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Bryan Carter CCJ for mobile debt advice plz


stressed2009
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Hi

I need a bit of advice for my partner,

 

 

he got a CCJ in January 2009 for an old phone bill debt and I think paid a couple of the payments before he lost his job.

 

 

Due to a lack of steady income he was unable to carry on paying it and buried his head in the sand.

I forgot all about it until today when they called my house phone looking for him.

 

 

They have asked me to get him to call them ASAP about an "important personal matter".

He hasnt had a chance to phone them as he is out at work but will call them as soon as he gets home.

Either way we are still very short of money and scraping by every month we cant afford the £50 per month they got the judgement for.

 

I really dont want them to get a charging order on the house which is in joint name

I have freaked myself out so much thinking this is what they will go for.

 

 

The outstanding amount at the point of judgement was around 700

not sure what it is now as cant work out how many payments he actually made.

What should we do?

Thanks

Stressed2009

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Do not phone!!! can't stress that enough. When you say 'they' who do you mean, and who got the CCJ was it BC? When was the last payment made. If you cannot afford the judgement amount you can apply to the Court for a variation of amount. If/when anyone phones tell them in writing only and do not answer their security questions.

 

The reason most of us suggest no phoning is they they lie, threaten, and upset you with all sorts which they would not dare put in a letter, hence you need a paper trail of what they are saying.

 

Get the application into the Court and nothing can happen whilst you are awaiting a date.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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When I say "they" I meant Bryan Carter.

It was a bit strange i called a number back which I had a missed call

which turned out to be Fredericksons,

who said they couldnt access the file and they put me thru to Bryan Carter

who then asked me if I knew XXXXX, to which I replied yes,

but refused to give any more information

and asked them to remove my phone number.

 

 

It was Bryan Carter who got the CCJ from Northampton CC,

the first we knew of it was a judgement letter ordering £50 per month.

 

 

I will get the form into the court ASAP,

the only thing I am a little worried about is that my partner will have to go to court

we cant afford for him to lose a days wages as being self employed he will not get paid :(

I take it my partner should not bother calling them when he gets in then?

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Back to OP - you say the first you heard of this CCJ was a letter from the Court, Had you moved address around that time, as there are certain DCA :roll: who just apply automatically through the Northampton Bulk Court using a former address so that you will not know about the case until the paperwork 'catches up' with you. Could this have happened to you?

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Classic Carter...

“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

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Your main thing at the moment is to get the court to amend the amount you pay to an amount you can afford. Do as told above and in the meantime fill in a detailed Income / Expenditure form (if you can't find one here I can supply one) as the court will need this. I always suggest posting on here with personal details removed as there is clear regulation on what and how much you can claim for various things. By posting your IE on here we can make sure you are within that and not claiming for anything that the court won't allow -eg- pets. I know most people on this site disagree with me on this, but I stand by my advice.

 

Do not talk to Bryan Carter of Fredericksons for the moment. If you want to do anything, send them a Prove It letter, though by the sounds of it they will easily be able to answer this.

 

Hi Tingy

 

As you know from another thread we already disagree about providing personal I & E info to DCA's but I also must say that in all my reading on here you are the first person I've seen suggesting it be posted in open forum :???:

 

It's well known that DCA's trawl the threads and I really dont agree in taking any extra risks in posting such personal info even if anonymousley and besides for as much as the DCA's have no right to know it's also none of our business either

 

R

Edited by Revenant

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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  • 2 years later...

Hi

 

My partner had a contract with T-Mobile in 2007 that he defaulted on after losing his job,

the contract was cancelled and the amount for the entire contract became due.

 

 

He was unable to pay this and buried his head in the sand.

He then received a judgement in default from the Northampton County Court in 2009

ordering he paid £50 per month.

 

 

From going through his paperwork it doesnt look as though he has made any payments,

the last we heard from previous company dealing with this was in 2010 threatening to enforce the CCJ with county court bailiffs.

Then in 2012, the debt appears to have been assigned to another company and their solicitors.

They have now issued a claim form from the Northampton CC?

 

I am a little confused by all this and didnt realise you could be taken to a court twice for the same debt?

 

Any advice would be appreciated.

 

Thanks

Stressed2009

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Cant issue a claim if the CCJ has already been granted. Regarding the first CCJ, are you 10% sure they werent tricking you? WHen a judgement by default happens, the entire amount becomes payable. It is up to the claimant to get enforcement orders. The court doesnt pick an arbitrary payment plan with no documentation.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I am just going off the pile of paperwork I have found for it all.

 

The document from 2009 titled Judgement for Claimant (in dafault) gives a claim number and shows it as being from the Northampton CC, it looks official?

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Check trustonline.org. Theres a small fee. Also check the credit file.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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they have issued a claim on a judgment!?

a ccj (judgment) could be assigned to another if done properly, but the new owner can't issue a new 'claim' on it, only enforcement. are you sure it is a new claim, or are they going for enforcement? what are the particulars of claim?

Edited by Ford

IMO

:-):rant:

 

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They have issued the new claim without any reference to the previous judgement.

The previous judgement was granted for T-Mobile,

the debt was assigned last year to a new company?

 

The particulars of the claim are:

Part of the contract outstanding under an agreement between xxxxxx and the defendant for the supply of mobile telecommunications services

by everything everywhere limited (t-mobile) to the defendant account number xxxxxxxxx the benefit of which was assigned to the claimant on .

 

 

The terms of the contract were breached upon the defendants failure to make payments under the contract.

The claimant seeks interest pursuant to section 69 of the county courts act 1984 at the rate of 8% per annum

from the date of issue continuing at the daily rate of xxxx

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