only send bailiffs to sieze goods if its council tax, parking fines or tv license related...can they send bailiifs for other stuff too??

[cerberusalert]

They would need to obtain the permission of a court to seize goods.

[cerberusalert]

Until you get a case number there isn't a great deal you can do. If you've never received any court papers at your present address the only way possible he could have obtained one is by using your previous address, you can check online but it will cost £8 http://www.trustonline.org.uk/

[harrassed senior]

i thought they could only send bailiffs to sieze goods if its council tax, parking fines or tv license related...can they send bailiifs for other stuff too??

 

1. If they have obtained a CCJ of which you have no knowledge (ie craftily been using your previous address)

2. Obviously you have no knowledge of CCJ and then terms of payments ordered.

3. By their deviousness they have caused you to be in default of the terms of payment.

4. They apply to Court, proving you have made no payments, for a Warrant of Execution, which, in your absence, will be granted.

5. The WOE will then bring the Court Bailiffs into play and you will either receive notification of when they will be calling, or they will just turn up.

 

So you can see why it is important that you try and arm yourself with as much information as possible, as number 4 could be as early as Monday.

 

If I were you, I would search Registry Trust Online to see if you have a CCJ, and note down the details. You would then have to apply to have this set aside in order to stop them continuing with 4 and 5 above. This really does need to be done ASAP in my opinion.

[Big Amzz]

Just found an email address for them so sent them this email......

 

RE: Phoneix Recoveries (UK) ltd S.a.r.l

CLAIM NO: XXXXX

Outstanding arrears: £XX.XX

 

To whom it may concern

You have contacted me regarding the account with the above information, which you claim is owed by myself. I was quite shocked when i read you're letter as i have no knowledge of this debt and no previous contact from the company in question.

 

Before i continue i would like to inform you that i am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I ask no further contact be made regarding the account above unless i am informed of exactly what it is for and have evidence of my liability to the debt in question.

 

i await you're statement and proof of what the debt is for or confirmation that it is now closed. Otherwise i will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look foward to you're quickest possible reply.

 

XXXXXX XXXXXX

 

So now im just going to play the waiting game and see what they write back. Im sure they cant send bailliffs whilst im debating the debt...

[harrassed senior]

Mmmm not sure, think you need to take this a bit more seriously, but just my opinion hey ho

[Big Amzz]

what do you mean?

[harrassed senior]

Well, if it were me I would most definitely be looking onlne tonight at Registry Trust to see if there was a CCJ, I would then be downloading and filling in the relevant Court Forms for a set-aside for first thing Monday.

 

Your letter is sound, but in my opinion should go to BC who have advised you they have a CCJ. Pheonix have handed this over to BC so have (maybe) washed their hands of it. Knowing the way that BC sometimes works,, you will have most probably been notified at the last possible moment, so things may already be progressing.

 

Now, on the plus side, you can still get this CCJ set aside further down the road, but perhaps you might have to endure a visit from the Bailiffs, and the sooner you apply to the Court for Set aside the more likely they are to believe that you knew nothing of the original case.

 

These are, of course, just my own personal suggestions, and there are no 'right' or wrong' way to handle this, but being a pro-active person I believe in taking control.

[themagician]

you will never get a letter back from phoenix,phoenix letter headed paper work is as rare as rocking horse sh*t.

[rameses_qc]

I agree. This has to be treated with urgency. They CAN and WILL send County Court bailiffs to execute a warrant IF there is a CCJ. You need to find out the case number and make sure Carter is Not up to his old trick of getting a CCJ by default by sending the papers to your old address (or even the wrong address) If he has done this, then a complaint to the SRA is is order Once there is a CCJ they can enforce it in a variety of ways. You can't sit back and wait

[sleepingdog]

Hi big Amzz , I have had dealings with BC almost the same as yours. Firstly Pheonix tend to buy mail order and catalogue debts not council tax debts.A friend of mine received almost the same letter as yours BC had got a CCJ against her and she had made no payments and so was about to send the bailiffs around he even supplied a payment card ( how thoughtfull). The fact was that this was the first she knew of the debt and any court action.He did however state the date of the CCJ and the claim number as well as the issueing court , after phoning the court to find out that BC did have a CCJ by default she requested the court to send papers for a set aside as she had no knowledge of the debt or court claim therfore had been denied the chance of entering a defence.She also sent BC a letter by special delivery telling him of the intended set aside and to stop all efforts of collection until after the set aside application had been heard.You need to do some quick investigation work, cover your back as BC will try every underhand trick in the book always send by recorded or special delivery and word your letters strongly but truthfully. I will keep an eye on your thread but my time is limited at present ,there are many on this site that detest BC and will help you but please take his threats of bailiffs seriously.

sleepingdog

[Big Amzz]

well i rang bryan carter solicitors today and i have found out its from a littlewoods catalogue debt from about 3-4 years ago....it was at my current address, its gone from around £200 and has gone up to nearly £500!!!....they set up a repayment plan that i simply cant afford....is there anything i can do or am i screwed???

[king100]

Send them a prove it letter.

[unclebulgaria67]

well i rang bryan carter solicitors today and i have found out its from a littlewoods catalogue debt from about 3-4 years ago....it was at my current address, its gone from around £200 and has gone up to nearly £500!!!....they set up a repayment plan that i simply cant afford....is there anything i can do or am i screwed???

 

You need to read the advice previously given. If BC have obtained a CCJ by default as they arranged to send the court papers to a previous address, you can get it set aside. Once you get the set aside into the court, ask the court, how you can get the baillifs put on hold, until the set aside is looked into.

 

Here is the step by step guide provided by the Insolvency Helpline. If you have any questions, they have a freephone helpline and are usually very helpful.

 

http://www.insolvencyhelpline.co.uk/ccj-removal/step-by-step-process.php

 

As it stands if you don't do anything or cannot come to an arrangement with BC or the baillifs, you will incur more costs. If they visit to make a listing of your possessions, you will realise the £400 worth of items will amount to a lot of your items, as they will assess them to have little value.