Bryan Carter - CCJ already done and past the month, what can I do?

[Zoetoes]

Hi

Just before Christmas an old bloke knocked at the door saying I owe money on a store card of less than £300, from 2005. He had no further information for me so I told him I can't possibly know what it is or if it's my debt, but if it was it would be statute barred.

A couple of days ago I got a phone call from GK Insolvency saying I had a CCJ and they wanted to help me, I checked my credit file and it is on there. I didn't go into it with him as I didn't know who he was etc. But now I know about the CCJ.

I didn't get court papers to fill in but I have found the letter saying I have a judgement now (I must have shoved it in the drawer when I got it, been dealing with redundancy stuff at work which has taken over everything).

I read about contacting Bryan Carter to ask for agreement to have it set aside, obviously they said no. They also said it's not statute barred as a payment was made in 2011 of £9.59, just before the 6 years was up! I know I never made this payment, I asked how it'd been paid, on who's card etc, no answer to this and he said the onus is on me to prove that I never made the payment, how can you prove you didn't pay something??

Anyway, is there anything I can do about this? I'll try sending the n244 but the judgement was made on 5th January so out of the month now. :tinysmile_hmm_t2:

And by talking to the old man at the door have I made them able to claim this? Although it was still after 10 years.

[Streetwise]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

Hi

Just before Christmas an old bloke knocked at the door saying I owe money on a store card of less than £300, from 2005. He had no further information for me so I told him I can't possibly know what it is or if it's my debt, but if it was it would be statute barred.

A couple of days ago I got a phone call from GK Insolvency saying I had a CCJ and they wanted to help me, I checked my credit file and it is on there. I didn't go into it with him as I didn't know who he was etc. But now I know about the CCJ.

I didn't get court papers to fill in but I have found the letter saying I have a judgement now (I must have shoved it in the drawer when I got it, been dealing with redundancy stuff at work which has taken over everything).

I read about contacting Bryan Carter to ask for agreement to have it set aside, obviously they said no. They also said it's not statute barred as a payment was made in 2011 of £9.59, just before the 6 years was up! I know I never made this payment, I asked how it'd been paid, on who's card etc, no answer to this and he said the onus is on me to prove that I never made the payment, how can you prove you didn't pay something??

Anyway, is there anything I can do about this? I'll try sending the n244 but the judgement was made on 5th January so out of the month now. :tinysmile_hmm_t2:

And by talking to the old man at the door have I made them able to claim this? Although it was still after 10 years.

You have to make an application to the court to have it set aside,if your application is successful you can then ask Carter for documentation.Remember they have judgement and will enforce it.

[nemesis45]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

Hi Welcome to LB,

Verbal communication does not affect the provisions of the Limitations Act 1980.

What exactly did GK Insolvency want from you?

Can you access bank statements back to 2011?
Have you tried to find out what store card this was?
Who was Carter acting for?

nem

[Zoetoes]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

So should I just get the n244 sent in and hope? Am I probably stuck with the judgement now I have left it past the month?

GK said they were offering help, I'm guessing they got my details of a register and were going to charge to help me? I don't know.

I have switched banks in the last couple of years so don't think I'll be able to get statements from 2011 will I?

They are acting for Creation Financial Services.

[nemesis45]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

Ok I suggest getting the set aside process in motion now.
Then personally I would send a Subject Access Request to Creation SAR is a request for all the data held on you, there is a BUT to this as the account is from 2005 the information may not now be available.
Was Creation the actual claimant or had the debt been sold to a 3rd party debt purchase company?

nem

[Zoetoes]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

It had been with Lowell

[Zoetoes]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

Do I put on the n244 form that I have contacted Bryan Carter?

[Don Quixote]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

Had you previously received any notice of assignment from Lowell, or a default notice from the original creditor before the account was sold? Have you received annual statements of account as required by law?

Some further detailed history of the account would be useful, such as when the account was supposedly sold. Have you checked your credit file? If not, please do so and tell us if anything is showing.

If you get the set aside, it’s for Carter/Lowell to prove a payment was made, not for you to prove there wasn’t. Carter misstating the facts again. That said, if you get the set aside, the process starts again, but you can guarantee Carter & Lowell won’t be forthcoming with any info under CPR – so anything you can do to determine last payment dates or the absence of a payment on the date claimed, would be useful.

