carter got unknown CCJ o2 debt - now saying warrant/bailiffs on the way

[draven756]

Hope someone can help,

 

i have had an ongoing debt with 02 for a couple of years,

 

the original debt started out £51 but i refused to pay it as i believed that it was a fault on there part,

 

over time the debt got passed to bryan carter, and

 

at some point without me know he managed to get a ccj against me with northampton court,

(i have checked this on experian).

 

This morning i have had a letter from bryan carter telling me that there is a warrant of execution

and that bailiffs will be visiting my house,

 

the judgement balance is now at£378.

 

i was wondering what i should do about this should i pay it off?

 

can i haggle with bryan carter to half the debt?

 

Any help would be appreciated.

 

Thankyou

[Ell-enn]

How did Carter get a CCJ without you knowing - had you moved address recently?

[draven756]

no but we did have major problems with the mail for a while, so i assume the court papers didnt reach me, or got misplaced, but i suppose i cant do anything about that bit now.

[BRIGADIER2JCS]

Have you had any communication from the court at all, the enforcement of such a warrant would normal be done via your local county court (transferred for execution) you should be notified.

 

 

Carter is known for 'making things up'.

 

 

The claim was undefended so Carter saw the opportunity to get judgement by default.

 

 

Has Carter quoted the claim number? Personally I would phone the local county court clerks office (usually open 100ohrs to 1400hr )some may vary and find out if such a warrant has been granted.

[2ltr16valve]

You can you can apply for a set aside on the basis you did not know about the case. You are time limited on how long you have I do this.

[BRIGADIER2JCS]

Carter has pulled this stunt before even quoting non existing warrant numbers.

[draven756]

i was going to ring the court on monday morning, i dont the he has a warrant yet even though he makes it sound like he has, the wording is "your account has now been referred for issue of warrant". will it be my local court issuing the warrant then? not northampton?

 

Also how would i go about set aside.

 

And also is it possible to make carter a cash offer?

[ploddertom]

If he does get a Warrant then it adds another £100 to the bill.

[SWLABR9]

Don't even consider making him an offer till you establish whether he's lying or not. You can't do that till Monday now so don't worry about it till then.

[draven756]

Thankyou for all the help so far, do i ring my local court or northampton court?

[BRIGADIER2JCS]

Local Court office usually open 1000hrs -1400bhrs.

[fkofilee]

Something of use?

 

https://www.bryancartersolicitors.co.uk/setup.aspx

 

MAybe you could get a breakdown of costs thorugh the site...

As for the telephone number. just make one up IE 07000000000

[draven756]

So i have rang the local court this morning, they informed me that there is a warrant issued and i will receive the paperwork in the next day or 2, so is that it i have to pay it all or is there anything left to fight?

[fkofilee]

Arh Christ... Did they say what the warrant would say?

Might it be worth trying the same get it set aside or fighting against it if you didn't receive the original paperwork?

[draven756]

All they told me is that they received the paperwork yesterday, and i would receive it shortly. so how long do i have to pay? and can i now contact brian carter to ask him take back the warrant? and do the bailiffs accept monthly payment?

[ploddertom]

It is the County Court Bailiff who is a more reasonable person than the sort we usually deal with on here. The threats of removing goods are real though, but you do not have to let him in your home. He can still seize and remove goods outside - most notably a car/van/bike.

 

Whether you can apply for Set Aside I don't know as that may depend on if you do actually owe this debt or not. There is one thing that you can do and that is to apply to Suspend the Warrant. The form you use actually has a dual purpose and that is to apply for a Variation Order at the same time, you do have to supply I&E for this and it should back up whatever offer you make - if that is what you choose to do. The form you need is N245 available from HMCTS website, cost of application is £40-£45, if on certain Benefits or low wage you may qualify to have the fees waived Forms EX160a & 160c for details.

 

As it has gone this far I would suspect Mr Carter will not play ball.

[tomtubby]

Excellent advice from Ploddertom. There is nothing further that can be added.

[draven756]

i have contacted brian carter, they reckon that the bailiff will want £172 to be paid then it will go back to £50 a month, looks like im going to have to pay this at least, but can i still apply for set a side?

[ploddertom]

When was the CCJ awarded?

 

What would your defence be?

[draven756]

lol i dont know thats why im asking, we never received court papers to defend, but they say they were sent so no argument there i suppose

[Andyorch]

"i have had an ongoing debt with 02 for a couple of years, the original debt started out £51 but i refused to pay it as i believed that it was a fault on there part, "

 

If you could expand on the above then you may have a defence to facilitate a set a side.

 

Regards

 

Andy

[draven756]

Ok the debt spans back to 2007, i had a contract with O2, they kept getting the payment date wrong for direct debit which resulted in me being cut off every month as there was no money in my account, everytime this happened i rang up to pay the bill, i got an apology and was told the direct debit would be moved to the correct date the following month, after this happened 4 or 5 times i spoke to a manager and they agreed that they had broke there terms of service and were happy to terminate the contract and i had to pay for the month that was owing which was £28 which i did. the following month i received a letter to say that the final bill of £28 had not been paid, after contacting O2 they told me that it had been paid and to ignore the letter. this was the last i heard of the matter until 2010 when lowell finance contacted me telling me that i owed £51, i ignored them. it was then a year or 2 later that they contacted saying that with charges i now owed £172, which once again i ignored, and then i have received a letter from brian carter stating that i owe £378. after speaking to brian carter tonight they have informed me that they are solicitors working on behalf of lowell finance and fredrick finance for the matter of £172 and were appointet in aug 2013, with there charges on top the debt equals £306 and then they applied for a ccj through northampton court in sept 2013, which was granted and meant me paying £50 a week seeing as no payments have been made they have issued a warrant which has added another £72 to the debt, brian carter say they hold no cca for the debt as they are working on behalf of lowell

[Andyorch]

Okay so at worst you owe £28...I know I certainly wouldn't be held to ransom for a debt of £378 that I didn't incur.

 

N245 to stay the warrant...N244 to set a side the judgment.

 

PS CCA are not applicable to Mobile Accounts...its a service contract agreement.

 

Regards

 

Andy

[draven756]

so do i apply for the n245 before i receive the warrant papers?

[ploddertom]

No - you need to have that sent first - usually a letter from the Bailiff. There is nothing to stop you filling the form in ready to send though - it is relatively easy to do.