Bryan Carter - CCJ

[BernieFlint]

Re: Bryan Carter - CCJ

You can file an official compliant with the Law Society, after all the more people that do that the better.

LCS: Legal Complaints Service home

Took a quick look but have to go and get ready for night shift. That Link seems to be more concerned with dealing with "your" solicitor (i.e. A solicitor you have paid to do something on your behalf).

Mr C wasn't someone I paid to do anything - certainly not issue and illegal CCJ!

I will take a longer ferret around the LCS website tomorrow, and see if there is a general complaints sections.

I apologise in advance CB if my questions sound a bit "numpty". But I have appreciated your assistance today - thanks.

[Curlyben]

Re: Bryan Carter - CCJ

No worries Bernie.
LCS deal with ALL solicitor complaints !!

Might be worth giving them a call and explaining the situation.
I have found them to be extremely helpful.

[BernieFlint]

Re: Bryan Carter - CCJ

Update: I wrote to Northampton explaining that I think the CCJ was issued illegally. I was sent a form N244 to fill in.

In Part C I have to fill in "... rely on the following evidence in support of this application".

Well apart from the fact I have been paying my default (finishes in May this year) since it was issued. What can I say to the court about Mr C's dubious practice of issuing a CCJ for his fee? Even to this day, I still don't know what his fee was for!

If anyone could offer a suggestion I would be grateful - thanks.

[Curlyben]

Re: Bryan Carter - CCJ

As ever Mr C is contravening the County Courts Act s35

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

[BernieFlint]

Re: Bryan Carter - CCJ

CB - I am forever in your debt. Thanks.

[WendyB]

Re: Bryan Carter - CCJ

Bernie, have you already asked for a copy of your CCA? And also have you sent an SAR (Subject Access Request) to get all you info, statements etc from Crap One? Tbh, much as I detest Mr C and his contravention of the rules at the drop of a hat, I think you should concentrate on getting some money back from Crap One, and put Mr C on the back burner for the time being, he's water under the bridge now.

Also, at the risk of incurring Curly's wrath, depending on how much you owe against the default, I think it would be a good idea to wegih up how much you could make "unenforceable" so to speak, with the CCA (or lack of it) against how much charges you can reclaim if you go down that path instead. Just thinking that if you've only got a couple of months of modest payment left, then probably the charges on the account would far outweigh this. Or just be a bounder and do both lol.

[BernieFlint]

Re: Bryan Carter - CCJ

Evening Wendy.

My debt to Crap One (like it). Is my debt. And I have no problem paying that back. I have been making more than a modest payment over the past 12 months. My final payment is in 3 months time (May). The original default was for £4k.

I know the CCJ will probably stick. But it is this, more than anything, that has really bothered me. I am paying the default off (have been since the word go). Yet Mr C can get a CCJ issued - just like that. So how can I have a default and CCJ for the same thing?

This is what I am trying to explain to Northampton. I hope they have had a few complaints about Mr C. So know where I am coming from.

I do appreciate you commenting though Wendy, and giving sound advice. Thank you for that ma'am.

[WendyB]

Re: Bryan Carter - CCJ

Well good on you for paying the debt, I'm not disputing that you should. But what I'm saying is that you definitely ought to see about reclaiming any charges that were on the account, because not only are they unlawful, they obviously served to increase the debt and subsequent default. i.e without the charges, the debt, and subsequent default, would not have been so high, and could have been more manageable, and been paid off quicker etc. Whats more, if there are loads of charges you can claim back (and believe me, Crap One cough up easily) then by the time you get them back, the debt will be paid off anyway so anything you get will be yours, straight in your pocket. plus interest.

I know its unfair with regards to the lovely Bryan, and if it makes you feel better, then go for him too. You probably won't be able to change anything, but causing him some grief would give some satisfaction, I suppose. But I would suggest that you make getting your money back from Crap One the priority, and do Bryan as a secondary target, so to speak.

[BernieFlint]

Re: Bryan Carter - CCJ

Good morning Wendy. Yep, rgr that - actioning Crap One today. Thanks

[BernieFlint]

Re: Bryan Carter - CCJ

Thought you might like an update.

To cut a long story short. Paid the £10 to Capital One, and received my old CC statements. I then filed a claim asking for their "unfair" charges back.

Capital One wrote back, offering one third of the amount (saying it was fair). So I went to the FOS. After they got involved Capital One reimbursed the full amount.

This enabled me to to settle the entire debt one month early. However, still not recieved official word from Robinson Way & Co that the debt is settled, despite repeated letters from me asking for it in writing. Have noted that my credit file (Experian & Equifax have removed the default notice, without any intervention from me).

With regards to me contacting Northampton CC about the Bryan Carter CCJ (official subject is "application for Judgement to be set aside"). I have been given a hearing date at the end of this Month, in my local County Court. According to the paperwork though, the Claimaint is Capital One, not Bryan Carter.

If this doesnt work in my favour, then at least I have tried. If anyone has anything I can say to the judge about the dubious practices of Bryan C, please let me know.

Thanks everyone - BF

[WendyB]

Re: Bryan Carter - CCJ

Great result Bernie.

I don't know much about set asides, sure someone will be along soon who does though.

[BernieFlint]

Re: Bryan Carter - CCJ

Chaps (and ladies)

Took Mr C/Capital One to Court on Tuesday 19th May 09. (Although as expected, none of the opposItion turned up)

Judge ruled that the sum claimed (by Mr C) does not represent part of the original debt but other claims which are unjustified. Also the claim relates to part only of the sum claimed against the defendant

IT IS ORDERED THAT: The judgement (CCJ) is set aside

Justice has been served - thank you everyone

[Curlyben]

Re: Bryan Carter - CCJ

Nice one.
I hope you put in for YOUR costs on that.

[BernieFlint]

Re: Bryan Carter - CCJ

Just grateful that after 3 years, the CCJ will be removed from my file CB.

I would like to thank you and Wendy for the encouragement given to me in my thread. I am sir (and madam) forever in your debt.

S!

[Curlyben]

Re: Bryan Carter - CCJ

Kudos goes to you for seeing this through to the correct and lawful conclusion.

Have you followed up with LCS ?