Bryan Carter CCJ

[chevsa]

:tinysmile_cry_t: Hi Folks,

My daughter has received a CCJ through Northampton Court for defaulting on a loan. Sadly I've only just found out about it. Looking through this and other sites Mr C is not the most popular of chaps!

She stopped paying the installments to Nationwide last year, I'm still trying to get all the info, the debt has been 'passed' to Mr C &co - although I haven't seen any assignment notices. The claim is for £5609.12, then they've added interest of £374.97 - "pursuant to S.69". There are a other fees added, Court Fee £190 & Solicitors Costs - £100. She has previously made some payments to Carter via telephone and debit card, she can't find any receipts for these.

We don't dispute the actual debt but are unsure how to proceed, the issue date was 03 July 2008. I don't actually know how much had been paid off the loan before she stopped making the repayments.

Any advice would be greatly appreciated.


Many Thanks

[Amethyst]

Re: Bryan Carter CCJ

Hiya - Welcome to the forum. I'll move your post to a better area for you.

sounds like the first thing to do is a information collecting exercise - a SAR to Mr Carter probably a good step. Also when was the CCJ - is it a default judgement ? or a claim against her from Mr C ?

If you can type up what the document you have says on it that would be a great help too.


....I'm mid tea cooking but will move your post and bump someone to take a look and come back in a while xx

Ame

xxx

[Amethyst]

Re: Bryan Carter CCJ

Okay rereading your post it sounds as though she has received an N1 form from the court from Mr C on behalf of Nationwide.

Have a read of wendyb's thread here --> N1 served - Legal Beagles

She needs to submit an acknowledgement of service - if the claim is from Northampton Court (bulk processing centre) she can do this online. Do an intend to defend in full acknowledgement to start with. http://www.moneyclaimonline.gov.uk

If its not Northampton then you can complete the acknowledgement form and return it to the court.

Then we really need to find out some more information about the claim. Once you have acknowledged you have 28 days from 3rd July to submit your admission/offer to pay/defence depending what the exact situation is.

[Curlyben]

Re: Bryan Carter CCJ

Could you please post up the Particulars of claim (POC) exactly as they are stated.
As Ame says one of the best things to do is to acknowledge the claim and give yourself more time to formulate a possible defence. Once you have posted the POC we will have a better idea of how to assist further with this issue.

Do you know if there are any charges associated with this defaulted loan amount and if so how much are they for.

[WendyB]

Re: Bryan Carter CCJ

Have a read of wendyb's thread here --> N1 served - Legal Beagles

Blimey I'm famous!! When people start quoting my threads I know I've arrived lol.

Seriously, as I've proved (with loads of help from CB and Ame) mr c can be dealt with. He is an odious little cretin who deserves everything we can collectively chuck at him. Will read through again and see if I can be of any more use, although i'm sure you're in far better hands than mine already (and i don't really know very much, except to say don't give up, tell your daughter to stick with it and stand up to this creep)

Wendy xx
------------------------------- merged -------------------------------
What is the total debt owed (to Nationwide or Mr C). Perhaps we can get him on abuse of process if he's not put in a claim for the whole amount?

[Curlyben]

Re: Bryan Carter CCJ

Yep waaaay ahead of you there Wendy

We need the full POC.

[WendyB]

Re: Bryan Carter CCJ

Okay smartarse:tung: But I'm learning aren't I??? And you read this thread hours before me.......

[chevsa]

Re: Bryan Carter CCJ

Thanks a lot,

I've got a bit more info from my daughter so I'll check through it and type it up for you.

Once again, many thanks for the assistance.

[chevsa]

Re: Bryan Carter CCJ

OK, here we go:

Nationwide Trust wrote on Jul 19, 2007 requesting immediate payment of outstanding balance of £6340.03. They stated the account would go to a DCA if not settled within 7 days.

