Bryan carters solicitors

[Superlee82]

Hi, I have received A judgment for claimant letter this morning from Bryan carters solicitors on behalf of lowell portfolio ltd. I believe it to be in relation to an issue I had with argos 5 years ago. In which I had to return a faulty TV, and because I was paying in installments argos refunded my payments back to me after I had to prove the TV was faulty via manafactural fault. After returning TV, I had a call from argos asking me to pay for TV, And I told them it had been returned. As far as I was concerned that was that. Is this a scare tactic or do I need to treat this more serious?? Any comments would be appreciated!!

[Amethyst]

Re: Bryan carters solicitors

Hi Lee

Is the letter from the court with a claim reference number that looks like http://i58.tinypic.com/2j2gkch.jpg ? Or is it a letter direct from Bryan Carter solicitors about a judgment ?

IF it is a judgment then set aside does need to be applied for to the court quite quickly, or the judgment paid, within 28 days of the judgment date - else it will get stuck on your credit file for the next 6 years. A set aside will keep it off your credit file and enable you to defend the claim.

Do you have anything in writing / email etc about the return of the TV ? As it was five years ago you might be pushed getting anything from Argos to help, but might be worth giving them a call on Monday to see if they have a record of it, or at least the call noted. You might have something showing on your bank statements regarding them returning the original payments to you ?

What kind of credit did you have the TV on originally ? was it a credit card or a catalogue account arrangement ?

Sharon.

[Amethyst]

Re: Bryan carters solicitors

This is a bit of info on the set aside application - http://www.legalbeagles.info/forums/...lication-notes

[Superlee82]

Re: Bryan carters solicitors

Hi sharon, it was on an argos store card. When they first contacted me, they said they had received the TV back and that's why they refunded me my payments. Unfortunately due to the time elapsed, I don't have any proof of collection, but I might be able to contact my bank for the information of the cheque they sent. The letter states I have to make my 1st payment by 03/09/15. I owe these people nothing and refuse to pay them, but I have a young family and don't want to risk bailiffs coming round when I'm out. Is it best to contact these people??

[Amethyst]

Re: Bryan carters solicitors

Well I think you should defend if you have a default CCJ against you, which means applying for set aside else it will damage your credit file for six years - which is unfair. Firstly though we need to know if the letter is actually a judgment from the court or Bryan carters trying it on by suggesting you have a CCJ. Is the letter like the one in the link or is it direct from Bryan Carter?

Argos WILL have a record so we can do a subject access request on them to get the information about your account history - they might give it to you without a SAR ( as that costs £10 and takes up to 40 days) so give them a call Monday before doing anything else.

IF it is a new default judgment then no bailiffs won't just come round, you have 28 days to pay first of all, and then Lowell would have to apply for a warrant of execution and give you 14 days notice, so don't worry about anyone knocking on the door just yet xxxx

[Berniethebolt]

Re: Bryan carters solicitors

Are you saying that you bought the TV on a store card but when you returned it Argos refunded you in cash (or cheque) i.e money you could spend or did they say they had credited your card so the balance should be 0

[nemesis45]

Re: Bryan carters solicitors

Are you saying that you bought the TV on a store card but when you returned it Argos refunded you in cash (or cheque) i.e money you could spend or did they say they had credited your card so the balance should be 0

What has been said is quite clear, TV on instalments TV fails and is returned, instalments paid to date refunded, Argos then demands payment for TV this quite rightly does not happen, Argos flogs debt, 5 years later Carters client get CCJ by default.
PO seeks to set aside if I read this correctly.

nem

[Amethyst]

Re: Bryan carters solicitors

Actually, Bernie may have a point there -

but I might be able to contact my bank for the information of the cheque they sent.

Lee, do you recall what happened with the store card account at the same time ? Did you continue getting statements etc ? basically - Did they refund you installments you had already made by cheque or take them back off the account - or just close the account and refund the payments already made by cheque ? Or did they refund the entire amount for the TV by cheque and leave the balance on the store card?

From your earlier post I took it that you had an installment arrangement to pay for the TV, when it was returned the account was ended and the installments you had already paid were refunded.

So the issue MAY be they refunded the installments but forgot to close the account down leaving the balance growing on there for years until flogging it off to Lowell.

Best speak with Argos Monday.

[Superlee82]

Re: Bryan carters solicitors

Thanks guys for your help, I hope it is as simple as them not closing the account. Hopefully have it all sorted on Monday, but at least I'll get some sleep tonight.
Nb, I received no statements after the TV was returned, hence me finding all this a bit of a surprise. Will update Monday, thanks once again!!

[Berniethebolt]

Re: Bryan carters solicitors

Amethyst
Thank you, I didn't think it was clear at all and some clarification was needed.

If they refunded by cheque and Lee did not clear the balance on the card then there may be a problem.

[nemesis45]

Re: Bryan carters solicitors

Thanks guys for your help, I hope it is as simple as them not closing the account. Hopefully have it all sorted on Monday, but at least I'll get some sleep tonight.
Nb, I received no statements after the TV was returned, hence me finding all this a bit of a surprise. Will update Monday, thanks once again!!

I thought it was pretty clear cut, it's fairly common occurrence I understand with returns to Argos when items are on instalments, left hand & righthand not knowing what each other is doing.

nem

[FlamingParrot]

Re: Bryan carters solicitors

Hi sharon, it was on an argos store card. When they first contacted me, they said they had received the TV back and that's why they refunded me my payments. Unfortunately due to the time elapsed, I don't have any proof of collection, but I might be able to contact my bank for the information of the cheque they sent. The letter states I have to make my 1st payment by 03/09/15. I owe these people nothing and refuse to pay them, but I have a young family and don't want to risk bailiffs coming round when I'm out. Is it best to contact these people??

They are not going to send bailiffs straight away, they'll need to apply for a warrant of control and that won't be until after the 3rd of September, by which time you should have submitted your set aside application. Under new regulations that came into force only last year, they have to send you an enforcement notice giving you at least 7 clear days (excluding Sundays and BHs) before any bailiffs visit. They are no longer allowed to climb through a window, only come through an unlocked door. Even when a warrant has been obtained, it is possible to apply to suspend it, so there's no need to worry about that side of things.

I'd say try to get as much info as possible from Argos so you can submit your set aside application. :thumb: