Bryan Carter split claim....have CCJ for the rest of it now...!!

[flynnkev1]

Hi guys ive today found out that i've been subject to a partial claim by bryan carter which i paid off. This has not been marked as satisfied on my credit card file. 1.5 years later they sued me for the remaining amount. I wasn't living at the address at the time (although i own it) any advice would be much appreciated.

[42man]

I believe that splitting the claim is an abuse of process....have a read of this - http://www.consumeractiongroup.co.uk/forum/showthread.php?139265

[42man]

There are some other threads here too - http://www.consumeractiongroup.co.uk/forum/showthread.php?145128

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?158521

[flynnkev1]

thanks mate

[Bandit127]

You said they sued you at an old address.

 

Does this mean you are in possession of a claim that you want to defend or have (unfortunately) found out that judgment has already been entered and you are looking to set aside?

[flynnkev1]

judgement has already been entered. twice. once for the initial amount which i paid and then subsequently 1.5 years later

[Bandit127]

The second one is the one you have issue with.

 

I don't know if abuse of process gives you special grounds for a set aside. If not, you need to go for poor service.

 

Until you get a set aside, you will not be able to get the issue of abuse of process examined.

[flynnkev1]

Should they not have marked the first one off as paid once I had paid it? or indeed overpaid it?

 

What grounds could i use for poor service? In all honesty i should have informed them of my new address but i was young and very naive and even more stupid!