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Help Needed - Bryan Carter & Co Ccj

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  • Help Needed - Bryan Carter & Co Ccj

    Hi there,

    Sorry I am new to all this and don't want to appear stupid but could really do with someone holding my hand on this one.

    Today I received a letter from Bryan Carter & Co in regards to a T-Mobile account I took out a couple of years ago. At the time I had a very good job and made payments etc but had to take time off sick and explained this to T-Mobile and informed them of change of address etc when I moved. Having heard nothing more I assumed they had frozen my account or something.

    Anyway today I received a letter which had gone to my old address which informed me they had obtained a judgement against me (this was done in August last year) and that the next step is to instruct a county court bailiff to call.

    As my circumstances are now very different e.g. I am on benefits looking after my son full time I rang them to explain my situation and that I would pass the letter over the the Citizens advice who are dealing with other accounts for me but hit a brick wall. I asked for proof of the agreement etc as I am unsure as to what I still owed etc and they referred me to T-Mobile who referred me back to them. So anyway 4 calls later ended up speaking to someone who told me they would accept 1 pound a month but I didn't want to accept the debt as I feel I have a dispute with T-Mobile in the first instance and from what I have read I would be better to get the CCJ set aside first, is this right??

    I rang Northhampton court for a copy of the judgement but wonder how I best go about getting this set aside and what to do in regards to SAR etc as I feel I am hitting a brick wall between T-Mobile and Bryan Carter.

    On my last call to Bryan Carter I asked what address they were sending letters to and it was definately not mine and when I asked what court they applied to so I could try and get it set aside the man asked me to hold while he got more information but I was not keen to listen to anymore from them. They have sent me round the houses all morning.

    Sorry to go on but as I said very keen to not make mistakes here.

    I don't have the full figures but I believe the CCJ was only made for
    £176.00 plus costs so £263.00 in total although the original debt was for £530.00 and they are chasing me for £617.74.

    All help appreciated!!

    Many thanks

  • #2
    Re: Help Needed - Bryan Carter & Co Ccj

    Sounds like Bryan is up to his usual tricks again. No doubt all pre-action protocols have been disregarded and he's only asked for part of the debt which is an abuse of process etc. You will probably be able to get the judgement set aside as all correspondence went to wrong address. Someone will answer in more detail later, I'm at work at the mo an d boss lurking. have a look at my Bryan thread, sorry can't do a link at the mo.
    And don't phone them again. Ever. Keep all in writing.
    Is no longer here

    Comment


    • #3
      Re: Help Needed - Bryan Carter & Co Ccj

      Why do you dispute the original amount T-Mobile say you owe?

      A judgment debt should be disputed within a reasonably short time frame. However, you had no idea of any claim against you prior to receiving the letter today - so I believe you have a very good chance of having this set aside.

      You will need to file an N244 here Her Majesty's Courts Service -Forms and Guidance


      I also suggest you send T-Moble a full Subject Access Request letter.

      Comment


      • #4
        Re: Help Needed - Bryan Carter & Co Ccj

        Proof of postage might be a good idea - they can't say they didn't receive it!
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Help Needed - Bryan Carter & Co Ccj

          Hi Everyone,

          Thanks for all the advice and sorry for the late reply. Am not really used to these forums etc. lol

          Wendy B Thank you, I gathered such but needed to be sure.

          Amy I am disputing the amount in the first instance because not long after I got the phone it was stolen. I reported it and logged it with T-Mobile. I was never sent a replacement chip or anything but in the meantime I had to take sick leave and had spoken to member of staff at T-Mobile about claiming on the insurance. They told me to hold fire and wait to hear from them....so I did.

          I wasn't worried when I didn't hear because I just assumed they had cancelled the account or put it on hold so basically I am disputing their claim that I owe them that much as I never used the account after that as I didn't have access to the chip.

          I have a copy of the N244 form which I will send in as you advise. Any tips on how to word this??

          I will also send T-Mobile the Subject Access Request letter. I initally asked them for this by phone and they said they couldn't send me anything because the account was now considered closed!!!!! Anyway should I send a fee with this request??

          Charitynjw I will be sure to get proof of postage.

          I will update you all in due time.

          Many thanks for all your help.

          Comment

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