Part of your application will need to show you have a reasonable chance of defending the case. An assertion that the account was SB is good, as is any denial of receiving DNs or NoAs or annual statements, or a letter before action. You also need to explain why you are late in appealing (mention redundancy, etc, and the fact that you received no claim form).

Any idea why you did not receive the initial claim form? Had you been receiving regular correspondence from Lowell or Carter? As you received the judgment at your current address, I doubt it’s Carter’s old trick of using an old address to get a default judgment then miraculously finding you soon afterwards. Clearly having someone turn up on your doorstep shows they knew where you lived – are you sure the CCJ and the visit are for the same account? Did Carter confirm this (and please record calls!)? What’s interesting (and useful) is that the doorstepper stated the debt was from 2005.

At present Lowell (via Carter) don’t have to do anything, as the judgment supersedes any agreement.

As nemesis says, get an SAR in to the OC, although I imagine they would have actually sold the account well before six years had elapsed since the last payment. A quick phone call to them might be quicker to discover when it was sold and when payments were made. An amount of £9.59 makes me think it’s some kind of charge to the account, which would not affect the SB status.

Ignore GK – they are ambulance chasers, probably hoping to flog you a debt management package.

[Zoetoes]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

I'm not sure, I could have received letters at the time. I've not received annual statements. No idea when the account was sold from the original creditors and nothing on my credit file for it.

Bryan Carter said yesterday they took over the account on 4th November and applied for the CCJ 25th November.

I've recently bought my first house (right to buy so still at same address) and wonder if they had discovered this and that's why they are trying this now? I've heard about the charge on property thing.

[Don Quixote]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

I'm not sure, I could have received letters at the time. I've not received annual statements. No idea when the account was sold from the original creditors and nothing on my credit file for it.

Bryan Carter said yesterday they took over the account on 4th November and applied for the CCJ 25th November.

I've recently bought my first house (right to buy so still at same address) and wonder if they had discovered this and that's why they are trying this now? I've heard about the charge on property thing.

So there was no letter before action? By apply for the CCJ, do you mean that’s when the claim was issued?

When exactly did the doorstepper turn up? Not while the case was still in the courts, I hope... if they had a judgment at that point, I imagine the caller would have said. How odd.

Do you have any letters from anyone about this anywhere?

[Zoetoes]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

So there was no letter before action? By apply for the CCJ, do you mean that’s when the claim was issued?

When exactly did the doorstepper turn up? Not while the case was still in the courts, I hope... if they had a judgment at that point, I imagine the caller would have said. How odd.

Do you have any letters from anyone about this anywhere?

I think he said they took it over 4th and because no payment was received they applied for CCJ or put the claim in, not sure, on the 25th.

The door stepper - I can't be sure, could have been November, he had originally left a card, I will see if I can find that and maybe it has a date on.

I don't think there are any letters, but I did find the judgement letter in the drawer :tinysmile_hmm_t2:

[Don Quixote]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

I think he said they took it over 4th and because no payment was received they applied for CCJ or put the claim in, not sure, on the 25th.

The door stepper - I can't be sure, could have been November, he had originally left a card, I will see if I can find that and maybe it has a date on.

I don't think there are any letters, but I did find the judgement letter in the drawer :tinysmile_hmm_t2:

Your biggest problem here is that you’ve been a bit lax in not keeping your own audit trail. Did Carter write to you on 4th? Try and find as much documentation as you can. It’s likely to be useful.

Have you tried calling the OC yet for payment info and details of when they sold the account?

Have you in the past received regular letters from Lowell regarding the debt? The detail is important, so please try and answer every point raised. I’m pretty sure you’d know if regular letters were being sent, even if you binned them.

[Zoetoes]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

I know, I've not made it a priority when I should have.

I've received debt collection letters in the past as I got into a bit of trouble a few years ago and the odd one since but have binned some unopened over time once I got to know what they were. No letter 4th November, and the doorstepper didn't give me anything in writing except the card he left.

I've just rang Creation and they can't see anything other than I had an account with them once, he advised I email, which I have done so will see what the reply says.

[Don Quixote]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

Push Creation for a response. They MUST keep records for six years AFTER they dispose of the account. They will have the data somewhere.

[Zoetoes]

Re: Bryan Carter - CCJ already done and past the month, what can I do?

Reply from Creation is they have not been able to locate an account with my address and will need an account number or agreement number to look again and locate it.