Bryan Carter

[bwfc4eva86]

Hi in need of a bit of advice regarding this Muppet, after being issued with court summons and submitting CCA requests etc to them for something off Egg, it came that i would pay Carter £50 a month.

 

Now I'm having a bit of financial difficulty at this moment in time and can not afford to pay the £50 a month. Now i dn't want a CCJ filing against my name. So is there a way of dealing with this idiot to reduce the payment for a couple of months till i get my finances in Order?

[twofoot]

Have you had the CCA back. You are quite vague. Have you got a court summons or a CCJ. What is the debt and it's history. Plenty of info will get you plenty of help.

[bwfc4eva86]

Got CCA back from Egg, submitted a defence to the Bulk centre and filled in a Allocation questionare, then received a form from Mr Carter saying they accept a final settlemant of £500 or monthly payments of £50 per month. Which i accepted at the time as i didn't want a CCJ. Then got a form saying i'd accepted Carters offer and should i go against it, then it will be referred back to the court.

[PGH7447]

and how much was the original debt?

[harrassed senior]

OK so there is no Court Order for payment so you can still go down the CCA route. What actually did you get back in response to your request and is it enforceable? If you cannot afford £50 send them £1 - as long as you pay something on a regular basis, they would look mighty silly issuing proceedings.

[twofoot]

sound advice

[bwfc4eva86]

Hi sorry to drag this up. The Original Debt was £646 after Egg adding on charges etc and Carter adding his costs on. Sent a Cca requestest to them after Carter issueing a court claim through Northampton Bulk centre. Now i recieved a copy of the credit agreement the day after the defence was due. So this was sent to the court in the defence. I got a allocation questionare and then Mr Carter sent his offer which i accepted of a £50 per month payment. Ad if i broke this they would go back through the court route.

 

Now i'm having some issue with work and am not allowed to work my usual 44 hour week for a couple of months, so my income has taking a big hit. Should i write to Carter and explain the situation and to offer £1 untill March when my wage will be back to Normal?

 

I have had two operations in december a Hernia Op and a Laproscopic Adrenalectomy and as i work as a Health Care Assistant i could't do any manual handling and lifting for 6 weeks, and SSP is not much.

[FORMISTER]

If you offer what you can reasonably afford then no court will issue a judgement against you, Carter knows this and would be an idiot if he tried

[FORMISTER]

I think as twofoot mentioned, if you give Cag more info then you will get more help. It could be possible that Carter has put charges and interest on that they are not entitled to. Your agreement could be unenforcable, default could be incorrect.

The more info you give the more the experienced Cag members can pick the bones out of it.

 

Do you know how much Carter has added on or what rate of interest he is charging you, if any?

 

Also when was the card taken out? there could be charges that can still be claimed back or missold PPI, these would help reduce the balance.

 

Did they comply fully with the CCA request?If not , you could put the account into dispute

[Danny27404]

I am paying a CCj back with them and to be honest they were really helpful to me might not be what you want to hear but i recently phoned them asking how much was left and they told me what was left and asked i could pay more i said no and never got preassured into paying more either. They only put 1/4 on the ccj and it now shows as satisfied which is good.

[FORMISTER]

I am paying a CCj back with them and to be honest they were really helpful to me might not be what you want to hear but i recently phoned them asking how much was left and they told me what was left and asked i could pay more i said no and never got preassured into paying more either. They only put 1/4 on the ccj and it now shows as satisfied which is good.

 

What do you mean by "they only put 1/4 on the ccj"

 

If a CCJ has been obtained and an agreement has been made in court, then they can't pressurise you into paying more. Your complying with a CCJ and there is nothing that the creditor can really do about it. It's a bit cheeky just asking you if you could pay more

[Danny27404]

Eg because i dont want my ammounts owed known... if the debt was 1000k they only put 250 through for the CCJ no ammount was given by the court as this was done whilst i moved house it was about 6 months later when i looked at my credit file i saw the CCJ and phoned them up explained i had moved address and i did query why the ccj was for less they said that it was so that once i started making payments the ccj would be gone quicker and the remaining would be paid on by me. To be honest im happy with that because i would still have a unsatisfied ccj on my file.

 

Does that make sense to my previous post now?

[coledog]

No not really - you said the amount was for £400-500. Did they claim for the full amount of the actual debt and have you actually got a CCJ judgement registered against you?

[FORMISTER]

Oh right makes more sense. Without knowing details it could of been their illegal charges on the origional amount which they didn't take to court, just the amount they were legally entitled to. Many people panic and agree to pay the amounts to avoid court, or it's used as a tool to offer you a discount to get you to accept. But like I say, don't know the details.

 

But im glad you feel you have been treated ok, unfortunetly it's not the norm and certainly not typical of what I have come across

[rev.ian]

The good news for you is he can not go back to court for any more and all you need to pay is the £250.00.

[twofoot]

Without seeing the particulars of carter's claim it does sound like a split claim. The OP is still vague about this case and I'm reading between the lines.

[coledog]

I thought that it may be split claim too.

[DonkeyB]

Oh dear, Mr Carter... asking for more money when a CCJ has been paid in full? You naughty, naughty man. Go and see the OFT at once!

 

If he suggests in any way he can take legal action to recover more money, he is lying – no more, no less.

[harrassed senior]

We seem to be getting confused now, the OP has gone and someone else is putting their case and they are getting mixed up, or is it me that needs to go and have a lie down:|

[FORMISTER]

Yes sorry, we're no longer commenting on the OP's thread

[bwfc4eva86]

I think as twofoot mentioned, if you give Cag more info then you will get more help. It could be possible that Carter has put charges and interest on that they are not entitled to. Your agreement could be unenforcable, default could be incorrect.

The more info you give the more the experienced Cag members can pick the bones out of it.

 

Do you know how much Carter has added on or what rate of interest he is charging you, if any?

 

Also when was the card taken out? there could be charges that can still be claimed back or missold PPI, these would help reduce the balance.

 

Did they comply fully with the CCA request?If not , you could put the account into dispute

 

Hi sorry for not looking back at this topic, been dealing with Fredricksons regarding littlewoods and have finally got them to bog off So won that one easy enough.

 

The original debt was £346 with Egg as my Credit Limit was £400, now Egg kept uping the credit limit to £600 because i missed payment due to illness. And then it finally went to carter with a Balance of £646, Carter then has added court fees which took it up to £797.

 

Now my bug bear is, i had PPI insurance on this, now with my PPI on Blackhorse i was entitled to take a payment holiday or reduce payments which should of been the case with EGG.

 

So i think i have been missold PPI by Egg and also Carter sent a what looked like a printed off copy of terms and condidtions 3/4 days after the date i had to submit my defence to Northampton bulk centre. It also had no signitures, just a tick in a box saying that this is my signiture for the agreement.

 

The card was took out in 2006, i have sent Carter a letter asking to reduce payments from £50 per month to £20 per month.

 

As he said if i didn't adhere to the monthly payments he would request the court strike it out for further costs and a CCJ i imagine.

 

Hope this makes it slightly clearer.

[MW2]

So he's added court costs and you haven't been to court?

[bwfc4eva86]

Yeah he's added court costs and his fees. It got as far as going through the bulk centre me submitting a defence and it being transferred to my local court. Then Carter sent me a letter saying, i can pay a settlement fee of £500 or something along those lines or pay £797 by monthly installments of £50.

 

I accepted the monthly payments and got a letter from my local court stating that its now been passed on i'm paying monthly installments and should i miss them, then Carter is free t persue the matter in Court.

 

So no i haven't attended court as it didn't get to that stage, but nearly did.