Bryan Carter - CCJ

[BernieFlint]

Hello everyone. I found this forum by doing a Google search for "Bryan Carter and Co Solicitors".

I receved a CCJ in March 2006 (which I have satisfied) - more on this in a bit. I never received any other paper work prior to the CCJ landing on the door mat.

To cut a short story long. I defaulted on my Capital One Credit card, and I pay Robinson Way & Co a very modest payment every month (via Standing Order). In fact, my arrears/debt will be paid off in full by May this year.

My CCJ was supposedly claimed by Capital One Bank. But the Name and Address for Payment was sent to Bryan Carter and Co Solicitors. I had to pay £377.00 (£285.00 to the claimant (Bryan Carter) and £92.00 for costs).

This CCJ has been really bugging me, hence the reason why I did some searching. I have recently written to Northampton County Court to look in to it for me. Telling them I don't know what the CCJ is for. If it is for capital one (as clearly stated in the Claimant section of the N30) , why wasn't it for the whole debt of £4276.95? Why did I have to pay only 10% of it to Mr Carter (whoever his is).

My internet search for Bryan Carter has turned up nothing good, but all bad about this Mr C person. I guess what I am asking is: Did I receive this CCJ (even though I am paying the debt off) legally? If I did, then I accept it, and will wait the 6 years for it to disappear from my Credit File.

Thank you - Bernie

[Curlyben]

Re: Bryan Carter - CCJ

Mr C is well known for splitting cases in this manner, highly unlawful it is as well.
Basically he covers his own costs and then tries to use the Judgement to go after the rest.

Bad news is, that due to the time and the fact you have already satisfied this CCJ there is very little that can be done.

[BernieFlint]

Re: Bryan Carter - CCJ

Thank you very much for the answer Curlyben. Deep down, I thought as much.

I take it, explaining the fact he unlawfully split the case to Northampton won't hold any water?

[Curlyben]

Re: Bryan Carter - CCJ

As this is all after the fact it doesn't really matter.
Sorry and all.

BUT there is a ray of hope in all of this.
I would challenge RW&c on their legal right to collect this debt.

[BernieFlint]

Re: Bryan Carter - CCJ

Understood Curlyben thank you.

I just don't understand how (if the CCJ was issued unlawfully) it is allowed to stick. My ancestors gave up the right to revenge many centuries ago, so that the law of this land would protect everyone, no matter who, equally.

And as regards to RW&C, my debt will be settled in May - I don't dispute I owed the money. But thanks for mentioning it.

[Curlyben]

Re: Bryan Carter - CCJ

In any case there will be a shed load of charges applied to it and they are lawfully reclaimable.
Cap1 are one of the easiest to get a result from.

A few letters and a quick filing and they are all returned.
Now that should reduce your payments significantly !!

[BernieFlint]

Re: Bryan Carter - CCJ

Thanks again for the headsup. Will look in to this over the next few days. TBH it is all my fault for defaulting in the first place - never again.

[Curlyben]

Re: Bryan Carter - CCJ

Hey, don't beat yourself up about it.
Stuff happens and the financial institutions make vast profits from our mistakes.

[BernieFlint]

Re: Bryan Carter - CCJ

..... I would challenge RW&c on their legal right to collect this debt.

Just a quick one Curlyben, if you don't mind. In what way would I be able to challenge RW&Co on their legal right to collect the debt?

[Curlyben]

Re: Bryan Carter - CCJ

Ask them for a copy of the credit agreement.
This is a FIRST step that should always be taken with any collections company.
After all would you pay some one just because they told you that there was a debt due ?

[WendyB]

Re: Bryan Carter - CCJ

We all make mistakes Bernie, most of us have been there, done that, got the t shirt and key ring!

As CB says, there will no doubt be a shed load of charges that you can reclaim. Send them an SAR, get all your statements etc, and claim back all the charges. Crap One are dead easy to reclaim from. They never put up much of a fight. And the good news is, that if the charges outweight the outstanding balnce, then you will end up with the debt wiped out and a bit left over for yourself.

[BernieFlint]

Re: Bryan Carter - CCJ

Thanks for that Wendy. I have gone in to the Library - Templates for a template on asking RW&Co for a copy of the credit agreement. But I am not sure which template I am supposed to go for. Could anyone point me in the right direction please?

[Curlyben]

Re: Bryan Carter - CCJ

Have a read through this: Consumer Credit Agreements - A Guide - Legal Beagles

[BernieFlint]

Re: Bryan Carter - CCJ

One again CB I am in your debt. That link was a very interesting read.

Is there anything that can be done about Bryan Carter and his illegal practices CB? I noticed on some threads that I can write a letter of complaint to some Government body?

[Curlyben]

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