Bryan Carter & Co Op

[chezwitch]

Hello All
I am new to here but think I need some advice, briefly court papers were sent to my old address by Bryan Carter solicitors in 2008 for £600 outstanding after redundancy for a car loan.

I was traced and put in touch with my local court to pay approx £300 which I paid, then a few months later had more letters arrive for another £300 which I paid.

I recently has calls from BC advising I still owe costs I said no way was I paying anything and the calls stopped.

Now I have received another letter from Capital Resolve asking for £350 I have called them and advised I have a CCJ already and a court reference so will not be paying, they referred me to the lender the CO OP Bank as they advised this had been passed on by them.

I called the bank and the woman on the phone was stuck for words and advised she will look into this and call me back * still waiting for the call* I also left her with the court reference number.

I called Bryan Carters who advised they will send me a letter of settlement this week as they have now passed me back to the Co Op.

Does anyone have any ideas what is going on here as I am confused???

Thank You

[bluebottle]

Re: Bryan Carter & Co Op

Hi Chezwitch and welcome to Legal Beagles.

If you only owed £600, why are Bryan Carter Solicitors still chasing you when the CCJ has been satisfied? £600 falls well within the Small Claims Track under the Civil Procedures Rules and the only costs you should have to pay are those stipulated by H.M. Courts & Tribunals Service (HMCTS). If Bryan Carter has added solicitors fees, they are not allowed to do this under Civil Procedures Rules, unless there are exceptional circumstances.

Bryan Carter Solicitors should have sent you the Letter of Settlement when you paid and satisfied the CCJ they obtained on behalf of the Co-op Bank, whom it would appear have been caught on the hop. If the Co-op bank decided to hire a solicitor to deal with a matter that falls under the Small Claims Track, they are not mitigating their losses, as the law requires them to do.

I would certainly make sure you get full and frank answers from Co-op Bank and don't take any BS from them or Bryan Carter Solicitors.

[labman]

Re: Bryan Carter & Co Op

Sadly this is typical Bryan Carter tactics. He sends threatening letters, goes for CCJ's, but as soon as he is challenged over anything turns into a spineless nincompoop!

As BB rightly says, make both the Co-op and Bryan Carter feel uncomfortable about this, and if he has acted wrongly, report him to the SRA.

SRA | Reporting an individual or firm | Solicitors Regulation Authority

[chezwitch]

Re: Bryan Carter & Co Op

Thank you both for your reply I find this helpful as Credit Reference Agencies are a minefield and seem to do as they like!

Well the latest update is Bryan Carter are sending me a letter of satisfaction out in the post but the Co Op called today to advise I still owe them £350 but another judgement will not be served as one has already.

I was advised I must pay this through another CRA and asked to call them ASAP
Do you think they are trying to pull the wool over my eyes?

Can they do this?

Thanks any advice much appreciated

[Hurricane Puffrose]

Re: Bryan Carter & Co Op

how can you owe £350 if youve paid it all?

I suggest a request for you full charges and costs, and what was covered in the CCJ.
Im pretty sure they are required by law to provide this. make sure its owed first!!

[chezwitch]

Re: Bryan Carter & Co Op

Thank you I will request all the information this week so that I have some back up

[bluebottle]

Re: Bryan Carter & Co Op

I would send a Special Delivery Letter to Co-op Bank requesting full details of what this £350 relates to and for proof of a CCJ, if one exists. Give them no more than 7 calendar days to respond. Any BS from them along the lines of "You've got to give us eight weeks" and you will need to send a letter reminding them that the eight-week limit applies only where there is a genuine reason for taking eight weeks. To the best of my knowledge and belief, they have no right, legal or otherwise, to take eight weeks to respond to something like this. If they go into "bully mode", be ready to give as good as you get.