Bryan Carter Help!

[symeon]

Bryan Carter has started legal proceedings against me (my fault really for ignoring their letters) and I have received court papers for a ccj regarding this. I then sent a cca letter with £1 PO to BC on 10/04/2007 requesting proof of signed agreement. BC received my letter next day 11/04/2007 but I didn't hear anything from them until yesturday 13/05/2007. They have only sent statements of my account for the debt but not the actual signed credit agreement. Can they still enforce this debt even though they have not sent the agreement to me? PLEASE HELP!

[Curlyben]

A couple of things here.

1/ No CCA No ENFORCEABLE debt

2/ Bryan Carter CEASED trading on 28 Feb 2007

 

Have a look at this thread: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/88566-bryan-carter-ceased-company.html

[symeon]

Thanx for replying Curlyben. What do I do about the CCJ they have started against me. I let the court know I was waiting for BC to reply with the info I requested, but now they have only sent the statements, is there any way I can get the court to stop the CCJ proceedings?

[Curlyben]

Now I'm NOT a legal person and hopefully beter advice will arise shortly, but for the moment I'll have to do.

 

You need to make the court aware of what yoy have done concerning the "debt" especially the failure of BC to produce the CCA.

Also bring to the coutrts attention that BC have ceased trading as of Feb 28 and as such shouldn't be trying to enforce this debt.

[symeon]

Ok.

 

Thanx again Curlyben.

[Curlyben]

Just for more information, are the "court" papers real, or just another attempt to scare you.

 

Can you post some of the detail on them, or even scann ?

I've put a call out for more help on this.

[meg&mog]

hi both

 

my sister also has court papers from bryan carter they are real though they are from a bulk centre but she was taken to court on 9th march and already has a ccj what happens with that?

 

i have called the society of solcitors and they want copies of all the letters she has had but i am still none the wiser as to what to do about ths ccj

 

hopefully kill 2 birds with one stone here

 

good luck:)

 

ps..... i do have a scanner but i don,t know how to black out sensitive info:confused:

[symeon]

The court papers are real from Northampton CC Bulk Centre. I had to reply to the court to allow 28 days instead of 14 days to respond to the claim so it's all legit unfortunately. That's why I needed to know what to tell the court since BC haven't supplied the agreement. Should I ask BC again to supply the papers?

[Robdblynd]

Anyone contacted Laiste? She's brilliant with info (she's a lawyer from what I understand). She was very helpful to my OH and dislikes DCAs with a passion.

 

She will be able to advise on what's the best way forward and doesn't mind people asking for help. She is very busy though so it might be a little while before she can get back to you.

[Robdblynd]

Symeon, have you asked the court about the legality of the paperwork.

 

If the claim documents are signed by Bryan Carter him after 27/02/07, maybe it's not lawful and the claim will have to be withdrawn until his position is sorted out.

 

If you have letters or whatever in your possession, signed by Bryan Carter on Bryan Carter letter-headed paper you need to send copies to the Solicitors Regulation Authority at Leamington Spa, they're very interested in what he's up to.

[SHERLOCK]

Hi,

 

my thread below regarding BC&Co/NATWEST.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/42751-natwest-bank-ccj-bryan.html#linkbacks

 

READ THROUGH AND SEND THE LETTER ON THREAD 3 (FROM THUNDERPUSS).

 

I got teriffic advice from others on here and BC&Co did not get their CCJ and the case was discontinued,

 

HAPPY HUNTING,

 

SHERLOCK

[meg&mog]

hi rob

 

thanks for that might just do that

 

from what i understand a couple of ppl on debt collectors forum have said that the northampton court refuses to accept that bryan carter has ceased trading

 

don,t know why

[setmefree]

Hi SYMEON no cca no debt and after 30 days it ilso becomes a criminal act,i agree with robdblynd PM Laiste she will advise you more.

[symeon]

Hi Robdblynd,

 

The claim form from the court is dated 28 MAR 2007 and is signed Bryan Carter. After requesting the CCA from BC I received a letter back dated 11 May 2007 saying:

 

 

We refer to your recent letter or telephone conversation with this office.

 

Please find enclosed account documents, provided by our client, as requested.

 

We hope that this clarifies matters and look forward to hearing from you with your proposals for the discharge of this account.

