Bryan Carter claim CCJ but not on my credit report?

LolitaLove

I've had dealings with Bryan Carter solicitors...they were demanding a highr repayment each month than I can afford, and said they could not accept a lower amount as I had CCJ. This was news to me, as I'd had no correspondance whatsoever from the court, or claim form etc. However I believed them so just had to pay what they demanded.
I looked on my credit report today and there is no record of a CCJ on my credit file.

Do you think this CCJ actually exists? How can I found out for sure?

Also, the debt BC are claiming for is old...will be six years this December...will they be statute barred? Or as I have been paying on the account, will it still be applicable?

Thanks!

hello2007

It will not be stature barred because you have made payments if there is no CCJ on your credit file then there is no CCJ. It is always best to check your credit file and registry trust for evidence of the CCJ.
and never believe anything the DCA or people acting for them tell you.

Tixy

Probably no CCJ - how long ago are they claiming the CCJ was from - if they say it was more than 6years ago then it wouldn't appear on your credit file anymore, but it doesn't sound like it would be that old if the debt is not yet 6years old. To check certain you could check the registery trust online - which is the full register but costs £8 per address you need to search.

Either write to ask them to send you details of the CCJ or if you cannot afford the repayments simply write and tell them you can now only afford X (whatever lower amount you can afford).
Assuming there is no CCJ you could also mention in your letter that they are in breach of OFT debt collection guidelines and you will be writing a complaint to the OFT.

LolitaLove

Tixy wrote: »

Probably no CCJ - how long ago are they claiming the CCJ was from - if they say it was more than 6years ago then it wouldn't appear on your credit file anymore, but it doesn't sound like it would be that old if the debt is not yet 6years old. To check certain you could check the registery trust online - which is the full register but costs £8 per address you need to search.

Either write to ask them to send you details of the CCJ or if you cannot afford the repayments simply write and tell them you can now only afford X (whatever lower amount you can afford).
Assuming there is no CCJ you could also mention in your letter that they are in breach of OFT debt collection guidelines and you will be writing a complaint to the OFT.

Do you have a template letter, or ideas for a letter I could use?
I'm working right now but will be starting a course in September and will be surviving on very little...I'll struggle to pay what they're demanding as I have other debts as well as living expenses etc but they say I have to pay what they demand as it's been ordered by the court.

Sorry for being so cheeky:P and keep asking you questions, I'm just really not good with things like this...don't have a lot of confidence so a template or outline would be really appreciated. Thanks

fatbelly

hello2007 wrote: »

It will not be stature barred because you have made payments.

unless there was a period of six years in which you did not

hello2007 wrote: »

if there is no CCJ on your credit file then there is no CCJ.

unless the judgement date was more than six years ago

mandi

Tixy wrote: »

Probably no CCJ - how long ago are they claiming the CCJ was from - if they say it was more than 6years ago then it wouldn't appear on your credit file anymore, but it doesn't sound like it would be that old if the debt is not yet 6years old. To check certain you could check the registery trust online - which is the full register but costs £8 per address you need to search.

Either write to ask them to send you details of the CCJ or if you cannot afford the repayments simply write and tell them you can now only afford X (whatever lower amount you can afford).
Assuming there is no CCJ you could also mention in your letter that they are in breach of OFT debt collection guidelines and you will be writing a complaint to the OFT.

Sound advice from you Tixy as always .

I've got to say you are one of the most helpful posters in MSE .

:A

Tixy

mandi wrote: »

Sound advice from you Tixy as always .

I've got to say you are one of the most helpful posters in MSE .

:A

:o
Thank you.

mandi

Tixy wrote: »

:o
Thank you.

I've watched you help 100s of people here myself included .

Your a credit to MSE Tixy . :T:A

nottoolate

LolitaLove wrote: »

Do you think this CCJ actually exists? How can I found out for sure?

ask them for the court and case number as you wish to apply to the court for the order to be varied