DISCONTINUED: CCJ due to bank charges

[mimps]

Re: help req'd - any advice please? CCJ due to bank charges

Excellent.

That's what I was hoping for.

OK, try not to worry about all of this, am pretty sure it can all be sorted satisfactorily.

Please can you try to scan in any documents that you have. I appreciate that you do not have a scanner at your home, but maybe a friend or neighbour would let you use their scanner to enable you to do this.

Once we have sight of documents we can assist further.

Rgds Budgie

Thanks for all the help and coaching here - everyone.

I'll try to get the documents done some time of over the next few days - just a couple of last questions before I try to get us a meal here - how long do we have to post the N244? Is there a time limit on that? And when we win does he get the court fee back?

[Budgie]

Re: help req'd - any advice please? CCJ due to bank charges

Thanks for all the help and coaching here - everyone.

I'll try to get the documents done some time of over the next few days - just a couple of last questions before I try to get us a meal here - how long do we have to post the N244? Is there a time limit on that? And when we win does he get the court fee back?

I don't think there is a definite time limit with regards to the N244 but in any case we should try and get the N244 application all sorted very quickly, within the next week or so.

and yes, we should also try and recover any court costs to which you are put as a result of this action. It shouldn't cost you very much to submit the N244 but if you are likley to find it difficult to find the money then you can apply for an exemption. Lets tackle that hurdle when we get to it.

[natweststaffmember]

Re: help req'd - any advice please? CCJ due to bank charges

mimps, apology for thread hijack, but had to say a warm welcome to Legal Beagles and good luck with this one.

[mimps]

Re: help req'd - any advice please? CCJ due to bank charges

I don't think there is a definite time limit with regards to the N244 but in any case we should try and get the N244 application all sorted very quickly, within the next week or so.

and yes, we should also try and recover any court costs to which you are put as a result of this action. It shouldn't cost you very much to submit the N244 but if you are likley to find it difficult to find the money then you can apply for an exemption. Lets tackle that hurdle when we get to it.

I've got another question, sorry.

What about the monthly installments he has been ordered by the court to pay? Does he pay this whilst replying by N244?

The 1st one (£50) is due to Bryan Carter by 17th November.

Thanks in advance if anyone can advise on this also.

[Budgie]

Re: help req'd - any advice please? CCJ due to bank charges

I've got another question, sorry.

What about the monthly installments he has been ordered by the court to pay? Does he pay this whilst replying by N244?

The 1st one (£50) is due to Bryan Carter by 17th November.

Thanks in advance if anyone can advise on this also.

We will ask the court this question in the N244 application ( witness statement ).

Any chance you can get things scanned and posted before today / tomorrow, that way we can try and get a draft N244 sorted over the weekend.

[mimps]

Re: help req'd - any advice please? CCJ due to bank charges

We will ask the court this question in the N244 application ( witness statement ).

Any chance you can get things scanned and posted before today / tomorrow, that way we can try and get a draft N244 sorted over the weekend.

got to find someone with a scanner 1st!

will try to perhaps photograph documents and post photos.....

quite difficult to find time during the day as I've got a 2yr old in tow and only a lap top computer.

so, you want to see copies of the paperwork received, is that right? will do my best.

[WendyB]

Re: help req'd - any advice please? CCJ due to bank charges

Looks like Bryan has been up to his usual tricks again, abuse of process is just the start! And beleive me, I speak from experience lol.

[Budgie]

Re: help req'd - any advice please? CCJ due to bank charges

Here's a few rough notes that might help focus your mind on the matter in hand.

Some information regarding the N244 ( application to set-aside )

You should fill in the N244 to include :-

• The claim number of the case and details of the creditor or "claimant".
• The reason for your request to set the judgment aside in PART A on the front of the form.
• In PART B you should tick the box saying you rely on the "Evidence in PART C ".-
• In PART C on the back of the form you need to include any evidence you have to support your case. Any information you have about your possible defence should also be included. In Part C I suggest you state "See attached witness statement"

We can help you produce the witness statement. I suggest that the Witness statement should include a timeline of all events leading to the judgement, IE a history of all the events surrounding the changing of the type of account, the failure of the bank to supply the debit card etc. The fact that your son never used the account etc. That no statements were received. That no correspondance was received from the bank / Bryan Carter prior to the court claim being issued. That you asked the Court for additional time to seek information concerning the debt etc.

