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Bryan Carter and Halifax Credit Card Debt

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  • Bryan Carter and Halifax Credit Card Debt

    Hi everyone,

    I am having a traumatic time with Bryan Carter Solicitors at the moment.

    My partner has received a claims form asking for £2600 from a Halifax Credit Card debt three years ago. The claims form was only received on Tuesday 24th February, but was dated 6th February. Now this is what worries me and where I get slightly confused. He called them straight away and they said they will hold off judgement, providing that the debt is cleared within six months.

    I called them as what they stated to my partner, didn't sit well with me, nor do I trust them AT ALL!
    And initially they said they cant send anything in writing to confirm that they will hold off judgement for six months. But they have now changed their tune when I mentioned the FCA and said they will get a letter out confirming that 'if he says true to an agreement, they will hold off judgement'

    I feel slightly stressed and confused, as I feel that I have lost the chance to do anything now, as N9A form should of already been submitted

    (I only know slight information regarding how CCJ's work, as I dealt with litigation in an insurance firm) so any help/advice would be greatly appreciated.

    Many thanks
    Tags: None

  • #2
    Re: Bryan Carter and Halifax Credit Card Debt

    Well you have learned the first lesson for dealing with debt collection agencies and their pet solicitors Never deal with them by phone!!
    Is the date of issue on the N1 definitely 6th February (3rd box top right of form?
    Is there a date stamp on the envelope?
    What you really need to do is apply to the court for a 28 day extension because of the postal problem.
    Was the address correct in ever way?
    Acknowledge service on MCOL and intention to defend.

    Send Carter a CPR31.14 request for the documents mentioned in the Particulars of Claim (template I forum library,.)

    Is Carter acting on behalf of a debt collection agency e.g. Lowell if so send a CCA request to them asap to get a copy of the agreement. £1 statutory fee to pay (use a cheque or postal order clearly endorsed " for statutory fee only".

    Lowell has 12 + 2 Working Days to comply. (template in the library.)

    Keep all correspondence and the envelopes it came in. Keep a paper trail and stay off the phone.

    nem

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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