 

Yours sincerely,

 

BRYAN CARTER & CO.

[Curlyben]

Now that sounds like an executed CCA...... NOT !!!

 

Time to relax and take the fight to our dear friend Bryan.

[livelylad]

Thread moved to Debt forum.

[Robdblynd]

If the letters are on Bryan Carter letterheads then send copies to SRA with covering letter.

 

If the claim form says address for payment as Bryan Carter Solicitors at his office in De Havilland Drive, Weybridge then speak to someone like the court manager and get their advice. He shouldn't be asking for payment etc, nor signing County Court Summons if he's not trading.

 

That raises the issue of Fraud surely or is it false representation. Either way it's not good for him.

 

I'd also write to the original creditor and advice them that he ceased trading in that name in Feb and call into question the legality of them using a solicitor who is attempting to get money using a firm that's no longer operating.

[meg&mog]

hi rob

 

In my sisters case the court claim form is signed by him as "claimants solicitor" the address to send payment is his and she has 2 letters from them both in march she was taken to court in march

 

But the biggest kick in the teeth is that i cca,d them not knowing about the ccj(my sister works full time and she tends to throw letters in a draw) i got a letter back sayin....

 

"further to your recent correspondence regarding the above account

 

following your recent request for a copy of the opening agreement we can confirm your account is now closed and no fuerther mail will be sent by wescot

 

gutted seems she may be stuck with this ccj

[meg&mog]

hi all

 

i just rang the court......

 

they told me to ring bryan clark and co...........

 

i really can,t see them saying

 

oh yes sorry we are not trading no more we just thought we,d try our luck oh hum its a fair cop

 

tut phew...........

 

anyone?

[calvi36]

Fraud act 2006, Full act here Fraud Act 2006

 

 

 

Fraud by false representation

(1) A person is in breach of this section if he-

(a) dishonestly makes a false representation, and

(b) intends, by making the representation-

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

[calvi36]

Participating in fraudulent business carried on by sole trader etc.

(1) A person is guilty of an offence if he is knowingly a party to the carrying on of a business to which this section applies.

(2) This section applies to a business which is carried on-

(a) by a person who is outside the reach of section 458 of the Companies Act 1985 (c. 6) or Article 451 of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032) (N.I. 6)) (offence of fraudulent trading), and

(b) with intent to defraud creditors of any person or for any other fraudulent purpose.

(3) The following are within the reach of section 458 of the 1985 Act-

(a) a company (within the meaning of that Act);

(b) a person to whom that section applies (with or without adaptations or modifications) as if the person were a company;

© a person exempted from the application of that section.

(4) The following are within the reach of Article 451 of the 1986 Order-

(a) a company (within the meaning of that Order);

(b) a person to whom that Article applies (with or without adaptations or modifications) as if the person were a company;

© a person exempted from the application of that Article.

(5) "Fraudulent purpose" has the same meaning as in section 458 of the 1985 Act or Article 451 of the 1986 Order.

(6) A person guilty of an offence under this section is liable-

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

(7) Subsection (6)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

[symeon]

If the letters are on Bryan Carter letterheads then send copies to SRA with covering letter.

 

If the claim form says address for payment as Bryan Carter Solicitors at his office in De Havilland Drive, Weybridge then speak to someone like the court manager and get their advice. He shouldn't be asking for payment etc, nor signing County Court Summons if he's not trading.

 

 

Hi again Robdblynd, sorry new to this . Who is SRA? The letters are on BC letterheads and the claim form says exactly what you wrote so it looks like I'll have to get some advice. Thanx

[Robdblynd]

Sorry Symeon, the SRA is

 

Solicitors Regulation Authority,

Victoria Court,

8 Dormer Place,

Leamington Spa,

Warwickshire.

CV32 5AE.

 

They're looking into the activity of Mr Carter and have received several lots of info from CAGgers about this chap.

 

Why not ring a solicitor, they often give free advice over the phone if it takes no more than a few minutes. Just outline what you have about him and that the forms etc are signed by him (with the dates) and you'll get the info you need to take you forward.

 

Good luck and keep us posted.

[meg&mog]

hi all

 

sorry for temp thread hijack symeon

 

i wish you luck and i will watch your thread closely

[symeon]

Thanx for you help Robdblynd. Hopefully I'll get it sorted somehow.