Transfer of Proceedings - EGG CARD 'debt'

[pastamik]

Hi

My son has had a letter of Transfer of proceedings on a CCJ to our local court from Northampton.

This has been paid monthly since 2010 by Direct Debit to Brian Carter.

 

 

The letter does not mention him but Frederickson International Ltd as the 1st claimant, this was for a debt on an Egg card.

 

 

I realise he needs to get in touch with the court but is it permissible to cancel the Direct Debit that is going out to Carter on the first of each month?

 

 

The letter was dated 30th August 2016 and a payment was already paid on the 1st September.

 

Thank you in advance.

[dx100uk]

so he's had a claimform and you've alredy defended?

[pastamik]

He's had purely the letter of transfer of proceedings but he does not want to pay to Brian Carter money he's clearly not entitled to. The CCJ was put in place in 2010 after my son informed him that the a debt management plan was in place and he had paid an initial payment. Obviously he does not want to get into any trouble with the court.

[dx100uk]

transfer of proceedings mean there is an active case

and its moving to your local court for allocation

 

 

I wonder if you mean change of sols

carter doesn't exist anymore and hasn't for many months.

 

 

lowells sols are taking all his cases over.

 

 

TBH i'm a bit confused here.

 

 

somethings not right.

[pastamik]

The Letter is a notice of Transfer of Proceedings and info that the CCBC Sol is no longer acting,

there is nothing else on the letter but the claim number, the claimant ref, the defendant Ref and

"To all parties".

The number at the bottom of the letter is N271.

Also if Carter has not been acting for so long where has my son's money gone?

 

Also, an offer was made by Carter on 18/08/2012 to pay 60% but we did not have the £1420.42 that was required,

this was a reduction of £946.93 and since that time he has paid £770 so one would think that he shouldn't be expected to pay too much more.

[dx100uk]

something smells on this debt

why did he not defend it.

 

 

if theres a discount on offer

then you can bet your bottom dollar

theres more to be had by getting all the statements from the OC

and reclaiming.

 

 

not sure on that letter

it says what I suspected

a change of solicitors

but cant see why theres a notice of transfer

unless its a transfer of solicitors to Lowell solicitors

 

 

which I guess it is,

[pastamik]

Sorry, what's the OC.

 

 

Have to say if it's Egg there's a fair chance there were lots of charges on it.

He didn't get a chance to defend it,

we were going to work with the DMP which he had other debts on after the breakup of his relationship

 

 

but before we knew it, it was presented to the court even though we replied in time.

 

 

We wrote to the court but we couldn't do anything about it.

If though a Direct Debit is being paid to someones bank account

how can it still be paid if someone else is acting.

[renegadeimp]

Carter up to their usual tricks, as well as offering a discount? I bet you anything that debt is not enforceable and they know it. But youve become a cash cow because youve blindly paid it.

[dx100uk]

FWIW carter is part of the Lowell group

so I doubt your payments have gone into thin air

but I've gotta admit I smell a cash cow here.

 

so you are saying you defended via MCOL

but didn't send in any defence in time

 

yes OC [original creditor] is EGG then

so SAR time

prob got PPI there to reclaim

[renegadeimp]

They may be getting paid now, but this has been ongoing since 2010 dx.

Edited September 26, 2016 by Andyorch
edited

[pastamik]

I don't think my son would consider himself a cash cow exactly and for the most part my wife, his mum, has got whatever debt lessened that she could.

 

In fact she did defend one claim via MCOL for him and that was statute barred, so farewell to that.

 

With this one he received the court papers and she responded in good time but they had already put the claim into court and she was unable to get anywhere with her correspondence to the court.

 

We realise these debts are bought for much less than they actually are but once the courts have it, the fear of imprisonment takes hold.

 

The thing is we wouldn't know who to pay now, we have had no approach from any solicitor or DCA, and have cancelled the DD after talking to the local court.

 

Do we just wait?

Why should we approach them first?

[AndyOrch]

Slightly confusing this thread.....pastamik when you state you have been making payments from 2010...was that of your decision ? not ordered by the court to or subject to a court claim ?

 

The N271 normally transfers a claim from Northampton to your local county court for allocation to track once a defence has been submitted.

