Bryan carter -seeking to enforce Judgement Advice please.

[irene46]

hi. i have been getting threatening letters of brain carter.

re: phoenix recoveries (uk) ltd s.a.r.l

claims number: *******

outstanding arrears of £50.

saying i have failed to pay the judgement obtained agains me and now they intend to issue a warrant of execution.

they say they are sending a baliff out that will be instructed by birmingham county court.??

 

what should i do?

 

thank you.

Edited March 11, 2011 by MARTIN3030
see below

[DonkeyB]

irene, i shall ask a mod to start a thread for you.

[irene46]

dear donkeyB.

ok thank you. will i recieve an email when it is done? as i will not no where to look? thank you for your fast response.

irene

[MARTIN3030]

Irene welcome to the site.

Can you please give some background to this.

 

1.Are you aware of the case-did you rec any papers for a hearing ?

 

2.What date are they saying Jugement was entered ?

 

3.Do you know what this is about and do you admit to the figures or have you previously disputed it.

 

4.If you were prev disputing it can you give any info about who you were dealing with etc.

 

I will move this into your own thread andv also remove the case No to prevent identifiers.

 

DB-thanks for alert.

[DonkeyB]

Be aware that Carter has a habit of serving court papers at old addresses, then amazingly finding you at the real address when he gets a default judgment.

[irene46]

hi martin. i did receive something from northampton courts. but i di not know what it was for. i sent them an email stating that i did not know what it was for and could they forward me all necessary documents for the debt i am supposed to owe. they sent an email back asking a few personal things. i sent an email back saying that i was not going to tell them nothing until they had forwarded the documents for the debt. so they just kept on sending threatening letters out. in the end i just stopped reading them as they did not comply to what i had asked for.

i am not sure whether it is for a catalogue that i used to have. and i am sure the county court judgement was for last year. precise date i can not remember.

thank you.

[MARTIN3030]

I saw your first post from 6th.September 2010.

I will paste it here for reference.

 

 

Re: Have You Had Dealings With Bryan Carter & Co

 

hi there. i have read all postings on here. i two have been getting text messages from brian carter asking them to ring him. but i dont no why? i have not responded to them at all and its been going on for months and months. some time last year i had a card put through my door by hand saying the baliffs was coming out to my address. but the name on the card was not my name or any one in my house hold. i rang the number and told them they must have the wrong address as nobody by that name was at my address. he said ok.. i shouldnt be telling you this but can you write a letter saying who i was and it was me that lived at the address???

i thought strange... but i didnt write a letter to him. i just forgot about it. since then he has been texin my phone for months on end! i just ignore them.

so what do you think i should do? carry on ignoring them or respond?

[MARTIN3030]

Bailiffs cannot visit without a warrant.

[irene46]

yes martin i do remember writing that. and when i read through this site about writing to them thats what i did. i sent an email. so i am not sure what to do.

thak you.

[MARTIN3030]

Yes Carter is known to file in NBCC and in many cases gets judgement by default-looks like thats happened here.

Have you kept all the letters ?

And do you have the original claim form with Court stamp / seal on ?

[irene46]

i apologise for writing the claims number. thak you for removing it.

[irene46]

Yes Carter is known to file in NBCC and in many cases gets judgement by default-looks like thats happened here.

Have you kept all the letters ?

And do you have the original claim form with Court stamp / seal on ?

no i have not martin. like i said earlier because they did not comply to what i had asked for. i just kept putting the letters in the bin. (dont think i should have done that)

could you advise me what is an NBCC? and what should i do?

thank you.

[MARTIN3030]

If a warrant is issued then you will need to apply to have it set aside.

As regards challenging the judgement itself,much depends on having good grounds,and also how long ago it was.

 

We really need something to challenge on.

 

Are you on any benefits that would entitle you to fee remissions ?

[MARTIN3030]

NBCC is Northampton bulk claims centre.Carter uses this rather than issuing claims at local Courts.

[MARTIN3030]

Anyone want to offer futher advice ?

[irene46]

ok thank you martin.

should i get in touch with them?

[irene46]

If a warrant is issued then you will need to apply to have it set aside.

As regards challenging the judgement itself,much depends on having good grounds,and also how long ago it was.

 

We really need something to challenge on.

 

Are you on any benefits that would entitle you to fee remissions ?

hi martin. yes i am on benefits a copule of years ago i had cancer and not really fully recovered. so yes i am on benefits.

thank you

[MARTIN3030]

If you do get in touch with them,it should be done in writing keeping a copy and sent recorded delivery.

We could do with seeing a copy of the particulars of claim,the date it was issued,and a copy of the judgement order,showing the date this was issued.

You would need to have good reason to seek a set aside of any warrant,the application itself is a simple process.

You will also be able to use form ex160 for fee remission to apply.

If its been transferred to your local Court you need to inform the bailiff office there that you intend to apply to have any warrant set aside.

Whether or not you will be looking to contest the judgement itself is not clear.....if you are just wanting to apply to have further time to pay,because you cant afford it,then that in itself is good reasons to have the warrant set aside.

You would need to provide some evidence of your income with the application.

You can advise Carter that you are applying to have the warrant set aside.

He could oppose any variation order being made,but in your circumstances and in view of the amount involved,the Court is likely to allow it.

Can you just confirm the total being demanded is only £50 ?

This seems a very odd amount since Carter always asks for costs.

[gh2008]

I'll be back later this evening and post some info for you.

 

Have a search around the site as there have been many of these before.

 

gh

[Ell-enn]

If Carter applies for a warrant to enforce the judgement you will get a letter from the court telling you this. At that point you can fill in an N245 form asking for the warrant to be suspended. We can help you with that if you let us know when you get the notification from the court.

[gh2008]

hi. i have been getting threatening letters of brain carter.

re: phoenix recoveries (uk) ltd s.a.r.l

claims number: *******

outstanding arrears of £50.

saying i have failed to pay the judgement obtained agains me and now they intend to issue a warrant of execution.

they say they are sending a baliff out that will be instructed by birmingham county court.??

 

what should i do?

 

thank you.

 

Ok, on Monday, ring both Birmingham County Court and the Northampton Bulk Centre and, quoting the claim number tell them about the letter (they won't be interested though) BUT you need to ask them what state the claim is in.

 

They will hopefully tell you, you could also ask for copies of the paperwork which they may or may not send.

 

If it is already at Birmingham you would be well advised to make an N245 application for a 'stay of execution pending an application to have the judgement set aside'

 

However my guess is that it will be still 'sitting' at Northampton as a Default Judgment against you.

 

Once you have that info we can work on the 'next step' with dear Mr Carter

 

Most importantly, don't worry because the Judgment is for the amount it is (if there is actually one) the ways it can be enforced are more limited than if it had been larger.

 

BUT, just because it is for a small amount, don't ignore it.

 

Keep smiling

[irene46]

If Carter applies for a warrant to enforce the judgement you will get a letter from the court telling you this. At that point you can fill in an N245 form asking for the warrant to be suspended. We can help you with that if you let us know when you get the notification from the court.

thank you. i will keep you informed as and when i get the letters. i have been in denial. now i need to face up to it. any advise would be very much appreciated

thank you again.

[irene46]

i will keep you all informed. any more advise will be most appreciated. sorry for the long reply as i do not have internet access all the time.

many thanks

irene

[irene46]

hi. i telephoned birmingham county court this morning and they say there has been no warrant issued? i am currently trying to telephone northampton.

thank you.

[gh2008]

Good, Northampton will hopefully tell you whether it is still with them or whether they have transferred it out.

 

Try and get them to send you copies of the paperwork. You want, as a minimum, a copy of the N1 and the Order