Serious Bryan Carter Problem:(

[Heaven_Draven]

Im not sure if this is in the right forum but here goes...in my other thread (I feel like such a pain in the bum now!) I said that they were all getting in on the act now, well between Thursday an this morning Ive received about half a dozen whiny letters from debt collectors - the one from Bryan Carter being the worst!

It says their client is "Phoenix Recoveries", and apparently the balance is £1793.08. The letter goes on to say:

"As you will be aware we have issued proceedings in respect of this outstanding debt and have obtained judgement against you and the next step is for us to instruct a county court baliff to call on you. The court fees and court costs for issuing a warrant are £72.75 and the warrant itself will not be less than £100 meaning that is a warrant is issued you will have to pay the Baliff a minimum of £172.75 to stop him taking away your possessions such as your TV or computer to pay for the debt.
The reason for writing to you now is to give you one last chance to reach an agreement with us before we take this action"

There is more, but its along the lines of "weve sent you a payment card, use it within 10 days"

Problem is, I *wasnt* aware theyd even tried to take me to court, wasnt aware of a £1793 debt and wasnt aware of Phoenix recoveries! I'd never even heard of them until yesterday!

I havent even had a single letter from Phoenix recoveries, much less any court papers - can they take you to court without you knowing a thing?

I also dont understand what they say in the letter about the warrant being for £100 - does that mean theyve only tried to take me to court for £100? I dont understand the bit about the £72 either, does that mean they *havent* taken me to court? And like I say, I have no idea what the debt is supposedly *for* either, the letter doesnt say.
The one bit I *do* understand is if a baliff turns up to not answer the door but what can I do in the meantime?

Thanks again

[Amy]

Re: Serious Bryan Carter Problem

You need to get the CCJ set aside as quickly as possible.

Search for, download and complete the N244 here Her Majesty's Courts Service -Forms and Guidance

There is a fee for filing this, but you should check whether you are eligible for a remission or exemption from paying this fee. If you qualify then you should also file an EX160 with your N244.

I would also suggest that you adapt one of the letters from Curly's CCA thread (that I gave you on your other thread) and urgently request the information of your claim that they negated to send you at the time.

[Heaven_Draven]

Re: Serious Bryan Carter Problem

Ok, Im guessing the letter I want to send to Bryan Carter is basically the Information disclosure one? Im sorry if Im asking loads of questions, i jus want to get this right

Do I send the N244 form to my local court, if so which one, because theres two of them? The letter from BC doesnt say which court anything was filed in so will it be the local one?

I get income support so I'd be filling in the EX160 form, but what do I put for "case or claim number"

Thanks again

[Amy]

Re: Serious Bryan Carter Problem

Ok, Im guessing the letter I want to send to Bryan Carter is basically the Information disclosure one? Im sorry if Im asking loads of questions, i jus want to get this right

Don't worry, you're doing fine, I know it's scary. Yes, that's the letter I would send if it were me, but you might need to adapt it slightly.

Do I send the N244 form to my local court, if so which one, because theres two of them? The letter from BC doesnt say which court anything was filed in so will it be the local one?

Yes, your local court.

I get income support so I'd be filling in the EX160 form, but what do I put for "case or claim number"

You will probably have to telephone the court and ask their advice on this one.

[Heaven_Draven]

Re: Serious Bryan Carter Problem

Thanks so much again Looks like I get to do a lot of letter-sending in the morning lol - still a bit of work has to be better than sitting back and letting the sods win!

[kyrights]

Re: Serious Bryan Carter Problem

Im not sure if this is in the right forum but here goes...in my other thread (I feel like such a pain in the bum now!) I said that they were all getting in on the act now, well between Thursday an this morning Ive received about half a dozen whiny letters from debt collectors - the one from Bryan Carter being the worst!

It says their client is "Phoenix Recoveries", and apparently the balance is £1793.08. The letter goes on to say:

"As you will be aware we have issued proceedings in respect of this outstanding debt and have obtained judgement against you and the next step is for us to instruct a county court baliff to call on you. The court fees and court costs for issuing a warrant are £72.75 and the warrant itself will not be less than £100 meaning that is a warrant is issued you will have to pay the Baliff a minimum of £172.75 to stop him taking away your possessions such as your TV or computer to pay for the debt.
The reason for writing to you now is to give you one last chance to reach an agreement with us before we take this action"

There is more, but its along the lines of "weve sent you a payment card, use it within 10 days"

Problem is, I *wasnt* aware theyd even tried to take me to court, wasnt aware of a £1793 debt and wasnt aware of Phoenix recoveries! I'd never even heard of them until yesterday!

I havent even had a single letter from Phoenix recoveries, much less any court papers - can they take you to court without you knowing a thing?

I also dont understand what they say in the letter about the warrant being for £100 - does that mean theyve only tried to take me to court for £100? I dont understand the bit about the £72 either, does that mean they *havent* taken me to court? And like I say, I have no idea what the debt is supposedly *for* either, the letter doesnt say.
The one bit I *do* understand is if a baliff turns up to not answer the door but what can I do in the meantime?

Thanks again

I think the first thing you want to do is contact your local court with name and date of birth, or physically go there with the letter you've received. without the claim reference, it will be difficult to fill the forms the court forms. I am however suprised, even if you did not receive the claim notice, you should have received the judgement notice as these are sent straight from the court.

Alternatively, call the DCA and ask them which court did they obtain the judgement from and what the claim number was.

Either way, you've got to move fast as the speed at which you move will be considered as part of the reasons why a set aside judgement is justified...familiarise yourself with CPR 13 for this.

All the best wishes.

[WendyB]

Re: Serious Bryan Carter Problem

Also, write back to Bryan, ask for details of the court judgement, the case number, and which court is was issued at. Also ask them for a copy of the POC (Particulars of Claim). I can't see much point in going to your local court, as Bryan and Co usually issue through the Bulk Centre in Northampton, although your local court may have the facility to search the database for you. You could probably phone Bryan and ask for the details, they may give them to you, as their phone operators aren't exactly the brightest on the planet.....

Bryan is well known for being a total scumbag but tends to back down when you stand up to him. In your letter to Bryan, also ask for a complete breakdown of the alleged debt, and who the original creditor was. Don't acknowledge or admit any debt until they can prove that you are the debtor, and who you owe it to.

You need to do this quickly as there is only a certain amount of time to apply for a set aside - if indeed there has actually been a judgement to set aside in the first place.
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In fact, from reading the letter, it seems to me that they are just emplyoing scare tactics and there is actually no case yet. What's more, if they get a judgement, you get a CCJ. There would only be a warrant if you then did not pay and court bailiffs were instructed. They are basically making it up as they go along, throwing in all the scary words they can think of.

[Heaven_Draven]

Re: Serious Bryan Carter Problem

I am however suprised, even if you did not receive the claim notice, you should have received the judgement notice as these are sent straight from the court.

Seriously, I havent received a jot before this letter descended, which is what has me *so* confused I'd thought that if someone was going to try to take someone to court, they'd tell that person *something*.

Alternatively, call the DCA and ask them which court did they obtain the judgement from and what the claim number was.

Not trying to be awkward, but is it "safe" to phone them? They're not going to turn round and say "you asked about it on the phone therefore you must admit it" or something are they?

Either way, you've got to move fast as the speed at which you move will be considered as part of the reasons why a set aside judgement is justified...familiarise yourself with CPR 13 for this.

Whats CPR 13? If I manage to get a claim number, or at least the forms sent off tommorrow will that be quick enough?


Thanks again

[Heaven_Draven]

Re: Serious Bryan Carter Problem

Back again unfortunatley And still having bother with this, even more unfortunatley!
Rang my local court, and was basically told that without a referance number, I couldnt file to get anything set aside.
The woman on the phone actually started laughing (and TBH I dont blame her) and said "So you *think* you *might* have a ccj, but you don't know which court it was filed in, you dont know the claim referance number, and you dont even know what it was for?", I said, yup, that's basically it.
She also said she wasnt able to search for a ccj with the little information I had, and suggested if I was really worried to try to get a copy of my credit file, (which I cant do) but otherwise to ignore a letter that sounded like a load of hot air. So I kind of got stuck.

In the meantime, I sent BC the "prove Im the debtor" letter...and guess what? No response. Waited 2 weeks, sent pretty much the same thing again...no response.
It might have been a stupid move, but figuring if there was a ccj I wanted it dealt with asap, I ended up phoning them last week.

After much "data protection" faff, the guy asking my name and address and suchlike before he'd speak to me, the first words out of his mouth were along the lines of "Are you able to make payment by credit or debit card today?" ! I said no, and said I didnt acknowledge any debt to them, because I didnt have a clue what the supposed debt was meant to be.

He started out by saying the company was Phoenix recoveries, and said that they sent letters to my previous address, and as they got no response, took me to court n won. Then he said that when they received no payment they apparently looked on the land registry (which I thought was only for bought houses, mine is council!) to get my current address. I asked what the supposed court claim number was, and what court it was filed in, he told me Northampton, and the referance number BC were using on the letter.

Eventually managed to get out of the bloke that the debt is apparently for a LLoyds credit card, (I'll get to that in a minute) and then he started asking for payment again. I said I didnt acknowledge the debt and wanted a response to my letters, and would be applying to have the ccj set aside. He said a warrant would probably be issued in the meantime and that he couldnt help it if one was, at that point I basically said goodbye.

So now that I at least have a claim number, what am I putting as my grounds to get this set aside? Im guessing the fact I dispute the supposed debt, the fact I havent received any paperwork and that I didnt receive the original court claim?
Thanks in advance