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Brian Carter "Split claim" advice needed


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Way back in 2007, before I discovered CAG,

 

Carters instigated a County Court claim for £300 odd out of an alleged debt of several thousand.

 

Having ascertained that they couldn't come after me for the rest,

I decided not to fight it,

and was paying them at a couple of quid a month (because I am on disability benefits that was all I could afford).

 

That went on for 6 years until,

presumably,

the CCJ dropped off my credit file,

at which point they stopped taking payments

and cancelled the Direct Debit which was set up.

 

Since the middle of last year,

I have had a few letters,

starting with Westcott, and

then from Arrow Global who kept sending me Notices of Assignment to various DCAs and their pet solicitors,

 

until I received the following letter:

 

Letter-25Mar14-Edited_zpsb671d4c6.jpg

 

Clearly Brian Carter has sold the alleged debt on,

but the question is can he do that where a CCJ had been awarded?

And car Drydens Fairfax just take over a CCJ like that?

 

I'd be most grateful for any advice on how best to proceed here.

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Check with the court who owns the debt. Most of the time, they know you have a CCJ, but they do not own it, or do not administrate it. If they did, they can easily go to the court for further orders, not beg, plead and threaten for you to call them.

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  • 4 weeks later...

I've had another missive:

 

Letter-10Apr14-Edited_zpsee923deb.png

 

I really need to know if a CCJ can be legitimately transferred from B Carter via Fredericksons, Westcot, Arrow Global and now Drydens?

 

The answer to that question will depend on how I respond to them.

 

I have never received any communication from B Carter or the County Court since Carters arbitrarily stopped taking the monthly payments

and cancelled the Direct Debit.

 

That being the case, my inclination is that the CCJ is nothing to do with anybody else, but I really need to know for sure.

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carter does not buy/own debts

who was his client?

 

if it was arrows then theres nowt wrong here.

 

 

is the balance asked what is left of the £300 to pay off the CCJ?

 

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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Carter's clients were "Cyclone Asset Management". Arrow Global have only entered into the picture recently (within the last 6 months).

 

The figure given is not the couple of hundred quid left of the CCJ, it is the original full amount. Which leads me on to what was going to be my next question, whether I should now report Carters and Drydens to the SRA?

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Cyclone Asset Management are arrows

 

so

they cant use the old CCJ to threaten the full balance

report themto the courts and whomever else you can think of.

 

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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OK, thanks very much for that, I hadn't realised that Cyclone were Arrow.

 

I will compose a suitable letter to Drydens tomorrow and see what they have to say for themselves. I have little doubt that they will give themselves a bit more rope to hang themselves with.

 

I would be grateful if somebody could point me to the relevant piece of legislation regarding the unlawfulness of split claims, so that I can gen up on it a bit.

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I would think the rest of the debt would be statute barred by now, wouldnt it ?

 

I will flag your question for andyorch.. but I think it boils down to the fact that all of the claim should have been made at the same time.

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s.35 of the county courts act, rarely see these appear any longer......... ensure it understands that its client rejected instalments of the original judgment quantum and should it now provide you with banking details you will be only too pleased to establish monthly payments in order to settle the remaining balance of £xxx.xx [or in English, not a lot :-)]

 

http://www.legislation.gov.uk/ukpga/1984/28

 

35 Division of causes of action.

 

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

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How much of the £300.00 judgment debt had you repaid when they cancelled the direct debit ?

 

I guess you need to make it quite clear that it was they who cancelled the direct debit.

 

That they appear to be claiming for an amount that was not part of the judgment debt.. and when AO provides any legal stuff.. point out that they had their chance and blew it.

 

ignore part of my post.. Mike had already responded :)

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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

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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 for all the excellent replies everyone :)

 

I paid £2 per month for 6 years from the date of the judgement, so roughly £140 was paid. I estimate that around £200 is owing. Carter stopped taking payments as soon as 6 years was up and the CCJ dropped off my credit file.

 

The remaining amount would have become Stat Barred in 2009, aside from the unlawfulness of splitting the claim.

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