Bryan Carter issued litigation proceedings in County Court.

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Well, nothing turned up in the post today, so I guess I'm still waiting.

Yeah, I don't think fraud is a route I wish to take. I'd just like this sorted out in the least messy way possible. The debt is only for a couple of hundred of pounds.

It would be unusual for them to say a claim has been issued as opposed to just threaten to issue one, so you and your brothers should keep your eyes peeled. The time to file a defence starts from the date of the claim and you get an extra 5 days allowed for service.

In the meantime, it would be good if you could dig up anything that could prove this is SBd which would be the easiest route to take if applicable. Surely you remember how long ago that girlfriend moved out... :noidea:

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Well, nothing turned up in the post today, so I guess I'm still waiting.

Yeah, I don't think fraud is a route I wish to take. I'd just like this sorted out in the least messy way possible. The debt is only for a couple of hundred of pounds.

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Hi Davefisher

Have you ruled out any thought of calling it fraud (ie involving the police)?

I'd say it would only be fraud if the girlfriend had ordered the goods without agreement from the OP. :mod:

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Thanks for the speedy reply. My brother is going to email me as soon as the claim arrives, if it does - is it common place for them to state they've issued such a thing and not actually do it? I really want this sorted as I feel awful for such a thing to be hanging over my brother's property. I would have taken it more seriously but like I said, I never once thought it would stand up in court or any such thing as I hadn't signed anything etc and I've never had any other experience with debt of any kind. How awful that someone else's name can be dirtied so easily, incredible really.

Thanks so much for the informative post. I'll be straight back as soon as I know more. You're a life saver.

Not really. It's common to threaten to start legal action and never start it, but if they say they've issued a claim, they probably have done so.

[MissFM]

Re: Bryan Carter issued litigation proceedings in County Court.

Hi Davefisher

Have you ruled out any thought of calling it fraud (ie involving the police)?

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Hi and welcome!

Any idea about the timing? You say this could be nearly 6 years old, in which case you could argue it's SBd and they would have to prove otherwise. Sadly she took out the account in YOUR name, so you can't argue the debt is not yours.

It was commonplace for catalogues to send out the goods without entering into a credit agreement,which is why no-one signed anything. This means they won't be able to produce an agreement.

If the letter says they've issued a claim (as opposed to saying they will issue one), then it's probably best to wait for the claim to arrive. Once you receive it, you can acknowledge it online and state your intention to defend. Once you've done that, you can send them a request for information regarding last payment date (to prove it's not SBd) as well as a request for documents mentioned on the particulars of claim. The 25th was Friday so the claim should arrive in the next couple of days (if they've really issued one).

Get your brother to keep an eye on the post and ask him scan or take a picture hoto: of the claim form and send it to you by email so you can post it up here as soon as it arrives. :typing:

It's always wise to keep an eye on the post when you move out of places where credit was taken at, as it's very easy to obtain default judgment if you fail to respond to a claim. :incourt:

Could there be more debts this old girlfriend of yours may have taken out in your name?

Hi, I have no idea about the timing unfortunately. I have no other debts and never have had any others. I always thought they were just being cowboys when it came to demanding payment - seeing as I'd never entered into any agreements or signed anything myself. Previous girlfriend didn't take out anything else in my name, I know that for a fact.

Thanks for the speedy reply. My brother is going to email me as soon as the claim arrives, if it does - is it common place for them to state they've issued such a thing and not actually do it? I really want this sorted as I feel awful for such a thing to be hanging over my brother's property. I would have taken it more seriously but like I said, I never once thought it would stand up in court or any such thing as I hadn't signed anything etc and I've never had any other experience with debt of any kind. How awful that someone else's name can be dirtied so easily, incredible really.

Thanks so much for the informative post. I'll be straight back as soon as I know more. You're a life saver.

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Hi and welcome!

Any idea about the timing? You say this could be nearly 6 years old, in which case you could argue it's SBd and they would have to prove otherwise. Sadly she took out the account in YOUR name, so you can't argue the debt is not yours.

It was commonplace for catalogues to send out the goods without entering into a credit agreement,which is why no-one signed anything. This means they won't be able to produce an agreement.

If the letter says they've issued a claim (as opposed to saying they will issue one), then it's probably best to wait for the claim to arrive. Once you receive it, you can acknowledge it online and state your intention to defend. Once you've done that, you can send them a request for information regarding last payment date (to prove it's not SBd) as well as a request for documents mentioned on the particulars of claim. The 25th was Friday so the claim should arrive in the next couple of days (if they've really issued one).

Get your brother to keep an eye on the post and ask him scan or take a picture hoto: of the claim form and send it to you by email so you can post it up here as soon as it arrives. :typing:

It's always wise to keep an eye on the post when you move out of places where credit was taken at, as it's very easy to obtain default judgment if you fail to respond to a claim. :incourt:

Could there be more debts this old girlfriend of yours may have taken out in your name?