 

Has a claim been recently issued...as I suspect that does not relate to 2010 or any court claim of that year ..but merely being pressured into paying a DCA blindly?

 

I think a few phone call are in order (the claim number should be on the N271) to clarify the status and why the the transfer if a claim has never been received.

 

Regards

 

Andy

[dx100uk]

I don't think my son would consider himself a cash cow exactly and for the most part my wife, his mum, has got whatever debt lessened that she could.

 

In fact she did defend one claim via MCOL for him and that was statute barred, so farewell to that.

 

With this one he received the court papers and she responded in good time but they had already put the claim into court and she was unable to get anywhere with her correspondence to the court.

 

We realise these debts are bought for much less than they actually are but once the courts have it, the fear of imprisonment takes hold.

 

The thing is we wouldn't know who to pay now, we have had no approach from any solicitor or DCA, and have cancelled the DD after talking to the local court.

 

Do we just wait?

Why should we approach them first?

Do as Andy advises

He is much better at legal than iever could be, but has spotted what I have...something's not right.

 

As for being imprisoned.. Not on consumer debt no never

So not sure where that notion has come from...

 

Cash cowing is not a derogatory term

More a state that the DCA spoofs you into

Esp the likes of Carter!!

 

I'd be sending the original creditor an sar

And i bet you've never once got a statement out of any DCA he is paying??

 

As for the present situation.. Ring the court and ask

 

Bottom line is always never forget..

A DCA or their fake/tame sols

Are not BAILIFFS

And have

No such legal powers

You and I have just the same powers

Can only get a CCJ on civil debts

[pastamik]

Thsi is the history of it :-

October 2009 - DMP set up with Egg debt but different DCA

November passed to Carter so initial payment to set up placement on DMP

2010 No action on Egg debt with DMP simply being passed around

April 2010- received papers from Northampton court and given time to reply

Case already presented to Court and CCJ made out by court for £10 weekly on the first of month

Wrote to court to Say He'd replied in time therefore could it be overturned

Court said sorry but no

30/04/10 First payment made to Court Via Brain Carter

 

September 2016- letter dated 30th August received as previously stated.

It has a claim number , claimant reference, but no defendant reference no.

The Letter states :. To all Parties This claim has been transferred to the County Court at .......... as the CCBC Sol is no longer acting.

Rang Court 26/9 and was advised to cancel DD but given Fredericksons address to possibly ring them.

[AndyOrch]

Many thanks ...okay so there is a CCJ in place from 2010..payments are set at £10 per month....so the above notice could either be purely to transfer it out of Northampton to your local court (this is quite normal and nothing to concern you).

It may be to change the judgment claimant/solicitor which involves no intervention from yourself.

 

As for the court telling you to stop payment...I am at a loss and do not understand why a court would advise you of that.

 

Andy

[pastamik]

The idea to stop the DD was because Brian Carter would no longer be acting therefore the payment should not go to him (or them). The next payment would normally be going out on 1st October but to where? Who could I ring for the right info and how can I reinstate a DD if I do not know who I should pay.

[AndyOrch]

The idea to stop the DD was because Brian Carter would no longer be acting therefore the payment should not go to him (or them). The next payment would normally be going out on 1st October but to where? Who could I ring for the right info and how can I reinstate a DD if I do not know who I should pay.

 

So the court didnt tell you to stop payments...that was of your own volition ?

 

Who was Carter acting for....Who was/is the judgment claimant ?

[pastamik]

When I spoke to the person at the court it was more of a query than anything as to what we should do so on advise I stopped the DD. The judgement claimant is Frederickson International.

[AndyOrch]

Who I assume was acting for Lowells ?...as far as I am aware all payments to Frederickson/Carter were automatically transferred to Lowells Solicitors..I would simply visit the following Site and arrange a new payment method

 

https://www.fredpay.com/?Ref=FI_1

 

As for all payments made since 2010...as for a statement from Lowells so you can check the balance and make sure all your payments are accounted for.

 

Regards

 

Andy

[pastamik]

Thank you. I tried the link but it didn't seem to be the place to make a Carter payment so I have sent an email to Lowells.

[AndyOrch]

Freds/Carter...all the same group...now called Lowells Solicitors