Help with an old Capital one debt

sanctuary1

Been looking at another site and it comes up with alot of claims by Bryan Carter are done via split claim, some people are saying that once the amount is paid off(the ccj) that he can't ask you to pay the rest, some are saying that he can.
Something about section 35 of the county court acts 1984 make it unlawful to split the action into two seperate claims.

Thanks for your advice will try debt advice line when i have a a bit of time to speak to someone on the phone.

ALIBOBSY

I reckon they may be trying to claim for solicitors costs, in the small claims court they should only get the court fees not anything else-but if the ccj is unchallenged at the time of application they sometimes sneak then through.

I would ask for a breakdown of what the figure they quote is made up of. They would have a hard time in court if they tried to apply for a ccj for any higher amount as the judge would question why they waited so long to proceed.

Don't call them on the phone as carter and co are well known for lying. Ask in writing for a full breakdown of the account and in the meanwhile stick to the letter of the court order.

ali x

king100

Please let us know how you get on with the phone call. Will do some digging myself for you.

fermi

Bryan Carter were ones I was thinking of, because as you say they seem to make a habit of issuing claims like this.

I can't recall anyone ever posting a convincing argument/reason as to why they do it, but there presumably is some logic to it?

king100

sanctuary1 wrote: »

Been looking at another site and it comes up with alot of claims by Bryan Carter are done via split claim, some people are saying that once the amount is paid off(the ccj) that he can't ask you to pay the rest, some are saying that he can.
Something about section 35 of the county court acts 1984 make it unlawful to split the action into two seperate claims.

Thanks for your advice will try debt advice line when i have a a bit of time to speak to someone on the phone.

You are correct they cannot dplit the claim and from looking at other posts he is well known for this course of action.

The CCJ is for £XXX amount, when that paid off it will be settled.

End of finished.

king100

fermi wrote: »

Bryan Carter were ones I was thinking of, because as you say they seem to make a habit of issuing claims like this.

I can't recall anyone ever posting a convincing argument/reason as to why they do it, but there presumably is some logic to it?

I think from reading elsewhere they like to get some charges in there.