bryancarter

owen2014

http /i58.tinypic.com /vhur2x.jpg

Lensman_2

Here you go:
http://oi58.tinypic.com/vhur2x.jpg

The worst case is that the CCJ goes through undefended. They will win by default and the sum on the letter becomes due. However, you will have 28 days to pay (in full) before a CCJ gets registered.

BC often backs off if a solid defence is entered. If you want to defend, head over to Legalbeagles or the Financial Legal Issues forum on CAG.

fatbelly

At this point this is just a threatening letter, so proceed with your strategy as normal.

If you want to offer a full & final settlement then do it (in writing)

A formal request for a copy of your credit agreement (under s77-79 CCA) wouldn't be a bad move at this point either, unless you've already done this.

longtermplanner

I agree, this is just another threatening letter.

Offering a F&F settlement in writing is a good idea. But make it clear that you can't afford to pay anything towards the debt and a friend is offering this money only if a F&F settlement can be acheived. 50% is VERY likely to be accepted, I would be tempted to start a bit lower at 30% say.

owen2014

longtermplanner wrote: »

I agree, this is just another threatening letter.

Offering a F&F settlement in writing is a good idea. But make it clear that you can't afford to pay anything towards the debt and a friend is offering this money only if a F&F settlement can be acheived. 50% is VERY likely to be accepted, I would be tempted to start a bit lower at 30% say.

If I write a letter now and send it recorded delivery offering lets say 30% what do I do in the mean time with the court papers?

I presume I will have them in the next few days - do I just log online and acknowledge the debt and hope Bryan carter agree a settlement or do I try and defend the claim?

I am just concerned that by the time I have sent letters back and forth to agree a settlement + them send me writing to confirm a figure then a CCJ will be granted?


Thanks

fatbelly

owen2014 wrote: »

If I write a letter now and send it recorded delivery offering lets say 30% what do I do in the mean time with the court papers?

I presume I will have them in the next few days - do I just log online and acknowledge the debt and hope Bryan carter agree a settlement or do I try and defend the claim?

I am just concerned that by the time I have sent letters back and forth to agree a settlement + them send me writing to confirm a figure then a CCJ will be granted?


Thanks

If you get a court claim, post again, here and at the other sites mentioned. Let us know at that time how your negotiations went.

Provided you acknowledge a court claim you get 28 + 5 days to respond from the issue date.

We can ask some relevant questions at that time (if it happens)

owen2014

So I have sent a letter to Bryan Carter offering a settlement of £675.00 which works out approx 50% - just awaiting a response.

Today I received court papers - what should I do with them? Hopefully Bryan Carter will accept a settlement, I need to make sure I dont get a CCJ. If that means paying the full amount I will do.

Whats the latest I could make payment - Date of Issue on letter is 10/07/2014? Just expecting Bryan carter to be nightmares to agree a settlement

HappyMJ

You need to acknowledge the claim which gives you a little longer to sort something out. Then once you have your advice either accept it or lodge a defence. A credit agreement that does not exist or has errors in it would be a good defence. Do you have the copy of the credit agreement yet?

You might need to get on the phone to get them to hold off from continuing with the court claim.

A defended court claim can take many months to actually get to court so you have quite a while yet.

fatbelly

Assuming this is Northampton Court, the timescale is a s follows:

Issue date 10 July
Service date 15 July
Latest date to acknowledge service 29 July
Latest date to defend (if service acknowledged) 12 Aug

but don't take it to the wire.

owen2014

If I'm being totally honest I doubt I have any defense - it was a very.co.uk account from approx 2011 that I feel behind with. I don't dispute I used the account at all. Its annoying how much charges these companies apply but I can not change that!

I have logged online to moneyclaim - should I select the acknowledge box asif I am going to defend it?

Thanks