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Brian Carter Warrent of Execution Letter


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Yesterday I received this letter from Brian Carter.

 

YOUR ACCOUNT HAS NOW BEEN REFERRED FOR ISSUE OF A WARRANT OF EXECUTION UNDER WARRANT NUMBER ******* AT (INSERT MY ADDRESS)

 

THE BAILIFF WILL NOW ATTEND YOUR PROPERTY, WHICH MAY RESULT IN THE SEIZURE OF YOUR ASSETS AND/OR POSSESSIONS UNLESS YOU REPLAY THE DEBT.

 

I then goes on to say about how to pay and may agree payment plan. I have moved many times this past 6 years, I'm sure I do have CCJ's registered against me but this is the first time I've received a letter like this. Most debts were incurred 5 or 6 years ago when I was losing my home.

 

It's regarding a debt with a company I do not know - Arrow Global ? DCA ?

There is no court location or CCJ reference number for me to confirm the CCJ was made.

Is it too late for me to request a CCA ?

What can I do to find out which court ?

 

If I knew what this debt was and I owed it, I would agree to a payment plan.

 

Northampton seems to be mentioned a lot regarding Brian Carter, and I've read several threads concerning him - but not what to do and is this letter real or one of the 'may do something' letters that I've had from him and Fredricksons.

 

I understand not to call them, and also any letter I write I should print my name not sign it.

 

Thanks for your time with any advice.

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This company is very aggressive, in getting cash from you however if this the first communication you've had from them it may be a fishing to see if its you i.e you respond then BAM they got you. If they had a warrant of execution the bailiffs would have been there by now. My personal response is do nothing and see what happens but others may have better advice, its in their interest/benefit for you to get in touch not yours. Lets put it this way If I had a valid warrant I wouldn't offer you a chance to pay I would get the goods and sell 'em. I'm sure the next offer from them will be a % off the total etc etc.

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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check your credit file for any ccj's you must have a ccj before a warrant of execution is issued. northampton is the county court bulking centre.

 

if they have a ccj against you. then it sounds like your going to dealt with by a county court bailiff. in which case i would wait for their letter. they don't add extra charges on for visits etc.

when you get the letter. call him and he will tell you what the debt is about. ie cataloge phone bill.

if you agree its your debt. get him to send an n245 out. costs £40 but it done by the book. and even if carter don't accept you offer. the court in must cases force them too.

 

i would not call carters. in fact if they issue a warrant of execution the court expects carters to leave it in their hands.. i remember similar from a friend who started dealing with robbing way while a warrant of execution was in force and the bailiff cancelled the warrant

:???: what me. never heard of you never had a debt with you.
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Thanks padja - My letter is from Bryan Carter Solicitors LLP = Limited Liability Partnership

 

I've had a few letters from them but none giving the definite 'we will' do something, unlike this letter.

 

Thanks queensclose - sounds like Northampton Court is my first call Monday morning, interesting what you say about what kind of bailiff too and that a letter will be coming - before they knock ?

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Check for CCJ's here, it will cost you £8 http://www.trustonline.org.uk/

 

For info on how to deal with Bailiffs read the following links,

http://www.bankruptcy-insolvency.co.uk/debt_basics/bailiff-guide.php

 

http://www.stopthebailiff.org.uk/

 

http://www.beatthebailiff.com/

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi, You need to check your credit files

to see what CCJs /defaults etc. you have

on file.

Are you unaware of any recent court

action?

If Carter has applied and got a warant

this has gone a lot further than will take

action, the action has been taken and you

have been warned the the bailiff will attend.

I'm afraid much of the advice you have been

given is not going to help for once I am going

to recommend that you phone or e-mail Carter

as the will be no warning further from the court

the bailff could turn up at anytime.

Arrow Global is a debt purchase company

associated with a debt collector call Fredrikson

International, they and Carter are at the same address.

Don't delay you need to get the warrant suspended

on the grounds you did not know of the original

court judgement.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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This will most likely be a court

bailiff not the private company

type they tend to act in a different

fashion and under certain different

rules, in this case you will not

be able to negotiate with the bailiff,

who has the authority to stand down

if you can prove that either there is a dispute

or you have reached an agreement with the creditor.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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call your local county court and tell the your warrant number. they will tell you if its live. it interesting that they have a warrant number when they also say referred for issue of a warrant. you cant have a warrant number unless its issued

 

a court bailiff is just a civil servant. they dont get bonus's or commission just a set wage. and a good to deal with ( still don't let one in the house)

steer clear of calling carters.

 

as i said call your local county court or even go in with the letter. they will tell you if you have a ccj against you. if its fake. complain to the oft for sending misleading letters.

 

if its right you have a ccj against you. then only deal with the court. by calling carters their only aim is to bleed you dry of money

 

you can suspend the warrant. £40 if your working or free if unemployed or on tax credits with child element

 

list all your out goings and i mean everything. and make an offer on a monthly basis.

carters nearly always reject the offer. so a judge will look at your income and outgoings and as long as you filled it in correctly he will make the order. this is how people get to pay £1 per month etc.

