Bryan Carter...Help please!!!

[Shelbs!]

Hi all,

 

I received a letter today from Bryan Carter Solicitors completely out of the blue. I have not had any previous letters from them, also letter is in my maiden name...I have been married for 4 years.

 

Letter is as follows;

 

WARRANT NUMBER XXXXXXXX

 

Re; xxxxxxxxxx

Account No; xxxxxxxxxxxx

Claim No; xxxxxxxx

Judgement balance Outstanding; xxxxxxxxxxx

 

We refer to our previous letter & your unpaid judgement debt.

 

Your account has been referred for issue of a warrant of execution under Warrant No xxxxxxxxx

 

The bailiff will now attend at your property which may rewsult in the seizure of your posessions ( such as tv, video, blah blah blah etc)

 

Payments can be accepted by switch, blah blah blah

 

You must call us immediately on xxxxxwith your payment if you wish to settle the matter without the bailiff having to call at your home.

 

Yours faithfully

 

Not Reallysols.

 

Please note that you may still make a payment on your account online at Fredpay.com.

 

 

This letter does not even have the name of the court where Judgement was supposedly obtained.

 

I did live at another address for 5 months from Nov 06 until Mar 07 when my OH had a trial separation, but all my mail was still sent to the marital home.

 

Does anyone think this is real or is just a DCA being unethical (God Forbid)

[postggj]

it seems carter is up to his old tricks again

 

have a nose at this thread

 

you will get plenty of replies on this subject

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/203075-brian-carter-co-solicitors.html

[Shelbs!]

Thanks very much for your reply.

 

I thought about sealing this back up & sending it back...No longer at this address!

 

If no judgement has been entered, it is statute barred from may next year.

[postggj]

you can check the reg trust online

 

i think it costs about eight quid

 

you need to confirm either by the reg trust or through carter a ccj has been awarded

 

seems unlikly but need to be sure

 

CCJs, court orders & fines - Search yourself and others - Trust Online

[diamondgirl]

Have you checked with the Credit Reference Agencies to see whats been happening with your credit rating? Think Experian has a free months trial.

 

DG:)

[postggj]

good point dg

 

see if any ccj or default is showing for free

[Shelbs!]

Hi,

 

There is a judgement secured on my temporary address but secured this year.

Amazing that they manage to find my permanent address when they want to though.

 

What do you think I should do now?

 

Thanks for your help with this.

 

No CCJ showing on my current address

Edited June 6, 2009 by Shelbs!
New info

[postggj]

this judgement is a ccj

 

please confirm

 

we need to get it set asside

 

it will cost you 75 quid

[Shelbs!]

Hi,

 

Yes it is a CCJ on the address I lived at for 5 months from Nov06 to Mar07.

I checked on the reg trust online to make sure.

They got judgemnt a couple of months ago.

[diamondgirl]

this judgement is a ccj

 

please confirm

 

we need to get it set asside

 

it will cost you 75 quid

 

We must have been having the same thoughts.

 

DG

[postggj]

ok need some more info

 

did you ever receive the n1 claim form

i take it you were not at the address when it arrived, typical carter this

 

can you tell me a bit about the alledged debt

 

did you or have you an agreement

did you get a default notice

 

has a dca been chasing you

[Shelbs!]

Firstly never received the claim form as had not been at the address for 2 years.

 

I think the debt is for a credit card with Abbey which I defaulted on early 2004 when our business nearly went into liquidation due to a creditor not paying us over £30k when they went bust.

 

Have had no default notice & no DCA's chasing.

 

I think but am not completely sure that I had an arrangement to pay an amount each month up to & including when I lived at the temp address. I defaulted on this when my OH & I got back together again when he suffered a major heart attack needing surgery in May07 & I moved back home.

[postggj]

fredricksons is carters normal pet monkey

 

ok lets make carters day

 

send him this document and tell him the account is now in dispute as you are applying to have the ccj set asside

 

 

 

 

date ****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.

Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

[postggj]

like i said

 

go ahead

make my day

 

send to carter recorded delievery

 

most important

[Shelbs!]

Thanks very much for that, I will post first thing Monday. How do I go about having the CCJ set aside & do I apply for that now or when I have had a response from Carters.

[postggj]

once carter gets that, if he tries to push through the court, we can then deal with it

thats why recorded delievery

 

from what you have said there should be no problem getting the ccj set asside for non compliance on carters side.

it is up to a judge at the end of the day though

 

go into your local county court and ask for a few n244 forms

 

get back to your thread when you have them

[Shelbs!]

Will do & thanks again for your help....really appreciated.

[Shelbs!]

Hi again,

 

Have just got home from working away for the past week in London to find dated the 17.06.09 a Notice of issue of execution giving me until the 25.06.09 to pay £small amount on this warrant followed by Balance outstanding of £large amount or the bailiff will come.

 

I posted the CPR letter last week by registered post to no avail obviously.

 

What should I do next. I have N244 forms that I have downloaded as previously suggested.

 

Help PPppllleeaase

[NailPost]

Report Carters to the court first, the solicitors regulators second and the media third.

[Shelbs!]

Hiya,

 

I ahve spoke to the bailiff this morning who will not take any further action as long as the set aside is applied for by the 25th of the month.

 

I also spoke to the solicitors regulators who have advised me to put the complaint in writing to them which I will do later today.

 

I have the N244 forms, but I am really not sure how to fill them in so any help would be greatly appreciated.

[kalijack]

Hi all,

 

I received a letter today from Bryan Carter Solicitors completely out of the blue. I have not had any previous letters from them, also letter is in my maiden name...I have been married for 4 years.

 

Letter is as follows;

 

WARRANT NUMBER XXXXXXXX

 

Re; xxxxxxxxxx

Account No; xxxxxxxxxxxx

Claim No; xxxxxxxx

Judgement balance Outstanding; xxxxxxxxxxx

 

We refer to our previous letter & your unpaid judgement debt.

 

Your account has been referred for issue of a warrant of execution under Warrant No xxxxxxxxx

 

The bailiff will now attend at your property which may rewsult in the seizure of your posessions ( such as tv, video, blah blah blah etc)

 

Payments can be accepted by switch, blah blah blah

 

You must call us immediately on xxxxxwith your payment if you wish to settle the matter without the bailiff having to call at your home.

 

Yours faithfully

 

Not Reallysols.

 

Please note that you may still make a payment on your account online at Fredpay.com.

 

 

This letter does not even have the name of the court where Judgement was supposedly obtained.

 

I did live at another address for 5 months from Nov 06 until Mar 07 when my OH had a trial separation, but all my mail was still sent to the marital home.

 

Does anyone think this is real or is just a DCA being unethical (God Forbid)

 

That is exactly the same letter I received. I checked my records on trustonline, both in my married and maiden name, and found no judgements. Is there a way of taking this company to the cleaners for unethical practices? I did phone Trading Standards and let them know, and they made a note of this.

 

BTW, I did send them the CCA letter a couple of weeks ago, and have had no reply. Not sure of what to do next.

Edited July 24, 2009 by kalijack