help with Bryan Carter

[leedv123]

Hi everyone this is my 1st post and I could really do with some advice regarding Bryan Carter solicitors and an EGG loan I took out in 2004. As far as im aware I defaulted in april 2005 and didn't have anything to do with Egg after this point. I have recently found out about a letter which had been sent to my mothers address (different to where I took out the loan) from 02 July 2008. the letter in question is from Bryan Carter solicitors and states THE AMOUNT NOW DUE: £5434.12 the letter then goes on to say a judgement has been entered against me on 20th march 07 in the sum of £295. I have checked my credit report on Experian and I have been issued with a CCJ on 20th march 07 for the sum of £387. My question is would it be adviasble to phone Bryan Carter and offer to pay this ccj or am I best ignoring it in case it opens up a whole can of worms with regards to the Egg loan that I never paid. It wouldnt normally bother me but I think the ccj on my report could really hinder me getting credit in future, advice please Leedv 123.

[WendyB]

Re: help with Bryan Carter

Well my first thought is that if the last time you acknowledged any debt to Egg was in April 05 then it's probably statute barred by now.

Secondly, if you owed £5k+ why did the lovely Bryan only issue a claim in the amount of £295? Probably because he is well known for abuse of process by splitting claims.

The CCJ will drop off your credit file after 6 years.
Have you had any recent correspondence from Egg, Bryan or anyone else?

My initial thoughts would be that if you haven't, then ignore it. Certainly don't phone Bryan Carter. Not wise to poke sticks at sleeping things, even if they are lowlife like bryan and Co.

No dounb others will be along to advise further.

[mr.ton]

Re: help with Bryan Carter

Find out which court issued this CCJ - get it set aside then sue the ass off the old fool.....

[WendyB]

Re: help with Bryan Carter

Can you get set asides after 4 years?

[mr.ton]

Re: help with Bryan Carter

If it was issued in error or without your knowledge then i dont see why not?

[leedv123]

Re: help with Bryan Carter

Hi thanks for responses I have no idea why the ccj is for £295 (which actually shows £387) on my credit report and have definately had no conversations with either EGG or Bryan Carter themselves. My worry is like suggested its like poking a stick at a sleeping dog however I really dont want a ccj on my report for another 2 years. what should I do??

[basa48]

Re: help with Bryan Carter

Well my first thought is that if the last time you acknowledged any debt to Egg was in April 05 then it's probably statute barred by now.

Can an account subject to a CCJ ever become statute barred?

[WendyB]

Re: help with Bryan Carter

Don't know tbh. We need the cavalry to turn up and throw some light on it.

[pompeyfaith]

Re: help with Bryan Carter

Can an account subject to a CCJ ever become statute barred?

No and it is that reason BC go for a SJ on such a low amount

[WendyB]

Re: help with Bryan Carter

So what's best to do? Hang on till the ccj drops off in 2 years time? Will the rest of the debt then be SB? Or could Bryan be done away with for abuse of process if he goes for the rest of the debt? If it was me I would be inclined to keep quiet and deal with it if and when Bryan tracks them down.

[Angry Cat]

Re: help with Bryan Carter

I suggest that you check to see if a CCJ was actually registered:
http://www.trustonline.org.uk/about-us/

[Angry Cat]

Re: help with Bryan Carter

Can an account subject to a CCJ ever become statute barred?

No, the statute of limitation does not apply.

However, if the debt has not been enforced (no enforcement action taken) for six years, the claimant would have to convince a judge as to why not.

Applying for a set aside is still possible, in certain situations; as per the CPR's.

[leedv123]

Re: help with Bryan Carter

I suggest that you check to see if a CCJ was actually registered:
http://www.trustonline.org.uk/about-us/

Thanks for your responses Angry Cat the ccj has definately been registered at a court in Northampton so im still a bit confused as to the best next action to take do I pretend im an ostrich for a while and just have to live with this ccj for another couple of years??

[leedv123]

Re: help with Bryan Carter

Thanks again guys for your feedback I am however still somewhat confused, could anybody shed some light as to why the amount the ccj shows is significantly lower than the defaulted amount of the loan. could this be just BC's charges?? Is it worth paying the ccj amount to at least get the ccj satisfied in an attempt to clean up my credit file?? or would doing this be an admission of the debt in the 1st place?? sorry about all the questions but its a potential minefield out there

[pompeyfaith]

Re: help with Bryan Carter

This has always been my opionion,

BC are in two minds whether there case for court action is solid enough to get a judgement so in effect are hoping for the right case laws to materialise so they get a summery judgement on a small amount to stop the account going SB while they await.

It is what is known to us as an abuse of process.