Bryan Carter & co - and now I have a CCJ for a debt I was paying!!!

avenger

Hi there and help,

check this out and let me know what you think.

In June I was contacted by a Company called Bryan Carter & Co solicitors, I contacted them as they had asked me to and advised me that they were chasing payment for a Vodafone debt. I advised them I had been paying this debt to Moorcroft for over a year. I spoke to a man called Sam who advised if I could get a copy of confirmation from Moorcroft they could look into it, which I posted. After around three weeks a man from Bryan Carter & co advised me that I had a CCJ against me and that bailiffs would be coming to my property, this understandably caused me a great deal of distress, especially when as far as I am concerned I had been paying this debt all along.
I have been making regular payments regardless of how small they may be to Moorcroft for this Vodafone debt via Gregory Pennington (debt management company).
I confirmed with Northampton county court that I have a CCJ, which I was not notified of due to Bryan Carter & Co sending it to my old residence which I have not lived at since the 17 Feb 2008.
I have statements from Gregory Pennington to confirm my payments.
I also have confirmation of my payments to Moorcroft. I have called Vodafone and they confirm they are receiving payments

None of the companies will speak to each other as apparently they ‘cannot speak to a third party’
so who, passed this debt on to who, who was I supposed to be paying and why had I never heard of Bryan Carter & co solicitors until June this year?
Vodafone, say they passed the debt on to a company called Fredericksson, Bryan Carter and Co say they work on behalf of Fredericksson. So who asked Moorcroft to chase me for payment and why is that I have been paying Moorcroft, the debt collection agency that did contact me at my previous address, since March 2008?

I have now had to set up two direct debits both for £10.00 a month for the same debt, one to Moorcroft and one to Bryan Carter & Co solicitors.
Given that Vodafone are still receiving payment via Moorcroft I can only conclude that they didn’t sell the debt on so it must be Vodafone who are at fault that I have two collection agencies chasing me for the same debt.

Does anyone know what I can do?????? Please help.

I would just like to say, I got myself in debt yes, so I accept full responsibility but the way these companies are behaving is absolutely diabolical and they shouldn;t be allowed to get away with it. Bryan Carter and Co had me in tears and I’m no pushover. I can see why people commit suicide over debt after dealing with this bunch of leeches, I’d rather be unemployed than work for such an unethical establishment.

DarkConvict

Firstly, i don't know much about CCJ's. But from reading other posts i believe you would need to apply to setaside the CCJ, so you have a chance to defend against it in your local county court.

As to using 2 debt collection agencies. There are guidelines from the OFT - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Short document so give it a read, but they are not allowed to use 2 debt agencies to collect for the same debt, so Vodafone would be at fault unless moorcroft returned the debt to Vodafone and never told you. I would consider raising a formal complaint with Moorcroft, Vodafone and Fredericksson and put the debt in dispute as they have breached OFT guidelines by using 2 DCA's and thus failing to keep an accurate record of the debt.

c. using more than one debt collection business at the same time
resulting in repetitive and/or frequent contact by different parties

A bailiff has to gain peaceful entry, so in the meantime don't answer the door to people you don't know and park your car away from the property so they can't place a levy against it.

magpiecottage

Dark Convict IS correct in stating that this is unfair practice.

Look at this thread. In this instance, I would make the complaint to Vodafone rather than the DCA/Solicitors.

I would also want the CCJ to be set aside at their expense as part of the redress.

chappers

Indeed I would cancel both of the direct debits as a matter of urgency, never set up direct debits for these sorts of debt repayments(the DCA is in control of how much they take and not you) and set up a standing order to Moorcroft.

You also now need to get the details of the CCJ and apply to the court to have the judgement set aside, Your reason will be that Bryan Carter should never have been chasing the debt and that you had an arrangement to pay set up with Moorcroft.

harrysmum25

these people who sit on there backsides all day constantly calling and txting people are nothing but nasty.. they have been told by me on more than one occaision i have a debt refif order threw citizens advice.. they didnt listen to me infact the woman i spoke to was a very snotty woman she was rude and unhelpful.. i canceled my dd with them and ever since i have continuous phone calls and txt messages from thhem they cause undue stress and pressure.. i explained the situation of my debt relife order and told the woman they would recive a latter from the citzens advice advising thm of the action but she thretened to send the bailfts if i didnt pay £300 there and then i told the woman i would not be paying anything and hung up.. brian carter solicters wants closing down then those who end up out of a job may one day relise they r having a hard time which will serve them right especally if they end up havin to deal with a nasty rude unhelpful piece of work on the phone
:mad:

SwissChris

Get the CCJ set aside. Bryan Carter should have looked into the fact that you were paying somebody else. Also ask for a copy of the letter of assignment. This they should have in their files. If you were paying Moorcroft and the matter had been passed to BC, that is a breach of Data Protection for which Vodafone and BC can be fined. Did BC contact you at you're new address and then get the CCJ against you at your old address? If they did, then BC could again be in problems of Data Protection. Check with the CAB on your rights. You may be entitled to compensation.