Bryan Carter CCJ by default

[notgottaclue]

Hi

 

I would appreciate a few pointers on this. The dreaded BC has obtained a CCJ by default againt me.

 

The problem is that I never received the original claim form, so had no opportunity to defend the claim.

I'm not even sure what the claim is for, but it's possible it's for an old Co-op bank account overdraft which has been in dispute since 2008.

 

I want to apply to set it aside, but I've been reading that it's very difficult to do this.

Also the fee of £155 seems a bit steep!! I understand that if I can get BC to agree to a set aside it will only be £50.

 

The whole debt, including fees, is just over £500.

 

I believe the claim form was sent to my old address, although I have a redirection in place, the claim form was not redirected.

I Have not received any correspondence from BC or anyone else demading money either,

so I'm a bit puzzled really.

 

 

Had I received any correspondence I would have just sent him the usual account in dispute.

It may even be statute barred anyway.

Had I also received the claim form I would have dealt with it.

 

The problem I have is that I can't find out from the Court at the moment the details of the claim because I'm having trouble getting through.

 

I don't want to pay out £155 if there is no chance of getting it set aside and if it is the Co-op Bank, I'm not sure I have much of a defence as I probably do owe some of the money but not the amount they were demanding.

They simply refused to send me any statements or an explanation of how a closed account incurs charges!

 

I am minded just to pay it off within the timescale

 

 

but another thing that concerns me is if I have to pay BC direct what guarantee have I got that he informs the Court

that it has been paid within the timescale and not to register the CCJ?

How do I know he won't register it anyway?

 

I also thought I could try and get BC to agree to a set aside and then negotiate a payment plan.

I'm not sure how likely that is bearing in mind his reputation.

 

I would appreciate some advice on the best way forward.

[notgottaclue]

I now have a bit more info on this.

 

 

The claim was issued in October, which I never received.

 

 

The account was closed by the bank in August 2008,

 

 

some correspondence in early October 2008 and then nothing from the bank just letters from various DCA's.

 

 

Would this make it SB or has it just slipped in?

[dx100uk]

I would suggest if it was closed in aug 08 then they called it in then.

so its SB'd

 

 

was it a fee paying account.

 

 

I believe the brown Claimform envelopes state do not redirect on them?

 

 

can you not phone northants and ask for the contents of the claim/poc/ccj judgement boxes

 

 

dx

[notgottaclue]

I would suggest if it was closed in aug 08 then they called it in then.

so its SB'd

 

 

was it a fee paying account.

 

 

I believe the brown Claimform envelopes state do not redirect on them?

 

 

can you not phone northants and ask for the contents of the claim/poc/ccj judgement boxes

 

 

dx

 

No, it wasn't a fee paying account, just a current account. There was various correspondence between myself and the bank during October and November and I then got a formal demand letter in November 2008.

 

The Court told me it was for an overdraft and the total was just over £500.

 

I was pretty sure that Royal Mail did not redirect claim form envelopes, but the person I spoke to at the Court was pretty clueless and didn't know!

 

I have read that overdrafts are pretty difficult to know precisely when the default occurred which in turn makes it difficult to know when it becomes SB'd.

[dx100uk]

I meant the DMP being fee paying one sorry!

 

 

how about ringing the bank concerned?

they should be able to tell you when they called in the OD?

 

 

dx

[dx100uk]

when was the ccj issued BTW?

 

 

 

 

dx

[notgottaclue]

when was the ccj issued BTW?

 

 

 

 

dx

 

20 November 2014.

 

I assume the bank's formal demand in November 2008 was the calling in of the overdraft.

[dx100uk]

then BC prob filed just before that was 6yrs old then.

 

 

dx

[notgottaclue]

then BC prob filed just before that was 6yrs old then.

 

 

dx

 

Yeah, I was thinking that he had!!!

 

Not a lot of options I guess!! I'm just a bit miffed it all goes quiet for at least three years, then bam!!

[renegadeimp]

Thats carters MO. He will use any method possible to get a default judgement.