I hope you get the idea here.

Basically, the witness statement should be a story of the events leading to the judgment. It should be as short, simple and easy to follow as possible. We will also draw the Judges attention to the fact that Bryan Carter do not appear to have followed any pre action protocols.

In the conclusion at the end of the witness statement we will ask the Judge to set aside the judgement. I suggest that we also ask for the claim to be dismissed and for the supposed debt to be written off as it is comprised totally of charges etc.

Don't worry too much about the conclusions bit a the moment, concentrate on getting the story timeline down on paper ( post up a draft here for us to assist with).

It might also be a good idea for you to send a SAR letter to the bank so as to obtain copies of all information that they hold about your son and this account. We can also request this information in the witness statement but the SAR is a good back up.

Hope this helps.

......... and yes it would be extremely helpful to see all the documentation you have on this matter. I want to make 100% sure we don't mniss anything important.

We will also ask in the witness statement for the court to stop any enforcement of the judgment until after the hearing to set the judgment aside.

[WendyB]

Re: help req'd - any advice please? CCJ due to bank charges

Just a suggestion, not sure if your son has online banking, but if he does, you would be able to get up to 7 years worth of statements online, which would give details of all charges, transactions etc.

[Amy]

Re: help req'd - any advice please? CCJ due to bank charges

Mimps, follow the guidelines Budgie has given above and have a go at writing the defence and the witness statement and then we can help you perfect it.

Bryan Carter's PoCs usually only consist of about 4 lines in any case.

[WendyB]

Re: help req'd - any advice please? CCJ due to bank charges

Bryan Carter's PoCs usually only consist of about 4 lines in any case.

and that's only if he can spell the long words!

You would be able to type up his POC in a post in less time than it would take you to scan and upload.

[mimps]

Re: help req'd - any advice please? CCJ due to bank charges

Hi everyone

just to say thanks for all the replies and support, I've shown him the info we need to get together, but will be back on Tuesday - it's his birthday tomorrow and I think he needs a bit of a break


'See' you all soon


best regards


Mimps

[Budgie]

Re: help req'd - any advice please? CCJ due to bank charges

No problem Mimps, have a great today tomorrow with your Son.

Budgie

[mimps]

Re: help req'd - any advice please? CCJ due to bank charges

hello there

sorry it's been so long since I've logged in - I know it will seem very rude after all the help you all gave us.

Just to fill you in, we filed the N244 and are waiting to hear from the courts, they have returned the paperwork a few times asking for more information, but it seems to have put a hold on Mssrs BC anyway - they make the odd call when son is at work - i refuse to take a number and tell them they have to call back, but they never do until at least a week has passed.

I've just taken a call from BC's incestuos (sp?) 'bedfellows' Frederickson International, so it looks like they are trying again, but this time we are much more prepared and armed for their under-handed methods and have more than enough confidence to fight them again.

Many many thanks for all the help and support we've had here, as long as my laptop keeps running then hopefully the next time i post it'll be to day the court have set the whole sorry thing aside

Mimps

[mimps]

Re: help req'd - any advice please? CCJ due to bank charges

Hi there

Well the day is finally here....we are going to an hearing at 3pm this afternoon.

It's funny though - since notification of the hearing has been received then the calls from both Bryan Carter and Frederickson International have competely stopped.

Stunned into silence we can hope.

Will let you know how it goes - but if anyone else reading this is being hassled by this bunch of crooks, please FIGHT AGAINST THEM!!!

Even if we don't get the desired result this afternoon, we will not have done down without a fight.

All the best and again thanks for the help and support of Beagles

Mimps