Mr Bryan Carter & Co again ! Where do i start please?

[daveydingle]

Hello !!

I need help as i've reached the end of my tether! It just seems to go on and on !
In October 2002 i moved out of the marital home (as did my ex wife) and made fresh my life down in Bedfordshire with only the visitation of the kids my only reason to return back to Skegness for weekend visits. The assets were split equally between the ex and i and all the debts were settled.
I made fresh my life, a relationship with someone lasted a year (2002-2003) but just turned out to be friends between us and i got myself a flat in April 2003 where i have lived on my own ever since.
Last year i did a credit check on myself and found both myself and a pre resident to my old house had been a victim of fraud. via a capital one credit card . The pre resident had a fraud warning registered to the address . I contacted Equifax telling them that i was a victim of identity fraud and they contacted the debt collection agency acting on captial one's behalf (which name i forget) giving them a suitable time to put up the information or the debt would be removed from my file . They didn't get back to them and the debt was removed from my file.
This year i did a credit check and find i have a CCJ against my name (march 2008 at northampton court) at my old address some 6 and a half to 7 years after i've left the house! I had no knowledge of any ccj intention or debt letters at my current address so i can only assume that all was sent to my old address.
I've contacted the court and find the ccj to be issued from Bryan Carter & Co acting on behalf of Wescott MBNA. The CCJ being £283 . such sum being part of a debt of £4257.36 being the "agreement".
I don't know of any such debt. i'm awhere of if i pay the CCj , they'll just come after me for more!
It's come time for me to move to another rented accomodation, How am i going to pass a credit check against me with a CCJ on it?
How do i get this CCJ taken off until i can prove i'm innocent?
I put in Bryan carter in the search engine and you guys appeared like a little ray of light in my dark times!
I figure if i ring them , i'm not going to dealing with the CCJ but a money racket machine!
Help !

[enaid]

Re: Mr Bryan Carter & Co again ! Where do i start please?

Welcome to Beagles Davey, I am not the one who can help you with your problem, someone will be along soon who can, hopefully.
In the meantime please do not ring them, we do advise that most things be kept in writing, just so everything is clear.
Enaid x

[Curlyben]

Re: Mr Bryan Carter & Co again ! Where do i start please?

Now this is likely to be a serious fight due to the time factors.
if you can PROVE that this CCJ was granted on an old address and you had NO knowledge of the action, then there may well be a chance to have it set aside.

This looks to me like a classic Mr C default judgement, in so far as the split claim.

[daveydingle]

Re: Mr Bryan Carter & Co again ! Where do i start please?

Hi again.

I've got a credit report that shows my electoral residencies and the places i've lived from and to.
Is that any good?
I'm sure i could find my flat agreement i took out for my present flat!

[WendyB]

Re: Mr Bryan Carter & Co again ! Where do i start please?

Might be worth putting a notice of correction onnyour file with Equifax? Check this with Curlyben first. In the meantime, any paperwork you can drag out to prove that you have not lived at that address since xxxx date would be helpful.

Is the CCJ part of a debt that you actually owed, or to do with the identity fraud?

[daveydingle]

Re: Mr Bryan Carter & Co again ! Where do i start please?

Wendy.
Got a mountain of utility bills from since i've been in my flat... got the tenancy agreement from when it started as well as my recent credit report with my electoral roll and places with times at each place.
The mbna thing i don't understand as i'm with MBNA right now via Virgin Credit card and my balance with them is zero at the moment (just paid off Christmas).
I can only put this down to fraud like the other one via capital one.
I've got loads of evidence to show i've been here all this time, so where do you recommend i start?

[Curlyben]

Re: Mr Bryan Carter & Co again ! Where do i start please?

That certainly sounds like grounds for a set aside to me.
You need to get all the information from the court for starters.

Remember information is King.
This should help your quest: Removal of CCJ's - Main Menu

[daveydingle]

Re: Mr Bryan Carter & Co again ! Where do i start please?

CurlyBen.
I contacted the court via email and they returned with the information


The claimant's solicitors contact details for this claim are as follows:

BRYAN CARTER & CO
PERSIMMON HOUSE
BRROKLANDSBUSINESSPARK
WEYBRIDGE
SURREY
KT13 0NT

Or you can telephone 8453133125 and quote reference ****************or your claim number.

The Particulars of Claim are as follows:

THE CLAIMANT CLAIMS 283.00, SUCH SUM BEING PART OF A DEBT DUE UNDER AN AGREEMENT NUMBER ***************** ("THE AGREEMENT") WHEREBY THE DEFENDANT AGREED TO PAY THE CLAIMANT 4257.36 ("THE DEBT"). FOR THE AVOIDANCE OF DOUBT IN MAKING THIS CLAIM FOR A PART OF THE DEBT THE CLAIMANT DOES NOT WAIVE ANY RIGHTS AS TO THE BALANCE OF THE DEBT, WHICH THE DEFENDANT CONTINUES TOOWE TO THE CLAIMANT UNDER THE AGREEMENT. THECLAIMANT RESERVES THE RIGHT TO MAKE FURTHER CLAIM FOR SUCH SUMS OF THE DEBT AS REMAIN OUTSTANDING.

Regards,

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When i then contacted the court asking them who they were acting for i was told it was acting for a company called Westcott on a Mbna debt.

What more information do i need to ask for before i start to get this CCJ set aside ?