• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Bryan Carter Debt - Agreed to pay large debt but now unsure what to do

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Bryan Carter Debt - Agreed to pay large debt but now unsure what to do

    Hi, I'm posting on behalf of my boyfriend who received a letter from Bryan Carter about 2 weeks ago requesting £1071 + legal costs for a debt and if it was not paid immediately that he would be issued a court date for Northampton court.

    The debt which was originally £315 in 2007 with Vodafone, which was not paid due to a disagreement with a contract and my bf chose to ignore it being young at the time and thinking it would disappear. The debt got passed on to another debt agency which raised to £700 for a year or so and then got passed on to Bryan Carter presumably 2 weeks ago and now the cost has suddenly shot up to £1071.

    My boyfriend immediately rang Bryan Carter to discuss it and the guy on the phone said the minimum he could LEGALLY allow my bf to pay would be £250.00pm, then when my bf explained he doesn't have a job currently, the guy said he could pay £178 a month?! ANYWAY - My boyfriend agreed to pay £178 per month. He received a letter confirming he would pay.

    This is when I became suspicious after reading parts of the letter saying - "Where proceedings have been issued and judgement has not yet been entered, then we will not enter the judgement provided that you pay the sum of £1071.86 (which includes court fees and costs)" ... Why does it include court fees if my bf hasn't been taken to court yet?

    AND - "Payments made may be applied first to offset costs incurred and your balance at Lowell Financial Limited may not therefore reduce exactly in accordance with payments made" - Does this then mean even if he can pay £178pm, the balance may not even begin to reduce if there are some hidden 'offset cost'?

    I would just like to know what the next step should be to ensure this is legit, that the costs are true and that he can resolve the matter as quick as possible. I apologise for our ignorance on this matter but neither of us have ever dealt with a debt before. I just want to make sure my bf's not being robbed blind even further after seeing quite a lot of posts regarding Bryan Carter and none of them sound very positive.

    I thank you in advance for any advise or help!

  • #2
    Re: Bryan Carter Debt - Agreed to pay large debt but now unsure what to do

    Originally posted by modernexploring View Post
    The debt which was originally £315 in 2007 with Vodafone, which was not paid due to a disagreement with a contract and my bf chose to ignore it being young at the time and thinking it would disappear. The debt got passed on to another debt agency which raised to £700 for a year or so and then got passed on to Bryan Carter presumably 2 weeks ago and now the cost has suddenly shot up to £1071.
    When in 2007 did the dispute arise?

    When did your boyfriend last make any payment towards that debt?

    Comment


    • #3
      Re: Bryan Carter Debt - Agreed to pay large debt but now unsure what to do

      He's never made any payment towards the debt but understands it's now time to pay it rather than hoping it would solve itself!

      My bf can't remember exactly what month the dispute began - when he asked Bryan Carter about the details of the original debt they said they don't have records of the original debt, only what he currently owes.

      Comment


      • #4
        Re: Bryan Carter Debt - Agreed to pay large debt but now unsure what to do

        Originally posted by modernexploring View Post
        He's never made any payment towards the debt but understands it's now time to pay it rather than hoping it would solve itself!
        If he has neither acknowledged it in writing nor made any payment since 2007, he may tell Bwyan Carter to get stuffed.

        The alleged debt will have become time barred by section 5 (link) of the Limitation Act 1980 in December 2013, if not some months previously.

        That is an absolute defence should Bwyan Carter be daft enough to take your boyfriend to court.

        The telephone threat monkeys at Carter's may claim that he has subsequently acknowledged the debt or agreed to pay, but that would be utter nonsense; once a cause of action (a debt) has been barred by section 5, no subsequent acknowledgement or payment can revive it. (link)

        My bf can't remember exactly what month the dispute began - when he asked Bryan Carter about the details of the original debt they said they don't have records of the original debt, only what he currently owes.
        That's usually the case and, furthermore, they simply don't care.

        One thing is self-evident, though - your boyfriend rents his home and owns no property.

        Comment


        • #5
          Re: Bryan Carter Debt - Agreed to pay large debt but now unsure what to do

          Originally posted by CleverClogs View Post

          One thing is self-evident, though - your boyfriend rents his home and owns no property.
          He does have a mortgage on his property and has done since 2008 - would that make any difference at all to section 5?

          I will have a good look into it - thank you so much!

          Comment


          • #6
            Re: Bryan Carter Debt - Agreed to pay large debt but now unsure what to do

            Originally posted by modernexploring View Post
            He does have a mortgage on his property and has done since 2008 - would that make any difference at all to section 5?
            No, not at all.

            I'd just wondered why the turds at Bowells had not served him with a Statutory Demand and threatened to make him bankrupt. I'd deduced (incorrectly) that he owned no property, whilst the truth may have just been that they knew the debt was time barred (and hence easy to get the SD set aside) so they'd try to threaten to sue instead.

            I believe that even vampires and ghouls have more honour.

            Comment


            • #7
              Re: Bryan Carter Debt - Agreed to pay large debt but now unsure what to do

              Hi modernexploring,

              Thanks for making me aware of this.

              If your boyfriend would like me to get things looked further, could you ask him to email me with his details via the Contact us form here and quote the code WRT135- FAO Lee in the subject line?

              Once sent he'll receive an automated reply with a reference number. To make sure it reaches me could you update the thread with this and I'll get back to him as soon as I can?

              Kind regards,

              Lee

              Web Relations

              Vodafone UK
              I am an official company representative of Vodafone UK.

              LegalBeagles has given permission for me to post in response to queries about the company, so that I can help resolve issues.

              This does NOT imply any form of approval of my company or its products by LegalBEAGLES.

              Comment


              • #8
                Re: Bryan Carter Debt - Agreed to pay large debt but now unsure what to do

                ''"Where proceedings have been issued and judgement has not yet been entered, then we will not enter the judgement provided that you pay the sum of £1071.86 (which includes court fees and costs)"

                If BC haven't taken your BF to court then no they cannot ask for the court fees and costs. Have you had any other documents from BC or from the court at all?

                It be good to see the rest of the letter to put this sentence in context, any chance you can scan it / photograph it and post up ? ( see http://www.legalbeagles.info/forums/...r-details-safe!) )
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment

                View our Terms and Conditions

                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                Announcement

                Collapse

                Support LegalBeagles


                Donate with PayPal button

                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                See more
                See less

                Court Claim ?

                Guides and Letters
                Loading...



                Search and Compare fixed fee legal services and find a solicitor near you.

                Find a Law Firm


                Working...
                X