Bryan Carter and CCJ

[bluebirdsforever]

Hi

hopefully someone can help. My partner has recently received a letter from Bryan Carter Solicitors stating that she should make £50 payments towards a Capitol One credit card (now owned by Lowells) that they successfully secured a judgement on.

They sent a financial statement form stating and it was returned stating that there is no surplus money to pay any debts and also stating that the court forms were never received as they were probably sent to her old address.

However BC have now replied insisting that she pay £50 before their clients (Lowells) seek to enforce the action (I assume bailiffs?). She has already stated to Bryan Farters that there is no money available, it is unfair and unjust that no forms were receiver to enter any defence and also that we live in a fully furnished property with no assets - we literally own nothing but for plates, forks, clothes and the like in the property.

So the question is what can be done? Need to reply to these idiots again but unsure which way to go about it

Thanks in Advance
BlueBird

EDIT: sorry thought was posting in BC SOlictors section - Mods please move

[FlamingParrot]

Re: Bryan Carter and CCJ

hopefully someone can help. My partner has recently received a letter from Bryan Carter Solicitors stating that she should make £50 payments towards a Capitol One credit card (now owned by Lowells) that they successfully secured a judgement on.

Was he aware of this judgment? If not, I'd be writing back to them asking for a copy of the alleged judgment. Meantime, you can search whether there is actually a CCJ here: http://www.trustonline.org.uk/search-yourselfhttp://www.trustonline.org.uk/search-yourself

T

hey sent a financial statement form stating and it was returned stating that there is no surplus money to pay any debts and also stating that the court forms were never received as they were probably sent to her old address.

If he didn't receive the court papers and there is a judgment, it may be possible to apply for set aside, depending on the circumstances.

However BC have now replied insisting that she pay £50 before their clients (Lowells) seek to enforce the action (I assume bailiffs?). She has already stated to Bryan Farters that there is no money available, it is unfair and unjust that no forms were receiver to enter any defence and also that we live in a fully furnished property with no assets - we literally own nothing but for plates, forks, clothes and the like in the property.

If it came to that, bear in mind the following:

• You should get an enforcement notice giving you seven clear days before they visit you. Clear days exclude Sundays and BHs.
• It is possible to apply to suspend the warrant
• If bailiffs turn up, you don't have to let them in
• They can't take control certain essential household goods such as the ones you describe above.

So the question is what can be done? Need to reply to these idiots again but unsure which way to go about it

1. Find out if there really is a judgment. I don't trust Mr Carter 100% :lie:
2. If there is a CCJ, look into the possibility of applying for set aside
3. If set aside is not an option, then draw up an income and expenditure form and offer whatever it shows you can afford, even if it's just £1/month. :thumb: