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I WON against Bryan Carter & Co! Woohoo!


arcturus
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:madgrin:

 

A few days before Christmas last year, I got a call from Bryan Carter & Co on a mobile number I had had for years advising me a CCJ had been awarded against me and I had 2 days to pay it or I would miss the payment deadline. I asked for details of the debt and they would give me no information other than the creditor and amount. It emerged it had been sent to an address I had moved from more than 2 years before. I said I disputed the debt as I had no idea what they were talking about but they were just saying I had to pay.

 

On reading threads here, I wrote to them asking for a copy of the agreement etc. They replied saying that the creditor in question (The Moneyshop) didn't have to abide by the CCA and so they had no obligation to send me anything. I filled in an application to set aside the judgment and posted it off. They then sent me a letter with a single sheet of A4 with some cheque numbers and amounts and dates on it, saying this was my proof I owed the money. I said it was no proof at all and then they said that if I sent them proof that I had not been living at my old address on those dates they would tell the court to set the CCJ aside. I sent the proof, heard no more and received no notification of a hearing so assumed it was settled.

 

Till a couple of months ago when Bryan Carter & Co sent me a letter to tell me they had a warrant of execution and bailiffs would be calling. I immediately filled in a new application to set the CCJ aside and sent it off. This time I got a date for a hearing at my local County Court. I didn't hear a word from BC.

 

Today I attended my hearing with a very nice judge. BC didn't show but had sent the judge a letter in which they said their client had 'misplaced' the original paperwork but that the CCJ should not be set aside because I had not acted 'expeditiously'.

 

The judge ruled in my favour and set the CCJ aside! She said that while it appeared the notice had been served correctly at my last known address, BC could not prove the debt was mine and it was their legal obligation to do so and their problem if they couldn't. She also felt I had acted expeditiously as I sent the current form off the day I got the letter about the warrant.

 

She set the CCJ aside and said I have to file a defence within 14 days. Does anyone know if that is to the court that awarded the CCJ or the court I just attended?

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It should be transferred to your local court.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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The defence is an absolute one, that you did not live at the address at the time of the CCJ (and you can check your credit files to see when BC did theirs, always a give away - and don't forget to add the cost of this check to the claim!) and that their evidence is very flimsy and cannot be traced back to you.

 

Cheque nos may be traceable through a bank but it will take time, and odds on this is all they have, cheque nos without a sort code and account number are as good as me giving you the numbers in Japanese....

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