**SET ASIDE** Bryan Carter - CCJ without my knowledge, do I have to go to court?

[nemesis45]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

Scott,
What order was made on the 16th October?
Was is the submission made 3rd November??
nem

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

A warrant for control was made on 16th oct. A witness statement was submitted by bryan carter on 3rd november.
The hearing is tomorrow and it has come to my attention that lowell cannot provide proof of debt.

Scott,
What order was made on the 16th October?
Was is the submission made 3rd November??
nem

[nemesis45]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

A warrant for control was made on 16th oct. A witness statement was submitted by bryan carter on 3rd november.
The hearing is tomorrow and it has come to my attention that lowell cannot provide proof of debt.

In what manner is the claimant prejudiced over the order because they are an assignee? What something specific ordered by the
court that the claimant cannot provide or otherwise comply with?

I appears the matter has been left to the court to decide how this is to go forward and or be disposed.

nem

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

The court ordered them to provide documents, proof of debt, which they cannot produce.

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

In what manner is the claimant prejudiced over the order because they are an assignee? What something specific ordered by the
court that the claimant cannot provide or otherwise comply with?

I appears the matter has been left to the court to decide how this is to go forward and or be disposed.
nem

The court ordered them to provide proof of debt which they could not produce.

I dont even understand the paragraph in which the claimant is "predujiced."

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

In what manner is the claimant prejudiced over the order because they are an assignee? What something specific ordered by the
court that the claimant cannot provide or otherwise comply with?

I appears the matter has been left to the court to decide how this is to go forward and or be disposed.

nem

I had sent a subject access request to carter, which was supposed to have been forwarded to Lowell in which i asked for all data held on me.
I included a £10 postal order.

Lowell have stated that the SAR was sent back to me by Bryan Carter, including the postal order and that I should resend the SAR back to lowell because Bryan carter were not the data controlers.

I have not received the postal order or any other correspondence from lowell or BC regarding the capital one debt.

Lowell tried to have me for another debt this week so I decided to phone them to complain. I asked for proof of debt but they could not produce any documents for this new debt either, so they wiped the new debt from my file as if by magic.

Here is a partial account of my conversation (which was recorded)

I asked:
"why would you have to write to capital one for the proof of debt, shouldn't you already have the information before you purchase the debt?"

****** replied:

" when we purchase accounts, we purchase a portfolio of accounts, we don't purchase individual accounts, like i say we purchase a portfolio which can contain numerous accounts. They provide to us certain information relating to our customers and the accounts, so the balances, account numbers, any previous payments, last known addresses. That sort of information they provide to us on sale. They don't provide the documentation to demonstrate the documents on sale.

I then asked "are you buying these debts blindly?"

******* replied:

"we actually perform due diligence before we purchase the portfolios,so what we do is we take a selection of the portfolios, its not every single account within that portfolio because it can be hundreds and it can be thousands in some cases and it would be physically impossible for us to check every single one. We will take at random, a set number of the accounts and we review the information that capital one have."

[nemesis45]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

The court ordered them to provide proof of debt which they could not produce.

I dont even understand the paragraph in which the claimant is "predujiced."

I understand it now full, Carter / Lowell cannot supply the agreement as ordered and are
therefore prejudiced because of this. It has been left to the court to decide how the
case proceeds.

nem

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

The case was set aside due to carter retracing their witness statement and lowell having no proof of debt.

This company has put me through hell, I have had my medication for my GAD increased and i also felt sucidal at one point.

They basically had a ccj on me without even having proof that the debt even existed for the last four years!
Carter and co. should have been treated like the criminals, not me.

Thank you to everyone for your helpful comments.
Never give up. ☺

[nemesis45]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

The case was set aside due to carter retracing their witness statement and lowell having no proof of debt.

This company has put me through hell, I have had my medication for my GAD increased and i also felt sucidal at one point.

They basically had a ccj on me without even having proof that the debt even existed for the last four years!
Carter and co. should have been treated like the criminals, not me.

