What to do!!? Template letters?

[pippy0512]

Hi guys, ive spent months trawling through these forums and am always impressed by the standard of advice and its almost a huge weight lifted to know im not the only one dealing with the problems we face with debt. I realize my specific problem may of come up before and if it has i apologize and look forward to a link ;-)
Bryan Carter solicitors. O so they have a debt relating to a CCJ i received in 2009, they have sent the warrant of execution letter with a number i don't recognize,with the threat of bailiffs. My first reaction is to ring and offer a small payment each month but im sure the amount doesn't reflect what i believe to be left. So a couple of questions - how real is the threat of bailiffs? Is there a letter i can send to get them to trace this debt and give me all the info i need to prove this exists still and can i catch them out? im not trying to wriggle out of this debt but i have read all the horror stories of BCS and don't want to fall into the same trap!

[miliitant]

Re: What to do!!? Template letters?

How much is he demanding

carter has a habit of getting a ccj for his costs first then a second ccj for the remaning balance

unlawful of course but he relies on peoples ignorance

[pippy0512]

Re: What to do!!? Template letters?

Hey miliitant,thanks for the reply :-) Well the amount of the original CCJ was 2k,but i used CCCS for a couple of years and know i paid some of it off,but have been ignorant over the last year and ignored it (i know) and the letter asks for it all or to at a minimum ring and discuss payments. I'm worried ill get myself caught into paying all there additional fees. i should be clearer the letter came last week,but the original CCJ is 2009, ive heard noting on this debt since paying Fredrickson through CCCS. They were not the ones who issued the CCJ im sure it was Citi cards, The BCS letter gives me a warrent number but it makes no sense to me? My credit file doesnt have a lot of detail, thats why id like to trace its origins etc. My only worry is a baliff knocking at my door :-(

[labman]

Re: What to do!!? Template letters?

Firstly do not ring and discuss anything over the phone. Communicate only in writing for the avoidance of doubt.

Firstly have a read of this - it will inform you there are things you can do, and hopefully put your mind a little more at ease regarding bailiffs.

Secondly, send a letter recorded delivery to him, based on the template below, ensuring you demand to know what the debt relates to, who was the original creditor, total claimed, claim number etc...

Depending what comes back, we'll take things from there. It would also be worth asking for a copy of the warrant of execution. It may well be that we end up applying for a redetermination, but only time will tell. Meanwhile, don't worry.

Here's a 'Prove It' letter which you can adapt:

Dear Mr Carter,

Your Ref: abc123

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to your company.

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

Specifically I need to know (include items from list above in my post)

Should you not be able to provide the proof requested, I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department, the SRA and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours sincerely,


Do not expect the best of replies, firstly as he is known for being unethical, and secondly, the OFT guidance to which you refer does not apply directly to CCJ's, but it does no harm to leave it there. The principles apply.

[pippy0512]

Re: What to do!!? Template letters?

Thanks Labman, will send today or first thing in the morning. I also recall a letter telling me if i paid it all at once the bill would be halved! why dont they do this for payments? thank you for your help :-)

[labman]

Re: What to do!!? Template letters?

Just realised I can't count to three. Apologies for having two 'Firstlys' at the start.