My Capital One/Bryan Carter CCJ......

[creditcardmug]

Yes they certainly will.

[Vampyra]

I spoke to the court this morning about who to send the letter to regarding this CCJ and the lady in the court was very abrupt. When I told her I had proof and would send that in that we paid it on 15th September she said "oh we don't look at your proof we ask the solicitors who will give us an accurate assessment of what was paid and by whom. If they never sent you a certificate of satsfaction it's probably because you never paid. We only accept confirmation of payment from the solicitors as defendants have been known to doctor documents incorrectly stating they paid when they didn't".

 

I'm gobsmacked! 80

[karen08]

I can't find out anything about this Bryan Carter outfit.

 

I would complain to anyone who might be interested.

 

Nitrous Oxide has posted saying they claim a small portion of the outstanding balance in CCJ action to recover their fee, which is very interesting as it connects to what we discussed before.

 

They claim only a small portion of the debt thereby recovering their fee. By submitting to this claim as many do, you acknowledge existence and liabilbity of the debt without determining ownership, thereby allowing the legal owner to revive the claim at a later date, and there's not a thing you can do about it. Stitched up like a kipper.

 

Clever one!!!!

 

 

Sorry to bump an old thread, I have only just seen this!

This has recently happened to me! I defaulted on a Kays catalogue debt, and in June this year, I got a court letter, filed by Brian Carter solicitors.

I am asking the court to lower the amount they wanted (£50 a month)I am a single parent on benefits and no way can I afford that.

[NitrousOxide]

Hi,

Shame you didn't find the thread sooner as Brian Carter usually drops defended cases.

[palomino]

They claim only a small portion of the debt thereby recovering their fee. By submitting to this claim as many do, you acknowledge existence and liabilbity of the debt without determining ownership, thereby allowing the legal owner to revive the claim at a later date, and there's not a thing you can do about it. Stitched up like a kipper.

 

 

This has been quoted around CAG on many occasions but I believe it is wrong.

If BC claims for part of the debt they are not claiming for their fees (although court fees and solicitors fees may be added to amount claimed). I'm not sure what you mean by 'submitting to this claim' - are you suggesting that if you don't defend it you acknowledge the existence of the debt? That is one conclusion but not the only one.

If you have judgment awarded against you for part of the claim the original creditor cannot 'revive the claim' for the remainder at a later date as that would be in direct contravention of S35 of the County Courts Act.

County Courts Act 1984 (c. 28) - Statute Law Database

[Vampyra]

I wanted to add to this as I am going through the process of trying to get the CCJ removed.

 

I have sent an explanitory letter to the court telling them about the circumstances around the CCJ, that my defence was never shown to the court and that the CCJ was paid 3 days before the deadline. Plus it would appear from an SAR that Cap 1 never received any payment from Bryan Carter and Co and are now trying to chase me via Lowells for the debt.

 

The letter and evidence of payment arrived at the court and they sent it to BC. The court told me if BC agree it was paid they will mark it on my credit file as inactive - it's currently showing as active and has been for over 3 years!

 

However, they said if BC tell them it wasn't paid, they will not mark it as paid, even though they have evidence it was paid.

 

I would then have to fill in an N441 for the case to be reviewed. I would again have to supply evidence and ask for a judge to assess the case.

 

I will be writing to Cap1 for a definative answer as to whether they received any monies from BC and to also inform them they cannot claim for the rest of the debt as BC had claimed for part and you are not allowed two bites at the cherry.

 

I will take this all the way and may even consider, if appropriate claiming compensation for the CCJ being left on my credit file as Active for over 3yrs. If it gets removed I might go for compensation for it being on my file for 3 years!

 

I don't expect it to be easy but I'm gonna give it a good bloody go!

[Vampyra]

Oh yes I also found a letter from BC after the ruling saying I had to start paying installments of £250 per month - which was not the case. All evidence I feel.

 

I also sense an SAR to BC coming on!

[ladykb27]

Hi,

 

I have been reading through the theads on Bryan Carter with interest, they are trying to take my husband to court next week... so I am about to send the CCA request letter...

 

But on another note, I have a CCJ for £125 for a Kays Catalogue dept that Bryan Carter chased fortunately this has been 6 years and is now not shown, but by your threads it seems highly likely that was Bryan Carter recovering their costs... are they allowed to apply a CCJ to your name under your creditor?

 

Thanks again

[NitrousOxide]

Hi,

 

I have been reading through the theads on Bryan Carter with interest, they are trying to take my husband to court next week... so I am about to send the CCA request letter...

 

But on another note, I have a CCJ for £125 for a Kays Catalogue dept that Bryan Carter chased fortunately this has been 6 years and is now not shown, but by your threads it seems highly likely that was Bryan Carter recovering their costs... are they allowed to apply a CCJ to your name under your creditor?

 

Thanks again

Hi,

You will get a better response if you start a new thread or PM a mod to move the post for you.

You ideally need to send a CPR letter as it's now in court. How long a go did you take the card out. Have you ever CCA'd them before and got a reply?

[jimjams]

Oh yes I also found a letter from BC after the ruling saying I had to start paying installments of £250 per month - which was not the case. All evidence I feel.

 

I also sense an SAR to BC coming on!

 

Bumped a very old thread, sorry. But wanted to ask Vampyra how she got on with this? Did you ever get the CCJ removed? Am in a similar situation so would be good to know.