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Being chased for rest of B.Carter "split claim"


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Hi all,

 

Back in 2007, before I discovered CAG,

Brian Carter obtained a CCJ against me for a few hundred quid (out of more than £6000).

 

Once I discovered that split claims are not lawful,

I decided it was a good deal, and as I never want credit ever again,

I couldn't care less about a CCJ.

 

Because I am on disability benefits Carter accepted a £2 per month payment

and I've been paying ever since by direct debit.

 

I has a couple of letters from Arrow Global saying that Fredericksons were no longer dealing with it

(which is the first I knew that they were dealing with it).

 

Today I have had this missive:

 

Letter-Jul13-Edited_zpse366fdcb.jpg

 

I have no idea how to respond, or even whether to respond at all.

 

The "payment plan" they refer to is a CCJ which has damn all to do with Wetcloths

.I'd be eternally grateful for any guidance on how best to proceed.

 

BTW, now that 6 years are up on the CCJ, am I obliged to continue with the installments?

I had assumed that I would just continue until 16 years was up, or I die, whichever is sooner, but I'm starting to wonder now.

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You are obliged to continue the payments as any limitation is from the time your last payment was made.

 

However, these bandits cant ask for more money as it is subject to a court order

and they know it so they are hoping you will fall for their letter

and agree to giving them a million pounds a week to pay for the "extras" they have unlawfully added to your account.

 

Leave the DD alone but keep an eye on it in case it suddenly changes in amount.

 

Write to them telling them that you have not been notified by the original debtor

that your debt has been sold on so you will continue as it is

and to stop any other action as it is unlawful.

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I have asked andyorch to look in on you, but eric's brother is correct - your adherence is to the judgment order and not Wescott. So if the order says you pay £2.00 a month, then that is what you pay.

 

I think you might need to respond to Westclot and advise that this is a Judgment order you are repaying and you will maintain the payments as ordered by the court.

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If they are referring to the judgment amount....ignore...if they are referring to the balance not claimed....still ignore:madgrin:

 

Here you go.. :)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks guys. I'll sent Wetcloths a letter telling them to *&%$ off. I might just report B. Carter to the SRA as well while I'm at it, not that I suppose it will do any good :rolleyes:

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  • 4 months later...

I need to resurrect this one, unfortunately.

 

 

I never did hear anything back from the letter that was sent to Wetcloths,

and it went quiet after that.

 

 

Today I have received a NoA from Arrow Global to say that it has been assigned to Restons Solicitors.

 

 

I hear they are nasty,

so I want to head things off if I can.

 

 

I propose sending Both Carter and Restons a letter stating that this is subject to an existing CCJ

that I am still paying,

and to sort it out with each other.

 

 

Does that sound like a good plan?

 

I'd be grateful if anyone has any further advice.

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That's exactly what you must do if any party wants to change the terms of the judgement order they must apply to the court.

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this is what happens with a split claim.

 

 

wetcloths are carter are lowells are freds now.

 

 

all the same.

 

 

so that's the CCJ bit

 

 

arrows sound like they bought the other bit of the debt.

 

 

pers I'd not send 'the' statute barred letter

 

 

but a letter indicating its statute barred

 

 

let them find out when you last paid on the old account

 

 

rather than carter litigation fees split claim only.

 

 

 

 

 

 

they wont know and shouldn't be told of the existing CCJ surely?

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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I suspect that they don't know about the existing CCJ,

but I think they are under the impression that I have been paying off the £2 per month as a voluntary arrangement.

 

 

I did tell Wetcloths about the CCJ,

though they probably just filed my letter in the waste paper bin.

 

 

I'm sure if I try and say it's stat barred, they'll then say it isn't because of the monthly payments.

 

It did occur to me though that the rest of the amount must be stat barred,

even if it could be lawfully split

- it's well over 10 years since the last payment, apart from the CCJ.

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so what was the org debt?

 

 

dx

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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£6000 odd. Carter wanted about £350 for his part. So when I found out it was unlawful to chase the rest, I considered it quite a result at the time. I couldn't care less about the CCJ, I never want credit again, and I'm too disabled to work again, so it hasn't affected me in any way.

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As posted above, because you have a Direct Debit in place, this can easily be adjusted by both date and amount.

It might be best to switch to paying by Standing Order so you never have to worry of anything like your account be emptied.

 

The Court CCJ paperwork says who to pay, it does not say which method of payment to make.

 

Get the Bank Account Details of Carters/Freds and continue to pay them at £2 per month as you can easily set date, amount, reference numbers etc.

 

Unless you have been instructed by a variation in the CCJ, continue to pay Carters/Freds as you have been doing.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

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