Bryan Carter Debt - CCJ questions

[OCD]

Hi Guys,

I have a query that I was hopeing someone with some experience in this matter will be able to help with.

There was a debt issued against me for £2200, I disputed this amount as I did not recognise it, however the letters from lowell et all continued so I looked further and it was for when I was with my ex partner in the midlands.

The debt was for a phone contract, which was in my name hence the debt being chased. The letters continued and last week they sent county court claims form and began adding interest (£500)

They now was £2700 or a CCJ will be placed against me, I cant have this as I am looking to buy a house so need to avoid a CCJ.

I called bryan carter today regarding this and this is what they said:
-They will accept a F&F offer for £2200 (thus removing the interest)
-The amount will have to be paid by 13/01/2014 or the CCJ will be processed.
-The debt will appear as "partially satisfied" on any credit report ??? - please help with this one!

I have said I will pay once the details have been received in writing.

Now this is where I have the issue regarding CCJ

How will the county court know this claim has been agreed and settled? As I dont want to pay bryan carter the £2200 and then they begin chasing the interest or process the CCJ?

Are bryan carter obliged to update the county court claim to reflect the new amount (£2200) and will this show on the money claim online website?

Is there any way for me to check if BC have already put a CCJ against me?


Thank you!
OCD

[CleverClogs]

Re: Bryan Carter Debt - CCJ questions

Someone will be along later with experience of Bwyan Carter but, for now, I have a few questions:

1. Was the debt incurred with your knowledge or permission?
2. When was the debt incurred?
3. When was the debt last acknowledged by you in writing?
4. When was the debt assigned to those turds at Bowells?
5. When did you receive the claim form?
6. Have you acknowledged receipt of the claim form?

[OCD]

Re: Bryan Carter Debt - CCJ questions

Hi,

1.The debt was not incurred by my permission, the contract was on my name but my partner at the time was using it.

2. Debt was incurred in 2010

3. I acknowledged the debt via the county claim form (money claim online) on 10DEC13

4. Cannot say

5. The claim form was sent to me on 28NOV13

6. Yes, I have acknowledged receipt of the form


Thanks,
OCD

[OCD]

Re: Bryan Carter Debt - CCJ questions

Can anyone assist with the above? I am still waiting the documents from Bryan Carter.

Also can anyone point me in the right direction as to where I can find out if a CCJ has been put against me.

thanks!

[CleverClogs]

Re: Bryan Carter Debt - CCJ questions

They do not yet have a CCJ against you, as the matter has yet to go to court.

If you want to check on this, the easiest way would be to check your credit file with any of the three credit reference agencies.

I know that you replied that your partner at the time had incurred the debt without your permission, but did you take out the 'phone agreement or did your partner take out the agreement in your name?

[OCD]

Re: Bryan Carter Debt - CCJ questions

There is nothing appearing on the credit reference agencies so doesn't appear that the CCJ has been filed. The agreement was taken out by myself on my name but for my (ex)partners use.

i have received the attached communication from Bryan carter, stating that the F&F settlement offer. It says if a default has been entered then it will appear as partially satisfied. However if I pay this before a default has been entered then there will be no mark on my credit history .. Am I correct?

also I was looking to pay this settlement via a third party, is the the correct way? Also what is the best method, card cheque? Ultimately I don't want them to chase me again for this.


Thank you all guys, the end is almost here.

[OCD]

Re: Bryan Carter Debt - CCJ questions

Can anyone urgently assist with the above? I have a couple of days to settle this account and want to have all bases covered.

Thanks guys!!

[OCD]

Re: Bryan Carter Debt - CCJ questions

anyone?????

[FlamingParrot]

Re: Bryan Carter Debt - CCJ questions

There is nothing appearing on the credit reference agencies so doesn't appear that the CCJ has been filed. The agreement was taken out by myself on my name but for my (ex)partners use.

You can search the CCJ record here: http://www.trustonline.org.uk/search-yourself

i have received the attached communication from Bryan carter, stating that the F&F settlement offer. It says if a default has been entered then it will appear as partially satisfied. However if I pay this before a default has been entered then there will be no mark on my credit history .. Am I correct?

It doesn't say anything about no mark on your credit file. What it says is that any default would be recorded as partially satisfied, which would reflect the sequence of events. Lowell are a debt purchaser so presumably the original creditor would have recorded a default in the first place, when you broke your contractual agreement, prior to assignment to Lowell. Have you checked your credit files to see if there is a default?

also I was looking to pay this settlement via a third party, is the the correct way? Also what is the best method, card cheque? Ultimately I don't want them to chase me again for this.

Thank you all guys, the end is almost here.

Ideally you should settle via a third party cheque, attached to a letter along these lines:

Dear Sirs

Ref: xxxxxxxx

I write with reference to your recent communication regarding an outstanding balance on the above mentioned account and your client's willingness to accept £2394.69 in settlement, as a one-off payment to be made within 7 days of receiving your response, so long as this response agrees with and ensures that the following actions will be carried out:

• Your client accepts £2394.69 in full & final settlement of this account with no reference or future ability to quote or use Penny v Cole [Pinnel 1602] in trying to recoup any written off balance;
• The Status of the account will change from “Defaulted” to “Settled”;
• The Current Balance will appear as £0.00;
• The Default / Delinquent Balance will be set to £0.00;
• Your client will update the entries on all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on headed paper, confirming that you're happy for a single payment of £2394.69; and I'll then send a cheque so we can close this and move on.

I look forward to your response.

Yours faithfully,

[FlamingParrot]

Re: Bryan Carter Debt - CCJ questions

Can anyone urgently assist with the above? I have a couple of days to settle this account and want to have all bases covered.

Thanks guys!!

I'm sorry I wasn't around to reply sooner. You can send the letter by email as well as by post.

[OCD]

Re: Bryan Carter Debt - CCJ questions

Hi FP

thank you for your reply.

There is nothing regarding a default or CCJ - so that's fine.

Payment needs to be made by 13th Jan, I don't have time to send cheque. I was looking to settle the account via an online payment from a third party. Do you think this will be ok? To be honest at this point, this is the only solution available.

[FlamingParrot]

Re: Bryan Carter Debt - CCJ questions

Hi FP

thank you for your reply.

There is nothing regarding a default or CCJ - so that's fine.

Payment needs to be made by 13th Jan, I don't have time to send cheque. I was looking to settle the account via an online payment from a third party. Do you think this will be ok? To be honest at this point, this is the only solution available.

If you are going to do that, make sure you also send the letter by email (you may need to amend it to reflect payment method). It is important that the letter goes with the payment, to stop any possibility of being chased for the balance - I have been .

I would suggest using this service to track whether the email has been read. It's a paid service but you can have up to 10 messages on free trial: http://www.didtheyreadit.com/

[OCD]

Re: Bryan Carter Debt - CCJ questions

Thanks FP, I cannot see an email address, do you know where I could find one for BC?

final question - Should I make an account with BC for proof of payment or shall I do a one off payment?

thanks

[FlamingParrot]

Re: Bryan Carter Debt - CCJ questions

Thanks FP, I cannot see an email address, do you know where I could find one for BC?

final question - Should I make an account with BC for proof of payment or shall I do a one off payment?

thanks

There is an email address on their contact page: https://www.bryancartersolicitors.co.uk/contactus.aspx

They don't make it very obvious because they say they don't accept service of documents by email or fax, however, you are not really 'serving' documents. You should also send the letter by post, using recorded delivery.

This is a one off payment, since you are settling this in full and final, thus no need for an account with BC. Ideally you should get a third party to make the payment on your behalf. :thumb:

[OCD]

Re: Bryan Carter Debt - CCJ questions

I have sent the payment via a third party and also the email using your email tracking service. Thank you!!

also the attached letter indicates this is a full and final settlement surely this can be used as my defense? I made the payment a few hours ago as I was unsure if I would get a response in time, I made an account and after the payment the balance on the account was zero and stated it was settled. I should receive written confirmation of this?