 

as long as you maintain the payments on not late paying them carters cant do nothing else

 

it sounds like your coming towards the limitation act. so carters may are trying it on.

if you have no ccjs for these. do not call carters under any circumstance

 

are you able to scan the letter taking out any identifiable information

upload it http://www.photobucket.com

:???: what me. never heard of you never had a debt with you.
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If you never received the original court claim (it could have been sent to a previous address), then you can apply to the court to have it set aside as you have not been given the opportunity to defend. Carter is well known for sending court claims to previous addresses so he gets judgement by default (as you won't know anything about it so can't reply to the court forms) and then miraculously finds your current address to enforce the CCJ by a warrant of execution.

 

First thing to do is contact Northampton and find out where the court papers were sent to. Is there no Claim number referenced on Carters letter ?

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Thanks for your advice everyone. Queensclose yes I thought it strange they were referring for issue of a warrant as I read on another BC thread that the court deals with it automatically, not them. My thinking is it's their attempt to get me to pay them instead of the bailiff ?

 

Plan of action currently is -

 

1) Call court on Monday to check for CCJ and Warrant - I have a claim number.

 

2) Ask court if they would Stay action while I await all info from Subject Access Request from BC's as I wasn't aware of judgement and will be disputing it, applying for it to be set aside. Ask if court bailiff or BC's bailiff and the state of play with them just turning up or what i.e ask court what I can do at this stage with a disputed debt to stop bailiff knocking.

 

3) Write Subject Access Request to BC's (rang a debtline to find about doing this) asking for copies of warrant, judgement and the details of it, copy of the CCA and a breakdown of the amount claimed, how much initial debt, how much fees added, and finally copies of all the letters they've sent to me. They have up to 40 days to respond to this request.

 

4) Depending on courts answer to 2) apply for judgement to be set aside.

 

Will update as I have more info

 

Thanks for all the help so far

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A warrant of execution has to be

applied for and the claimant must

give proof that all other methods of

collection have been exhausted, this

is not like a warrant for non

payment of fines or taxes issued

under criminal law.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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If there is a warrant then the CPR rules kick in, not the SAR which can take up to 40 days, if Mr Carter does not comply with the CPR request then it is an offence and you can ask for the case to be struck out.

 

Do not consider SARing at all as it takes such a long time, if court is mentioned then the pre-court protocols and CPR rules are the best way forward.

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If Carter has quoted a warrant number then he will already have one - I have seen him do this before. You will receive a letter from the court telling you that a warrant of execution has been issued - you then need to enter an N245 asking for the warrant to be suspended - affix a statement advising that you did not receive the court claim and could not therefore defend (you will have to ring Northampton and ask what address Carter sent the claim form to just to make sure he sent it to a previous address).

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You will not be able to make a CCA request if a Judgment has been entered. I think you can still use CPR31.14 for information.

 

 

There are links to both CPR31.14 and CPR Part 18 in the thread linked below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

You need to follow Ell_enn's advice.

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Thank you for that link - much of what I'm reading re the CPR forms are for pre trial and I cannot find anything mentioning after judgement. Will go back and look at the difference with my original SAR. Sorry my head is going round in circles at the moment with all these potential letters. I like someone also said, as most of my debts we 5 or 6 years ago, some even longer, I also don't know which this was and it's default date. Calling courts first thing and if judgement and warrant there will complete a N245.

Edited by Daisy-D
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All the information you need to do a defence or counterclaim can be asked for under the CPR rules, and if Uncle Bryan breaks the rules you can ask to have the case reassessed in the light of his abuse of process.... and report him to the Solicitors Regulatgory Autority.

 

Wait until you speak to the court tomorrow to see what the status is - he has been known to send these letters out 'as an administration error' in the past to trap people into admitting an almost staute barred debt. He has a lot of little traps this solicitor for rent....

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It's important you ask the court what address the original claim was sent to. Tell them you have been sent a letter with a warrant number on it from Carter but you never received the original claim form and suspect it was sent to a previous address.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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most important thing is to check your cra file

 

if no ccj shows

 

its a spoof trying to fleece you

 

not the first time not the last

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Monday update - There is a CCJ, forms were sent to my correct address in November last year. Due to no action a default was filed. I can only suppose I ignored this, if I ever got them. I've had court papers in the past and have been able to stop action so I can't think why I didn't this time.

 

However there is NO warrant issued according to the court, although she says he can have numbers already and he can do them overnight and at any time. Also say he might use a private bailiff ?

 

As there is no warrant I need to now complete a N244 to object to the CCJ or wait until I have the response from the CPR31.14 request ?

 

I agree there are debts out there I owe, I don't know which are out of date or not, or who this particular one was owed to before it went to Arrow Global. The court suggested I call Bryan Carters for details, obviously not, so I'm still writing a CPR31.14 requesting info. Do I tell BC's that I will be filling an N244 ?

 

Thanks again

Edited by Daisy-D
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I'm pretty sure Carter will have requested the warrant - I have seen the same kind of letter from him before with someone else I was helping and the warrant of execution letter turned up from the local court about 2 weeks later with the same warrant number as was on his letter - so I don't think it is a spoof at all.

 

I would wait till the warrant letter comes from court before entering any court forms - in the meantime you should write to Uncle Bryan asking for details and letting him know you will be requesting a suspension of the warrant as you have no idea what the claim is for.

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Also say he might use a private bailiff ? - No he can't unless the debt is for more than £600 and he has it transferred up through the High Court for enforcement when a High Court Enforcement Officer may attend.

 

 

PT

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