31 Oct 2007

First letter from B Carter

Nationwide Trust Limited - Balance £6409.12

"We are instructed in relation to recovery of the aforesaid debt. If not paid within 7 days we have instruction to issue proceedings for recovery... Should proceedings be issued we draw to your attention that additional charges will be added to the existing balance.

Interest

[chevsa]

Re: Bryan Carter CCJ

Sorry about that, fingers a bit too fast for my own good.


From the top:


Last letter from Nationwide dated 19th July 2007.

Balance due was £6340.03, if not paid in 7 days it would be passed to a DCA.

31ts Oct 2007, first Contact from B Carter.

Re Nationwide Trust Ltd, Balance £6409.12

"We are instructed in relation to the recovery of the aforesaid debt. We draw your attention that payment must be made in full within 7 days failing which we have instructions to issue proceedings for the recovery of the same without further notice to you. Should proceedings be issued we draw ti your attention that additional charges will be added to the existing balance:

Interest - £84.28
Court Fees - £190.00
Solicitiors Fees - £100.00

New Balance £6783.40

My daughter contacted Carters and arranged a DD of £200 pcm, this was paid - 02 Jan, 04 Feb and 03 Mar, it was tehn returnde unpaid and cancelled. She made one further payment via phone and debit card of "
£200 on 02 May. No further payments were made.

25 June 2008

Final Notice from B Carter.

Outstanding Balance £5609.12

"Court proceedings will be issed on 30 June 2008 without further notice to you if payment is not received at our office before the above mentioned date."


04 Jul 2008

Letter From B Carter

Re: Nationwide Trust Ltd, Balance £6274.09

"As you have failed to make repaymetns on the abover account we have now issued litigation proceedings in the County Court."

06 Jul 2008

N1 form arrived from Northhampton County Court.

Claimant - Nationwide Trust Limited

Address for sending Douments, Payments - Bryan Carter


The Claimantclaims for the balance due under an agreement which is now all due and payable.

The defendant agreed to pay monthly installments under account number (original Nationwide agrement number) but has failed to do so.

And the claimant claims the sum of £5609.12.

The claimant also claims interest thereon pursuant to S.69 County Court Act 1984 limited to one year to the date hereof at the rate of 8% per annum amounitg to £374.97

The tiotal amount claimed is £6274.09.


My daughter contacted Nationwide today to check the amount that had beed assigned to B Carter, they would not pass on the information. She is certain the above constitute all the contact she has had with B Carter, she has not had any confirmation of payments made to then, either by DD or the phone payment.


Sorry this is a bit long winded but it's all te info we have.


Many Thanks

[Guest]

Re: Bryan Carter CCJ

Ok, as above file the Acknowledgment of Service indicating that you intend to defend in full. This gives you extra time.

As also advised, serve Bryan Carter and Nationwide with an SAR. It is going to cost £20 (£10 to each of them) but this is unavoidable.

If any of the sum claimed consists of charges, it is highly likely that these can be removed and the sum claimed will reduce. This will only be visible however, once you recieve all the information from both Carter and Nationwide, which is why it is important to serve them both as soon as you can with the SAR.

[Niklowe]

Re: Bryan Carter CCJ

I'm unsure of this bit

My daughter contacted Carters and arranged a DD of £200 pcm, this was paid - 02 Jan, 04 Feb and 03 Mar, it was tehn returnde unpaid and cancelled.

------------------------------- merged -------------------------------
Why did they return the payments, if they were agreed by them? Am I thick?

[stevokenevo]

Re: Bryan Carter CCJ

I'm unsure of this bit


------------------------------- merged -------------------------------
Why did they return the payments, if they were agreed by them? Am I thick?

I am thinking by 'returned' he means bounced? then the direct debit was cancelled?

[chevsa]

Re: Bryan Carter CCJ

Yes,

'Returned' does mean unpaid and then cancelled.


Cheers,


Apologies for my stupidity but 'SAR' ? How do we do this?

[Amy]

Re: Bryan Carter CCJ

Here you go, this is the link for the SAR http://www.legalbeagles.info/forums/showthread.php?t=70