Bryan Carter

PJB

Hi, please help with the following:

Had agreement to pay Three Valleys Water Debt with Bryan Carter. Made payments and then when made Oct 07 payment i asked for a breakdown of monies owed and paid so far. I confirmed this in writing but never received any reply and never chased it up.

I then received a claim dated 23 Oct 08 for £556.38 (balance owed), interest of £44.51, court fee of £55 and £70.00 solicitors costs.

i phoned them today and at first was told they had not written to me at all the was told they wrote to me in November 2007 to say the agreement was terminated and di not mention court action, which was never received by me anyway.

They then leave it a year and try and claim the interest for that!

Can they claim solicitors costs as this is surely this is a small claim.

My intention is to pay the £556.38 but fight the rest on the basis that they did not provide me with a statement of account and that they never wrote to me (LBA) and would be grateful for any opinions and advice.

Regards

PJB

savingholmes

I would contact Citizen's advice or pm RAS for advice...

RAS

Hi

This is out of my experience but it looks like they are suggesting that they may have taken out a CCJ against you? have you checked your credit records to see if anything is listed on them?

If so you should have received documents relating to the intended hearing and a copy of the judgement.

Did you do so?

If not, you may well be able to set this aside. See here http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

The give NDL a ring directly and they will talk you through the process.

PJB

Please help/advise if you can

RAS

Hi

You need to ring NDL - see here http://www.moneysavingexpert.com/loans/debt-help-plan#help

They are open until 8 or 9pm every weekday night.

fatbelly

Was the letter from Bryan Carter one of those 'if we take court action, this is what it will cost you' letters?

If so, then you paying £556 wil clear the debt.

Your credit file will show if you have a ccj against you.

PJB

Thanks fatbelly,

There is definitely no ccj against me. They have issued and are waiting my defence.

There last letter states that there client is willing to accept instalment payments of £100 per month .......

But they are saying the balance is £725, which includes Court & Solicitors costs and interest which have not been ordered by any Court.

I have already told them i am not willing to accept the £725 figure when they wrote to me earlier in the week and they said they had put the case on hold. Then they send me the same offer worded differently.

They are very poor at best or liars at worst. They told me that WHEN the Judgment was entered, i said i was defending the excess i was told i could not win and when the Judgment was entered i would be credit blacklisted, i asked what this meant and was told that i would not be able to obtain credit from anyone for 6 years full stop. I clarified from anyone and was told i would not be eligible for credit for 6 years as i would be on a credit blacklist!!!

PJB

RAS, i tried ringing NDL and it was an experience!
20 minutes plus on the phone, they kept on trying to arrange a debt plan even though i kept telling them i was able to pay all my existing debts and just needed advice regarding this specific matter. i gave up in the end but managed to speak to a local law centre.