Bryan Carter issued litigation proceedings in County Court.

[Davefisher]

Hi, let me explain my story.

Several years ago a girlfriend took out a catalogue in my name. She racked up just a couple of hundred pounds in debt. We split up and I refused to pay for her goods, seeing as I'd never signed anything and I know she never had any access to any id of mine etc. To open the account with, so I was never concerned with any legal proceedings etc.

After a while the letters stopped and I moved out of my parents house. My brother has been living there since my parents passing and has received one or two sporadic letters in that time from various collection agencies.

I'm not living in the same part of the country and have just visited him to find numerous letters from a company called "Bryan Carter solicitors" the most recent of which was issued on the 25th of October and states they've now issued litigation proceedings in the county court. It also says I will receive a claim form in the next 48 hours? Assuming anytime time now.

I have no idea what I'm dealing with here. I don't think the debt is yet six years old but it has to be there or there abouts. Should I be worried? How do I approach this?

[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?

[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.

[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)?

[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.

[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:

[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.

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:

[mystery1]

Re: Bryan Carter issued litigation proceedings in County Court.

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:

Personally, i'd start from the letter before action and use the pre action protocols to identify the facts of the claim and the documents on which the claimant relies. Beat them with a stick before they launch the claim.

M1

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Personally, i'd start from the letter before action and use the pre action protocols to identify the facts of the claim and the documents on which the claimant relies. Beat them with a stick before they launch the claim.

M1

That makes sense, however, from what the OP has said, there was no LBA, just a letter saying they HAVE issued a claim on the 25th. :noidea:

[mystery1]

Re: Bryan Carter issued litigation proceedings in County Court.

That makes sense, however, from what the OP has said, there was no LBA, just a letter saying they HAVE issued a claim on the 25th. :noidea:

Yeah but if they haven't but might

M1

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

Ok, so the claim arrived. My brother has sent me various pictures of the forms which ill post as soon as i figure out how on my tablet. It says lowell bought the debt in january 2009, so chances are not sb yet.

I have to admit i'm very nervous and panicky about this. Ive never dealt with debt of any other kind before or been to court etc.

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

So here are the pics. There is also an admission form which I have no intention of using unless i dont have a leg to stand on here.

Please help, nerves are eating me alive!

[Davefisher]

Re: Bryan Carter issued litigation proceedings in County Court.

After sifting through some old emails I was able to determine that my ex girlfriend moved out in December 2008, I've no idea if she ever made a payment to the catalogue prior to that but she definitely didn't make any after early December 2008! So, unfortunately, not sb'd

[FlamingParrot]

Re: Bryan Carter issued litigation proceedings in County Court.

Ok, so the claim arrived. My brother has sent me various pictures of the forms which ill post as soon as i figure out how on my tablet. It says lowell bought the debt in january 2009, so chances are not sb yet.

The date it was bought has nothing to do with it being SBd or not, it's all about when the last payment or written acknowledgment was made.

After sifting through some old emails I was able to determine that my ex girlfriend moved out in December 2008, I've no idea if she ever made a payment to the catalogue prior to that but she definitely didn't make any after early December 2008! So, unfortunately, not sb'd

Any idea when she actually made the purchases?

This may sound a bit personal but, under the circumstances, may be relevant: how long did she live there with you? :confused2: