Bryan Carter Solicitors

[richdavis46]

Morning all, I am wondering if anyone can advise me on what to do next.

A couple of years ago I had a CC account with Cap One. A while later I lost my job and couldn't maintain payments. I tried to make arrangements to pay with them, but the amounts they insisted I pay, I just couldn't afford. I eventually told them to "go away" and that I wouldn't pay them anything.

I did request proof of an agreement, and proof that the debt existed from Cap One but this was never forthcoming.

Skip forward to today and various letters from Bryan Carter and a CCJ against me, I have received a "Warrant of Execution" letter from BC. This states that" my account has been referred for issue of a Warrant of Execution at my address and the Bailiff will now attend your property unless you repay the debt"

This seems very much like scare tactics to me but some clarification of this matter would really be appreciated..

Also, where could i get a template letter asking them for proof that the debt exists, and would making a SD end this process.

Many,many thanks in advance for your help.

[CleverClogs]

Re: Bryan Carter Solicitors

I did request proof of an agreement, and proof that the debt existed from Cap One but this was never forthcoming.

Did you formally request a copy of the agreement, under s78 of the Consumer Credit Act 1974, enclosing the statutory fee of £1?

[QUOTE]Skip forward to today and various letters from Bryan Carter and a CCJ against me, I have received a "Warrant of Execution" letter from BC. This states that" my account has been referred for issue of a Warrant of Execution at my address and the Bailiff will now attend your property unless you repay the debt"

This seems very much like scare tactics to me but some clarification of this matter would really be appreciated..

Also, where could i get a template letter asking them for proof that the debt exists, and would making a SD end this process.

No, as you would need to get the CCJ set aside.

[richdavis46]

Re: Bryan Carter Solicitors

I did request the information from Fredericksen some time ago. But it has never been forthcoming. Im not to bothered about the DCA, its the Bailiffs as they have different powers.

As im sure BC have thousands of warrants, is it likely the Bailiffs will actually attend?

[CleverClogs]

Re: Bryan Carter Solicitors

I did request the information from Fredericksen some time ago. But it has never been forthcoming. Im not to bothered about the DCA, its the Bailiffs as they have different powers.

As im sure BC have thousands of warrants, is it likely the Bailiffs will actually attend?

It is almost certain that they will.

Why the buggery didn't you defend the case when Bwyan Carter and Lowells sued you?

[richdavis46]

Re: Bryan Carter Solicitors

I buried my head in the sand like a fool. I will contact them and arrange to pay it off. thank you again for your advice.

[CleverClogs]

Re: Bryan Carter Solicitors

I buried my head in the sand like a fool. I will contact them and arrange to pay it off. thank you again for your advice.

If you really want to do that. You will have the CCJ on your credit history for the next six years, though.

If you can get the CCJ set aside, you may stand a fair chance of success when you shew that neither previous creditors nor Bowells had complied with a s78 request and hence the alleged debt could not be enforced until/unless they did.