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

[Vampyra]

...........is gonna go!

 

The Court ruled in my absence 2 years ago that I should, on benefits, pay £50 per month or £250 within a set time. If the whole lot was paid by 17th September 2005 I would not get a CCJ. Bryan Carter and the Court never advised me I had a CCJ. Bryan Carter never told the Court the £250 was paid. According to their records my OH paid the £250 on 21st September 2005. To have avoided a CCJ it had to be paid in full by 17th September 2005.

 

 

We now have proof he paid it via electronic transfer direct to Bryan Carter on 15th September 2005.

 

Ooh yes, ooh yes!

 

Got all the Court forms and I think I'm going to report Bryan Carter to TS

[diskmandave]

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

[NitrousOxide]

...........is gonna go!

 

The Court ruled in my absence 2 years ago that I should, on benefits, pay £50 per month or £250 within a set time. If the whole lot was paid by 17th September 2005 I would not get a CCJ. Bryan Carter and the Court never advised me I had a CCJ. Bryan Carter never told the Court the £250 was paid. According to their records my OH paid the £250 on 21st September 2005. To have avoided a CCJ it had to be paid in full by 17th September 2005.

 

 

We now have proof he paid it via electronic transfer direct to Bryan Carter on 15th September 2005.

 

Ooh yes, ooh yes!

 

Got all the Court forms and I think I'm going to report Bryan Carter to TS

I had a CCj from these lot. Was it only part of the amount they claimed?

[setmefree]

Ah the lovely Brian Carter

I have an old debt with a retail group, on the 8th jan i received a letter from cyclone asset management limited the usual threatening rubbish, then on the 15th of jan i received another letter from Fredrickson International Limited and finally on the 19th of jan i received another letter from you guessed it Brian Carter & co all regarding the same debt.

 

after doing a bit of research and guess what they are all the same company.

can they legally do this??.

[dannyboy660]

Ah the lovely Brian Carter

I have an old debt with a retail group, on the 8th jan i received a letter from cyclone asset management limited the usual threatening rubbish, then on the 15th of jan i received another letter from Fredrickson International Limited and finally on the 19th of jan i received another letter from you guessed it Brian Carter & co all regarding the same debt.

 

after doing a bit of research and guess what they are all the same company.

can they legally do this??.

 

It depends.

 

If you read the small print on the letters and they indicate they are from the same company or group of companies it may not be illegal. ...ie Hamptons letters say they are actually Lowell, BLS letters say they are actually LLoyds TSB...but if they pretend to be different companies that's where you get to blow them away in court over the 'who owns the debt' issue. It's also why it's necessary to make a clear distinction between collectors and purchasers.

 

If they've not made it clear to you they are the same company you really should complain. Fraud is only fraud when it's brought to the attention of the people that matter, or else they'll just carry on doing it and get away with it time and time again.

 

Eg....If someone breaks into your house it's illegal, but if they think they can get away with it they'll do it. If they get caught they're stopped from doing it (hopefully), but if the Police don't know, nothing will ever get done about it.

 

People seem quite reluctant to complain especially where a debt is involved, and DCA's/purchasers rely on this reluctance to keep trying on their tricks, and aggressive techniques. Complain, complain and complain again. The more the merrier!!!

 

(Yes, I am drumming up business for OFT )

[Vampyra]

I had a CCj from these lot. Was it only part of the amount they claimed?

 

I had a credit card with a limit of £200 there were charges of at least £440 on it so final balance of £640 but I was only to pay £200 plus court costs of £50. So at least they didn't attempt to diddle me for charges.

 

Anyhow, from tomorrow I am going to start the process of removing the CCJ and I am definately going to report them to TS and possible OFT too. I'll let everyone know how it goes so if anyone else has a similar problem they will know how to go about it.

[diskmandave]

Report to OFT & they'll pass to TS, cut out the middleman and go straight to TS...

 

Good luck, Dave.

[Vampyra]

Report to OFT & they'll pass to TS, cut out the middleman and go straight to TS...

 

Good luck, Dave.

 

Thanks Dave I'll do that

[dannyboy660]

Report to OFT & they'll pass to TS, cut out the middleman and go straight to TS...

 

Good luck, Dave.

 

Remember the rules changed a little this month.

 

Report to TS and they'll pass it to the office local to the company you are complaining about, informing the Liason Officer of the company concerned, and the 'Liason Officer' (or whatever they like to call them) is quite likely to be an employee of the DCA you are complaining about, believe it or not!!! Gives them an opportunity to rectify their "mistake".

 

Report it to both. If OFT have to make more than 3 investigations into cases involving the same DCA they can charge them 400 quid a time, guilty or not. If they get peed off enough they will also issue formal warnings concerning the reissue of their license. They will pass it to TS - but it's noted. Don't cut corners Dave....kick some backsides!!!

[dannyboy660]

The Office of Fair Trading: OFT announces findings of review into debt collection compliance

 

This was before the change but still quite recent. See how things are working so well

 

Not enough complaints so all in the garden is rosy!!!

[Vampyra]

Thanks Danny

 

I just found this on a thread from March - would this be a good place to report Bryan Carter to as well? I don't mind writing several letters about this to different places.

 

Your Rights: Supervision of Solicitors

[NitrousOxide]

Hi,

BC&Co usually always only claim £200 plus £50.

This is BC&Co recouping their own fees.

[Vampyra]

Hi,

BC&Co usually always only claim £200 plus £50.

This is BC&Co recouping their own fees.

 

OK sounds fair I suppose and seeing as I didn't get charges added, it was payable, but they have done themselves no favours failing to sort this CCJ out.

 

Saying that though, I reckon the debt was still owed by Cap 1 because they had me in court for a CCJ within the year of defaulting. That sounds like a Cap 1 tactic to me. I may be wrong.

[dannyboy660]

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!!!!

 

AHA, just noticed a post by NitrousOxide. Hi there. I've noticed you've had dealings with this mob on other threads.......did they leave the claim open??? What happens to the xxxx amount they don't claim??

 

Time for my bed. I'm knackered. Catch up again soon.

[Vampyra]

Yeah I see where you are coming from because the CCJ shows on my credit file as unresolved and the Cap 1 footprint of that CC is on the credit file and shows as £640 outstanding.

 

I think this is going to be an interesting removal of the CCJ and some serious SARing of Cap 1 and possibly Bryan Carter to resolve ownership, closure and removal of the CC footprint in it's current form.

 

Might be more complicated than it first seems.

[Vampyra]

Re-reading the papers from the court this morning, it is written in the claim that the Claiment, (Cap 1), claims £155 of the £640 owed and that this doesn't mean the rest of the debt won't have claims issued against it in the future.

 

I am going to find out how to do this properly but I guess an SAR to Cap 1 is now order of the day with a view to going to court to claim back the £440 unlawful charges and removing the footprint claiming I still owe the debt, from my credit file.

[pmhcfc]

Re-reading the papers from the court this morning, it is written in the claim that the Claiment, (Cap 1), claims £155 of the £640 owed and that this doesn't mean the rest of the debt won't have claims issued against it in the future.

 

I am going to find out how to do this properly but I guess an SAR to Cap 1 is now order of the day with a view to going to court to claim back the £440 unlawful charges and removing the footprint claiming I still owe the debt, from my credit file.

 

Vamp - havent read all your thread yet but dont bother with Trading Stardards re Bryan Carter....Write to the Supervisor of Solicitors about them-- I've just written a 18 page letter to SoS about Bryan Carter ;-)

 

Be great if they get more complaints about same group as it will help all our individual complaints...

[pmhcfc]

And by the way... AM going through EXACT same thing as you right now re Cap1 and removal of CCJ. I CCA'd cap1 and they have criminally defaulted on it--So I asked SoS how Bryan Carter could take me to court (as per their POC details) without the OA ?!!

[Vampyra]

And by the way... AM going through EXACT same thing as you right now re Cap1 and removal of CCJ. I CCA'd cap1 and they have criminally defaulted on it--So I asked SoS how Bryan Carter could take me to court (as per their POC details) without the OA ?!!

 

Ah! So an SAR is the best route.

 

Keep in touch with me about this, PM's if easier. I'd be interested in what is happening and any advice you can give along the way would be helpful.

[NitrousOxide]

Hi,

I unfortunately ended up paying mine

I've heard that if you defend they usually drop the claim.

[Vampyra]

I paid mine too Nitrous, and within the one month time limit for a CCJ NOT to appear on one's credit file. But it has been there for nearly 2yrs as unpaid - when in fact it should never have been given to me.

[deedee1310]

Hello Vampyra.

 

how have you got on. I too have a CCJ from these "people". My thread is here deedee1310 v Capital One. It willbe interesting to know how you have got on.

 

deedee

[deedee1310]

Vampyra - please update this thread

 

deedee.

[Vulture_Bank]

Vampyra - please update this thread

 

deedee.

ditto

 

and a link to their current details

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1270208.html

[Vampyra]

3 Years ago I got a swift CCJ from Cap1 via Bryan Carter & Co, as I was mis-informed by Citizen's Advice as to how to answer it. Long and short, my defence was never shown to the judge, and was awared a lovely CCJ if I didn't pay £250 within a month. It was paid but I later found out the CCJ was on my credit file and down as unresolved.

 

Other day, I recieved a letter from Cap1 in with a letter from Lowells telling me the rest of the £400 odd quid was being sought after and if not sorted asap CCJ papers were being got together.

 

Now, I would normally send a CA request - but as they have already given me a CCJ - how do I stand with all this please? Can I still use the CA request letter to halt everything, then SAR them? Or am I in a sticky position?

 

Thanking you in advance and hello again and sorry for my absence to all my fellow CAGers.