Thank you to everyone for your helpful comments.
Never give up. ☺

Hi Scot, That's good news !!
What did the judge actually order, is the original claim struck out?

nem

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

Hi Scot, That's good news !!
What did the judge actually order, is the original claim struck out?

nem

I havent received the paperwork yet, i phoned the court and asked if they would tell me the verdict over the phone.
All, i can say is that it has been set aside, they did say that the ccj would be removed from my credit file as well.
Ill keep you updated.

[nemesis45]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

I havent received the paperwork yet, i phoned the court and asked if they would tell me the verdict over the phone.
All, i can say is that it has been set aside, they did say that the ccj would be removed from my credit file as well.
Ill keep you updated.

OK Scot Please let us know what the order is.

nem

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

OK Scot Please let us know what the order is.

nem

Update!

I received this letter this morning:

Upon reading a letter from the claimant and the defendant

IT IS ORDERED THAT

1: The judgrment against (me) is hereby set aside.

2: Upon the claimant requesting that the case be decided on the papers and upon the court finding that the payment made by the defendant in 2011 did not constitute an acknowledgement of the liability and upon the debt being otherwise statute barred:

claim dismissed.

To the defendant.

This confirms, for the purpose of the register of judgemrnts, orders and fines regulations 2005, that:

The judgement giving rise to the registration has been set aside.

A notification will be issued to the kerper of the register of judgrments, orders and fines for the entry to be REMOVED (because judgement was set aside)

This judgement was registered by the county court business centre and the case was transferred to this court.

^^Can someone please translate

[nemesis45]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

Update!

I received this letter this morning:

Upon reading a letter from the claimant and the defendant

IT IS ORDERED THAT

1: The judgrment against (me) is hereby set aside.

2: Upon the claimant requesting that the case be decided on the papers and upon the court finding that the payment made by the defendant in 2011 did not constitute an acknowledgement of the liability and upon the debt being otherwise statute barred:

claim dismissed.

To the defendant.

This confirms, for the purpose of the register of judgemrnts, orders and fines regulations 2005, that:

The judgement giving rise to the registration has been set aside.

A notification will be issued to the kerper of the register of judgrments, orders and fines for the entry to be REMOVED (because judgement was set aside)

This judgement was registered by the county court business centre and the case was transferred to this court.

^^Can someone please translate

With great pleasure Judgement set aside !!
Then the Claimant has asked the judge to test your defence
that the debt was statute barred, the judge on the evidence
before him/her DISSMISSED THE CLAIM!!!

SO YOU HAVE WON!!

Well done!!:juge:

nem [MENTION=49370]Kati[/MENTION] could you amend the title to show case won please. nem

[Kati]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

@Kati could you amend the title to show case won please. nem

Done :yo:

Update!

I received this letter this morning:

Upon reading a letter from the claimant and the defendant

IT IS ORDERED THAT

1: The judgrment against (me) is hereby set aside.

2: Upon the claimant requesting that the case be decided on the papers and upon the court finding that the payment made by the defendant in 2011 did not constitute an acknowledgement of the liability and upon the debt being otherwise statute barred:

claim dismissed.

To the defendant.

This confirms, for the purpose of the register of judgemrnts, orders and fines regulations 2005, that:

The judgement giving rise to the registration has been set aside.

A notification will be issued to the kerper of the register of judgrments, orders and fines for the entry to be REMOVED (because judgement was set aside)

This judgement was registered by the county court business centre and the case was transferred to this court.

^^Can someone please translate

Well Done you!!!!! :grin: arty: :cheer2: :cancan:

[scottay2hottay]

Re: **SET ASIDE** Bryan Carter - CCJ without my knowledge, do I have to go to court?

Thank you for your help. I wouldn't have been able to get here without your support. I love this forum❤❤❤❤

I would like to remind everyone that these so called "debt collectors", buy these "debts" in bulk.
It is physically impossible for them to check each and every one of them and a lot of the time they haven't even got the proof to back up their claims.

If you ever find yourself in a situation where someone is demanding money from you, ask them to prove it first.
And then, throw in a subject access request if you're not getting anywhere with them. It'll only cost a tenner and in my experience, is worth every penny.
☺