CCJ and Bryan Carter HELP

JDOG1982

Hi all

After some advice.

I've had a CCJ filed against me in Feb 2014 which I was only made aware of 2 weeks ago as it was sent to old address. I never gave the creditor this address as I was only living their for a short period of time and the debt was very old.

I have sent Bryan Carter the statute barred letters stating that the debt is over 6 years etc and I have paid and sent the N244 form to the court to try and get CCJ set aside as I believed I had not made contact or payment within the 6 years of them getting the CCJ.

I got a letter back stating I had made a payment in August 2008 for £12.50. I did not believe this so sent another letter to them asking for proof of this payment. Meanwhile I requested bank statements to see if I had, and it looks like it's true and I have made a payment.

So they have got a CCJ just a few months before it would of came statute barred.

what is my next move? Do I not have a leg to stand on? Am I just going to have to pay?

Thanks

Lensman_2

I am no expert but I have read you need to have grounds for a set aside and a realistic prospect of a successful defence.

I think this turns on the statute bar "clock". It was stopped in February by the application. I don't know if the set aside
puts the debt back where it was - if so you would now have more than 6 years.

There are experts here who may pop in over the weekend. If not National Debtline would be worth talking to.

So, it depends. Without the statute barred defence you may not have a real prospect of defending so your set aside application may fail.

JDOG1982

Lensman wrote: »

I am no expert but I have read you need to have grounds for a set aside and a realistic prospect of a successful defence.

I think this turns on the statute bar "clock". It was stopped in February by the application. I don't know if the set aside
puts the debt back where it was - if so you would now have more than 6 years.

There are experts here who may pop in over the weekend. If not National Debtline would be worth talking to.

So, it depends. Without the statute barred defence you may not have a real prospect of defending so your set aside application may fail.

Before I received my bank statement I believed I had a real case that's why I sent off the N244 to the court. But seems on my statement I made a payment when Bryan Carter stated I had. So they took the ccj just before it would of been statute barred.

JDOG1982

Just wondering what my options are now? Do I just go to court and see what happens?

sourcrates

JDOG1982 wrote: »

Just wondering what my options are now? Do I just go to court and see what happens?

If you do admit making that payment then you cant use the SB defence unfortunately.


I think its going to be a case of making a reasonable offer of payment to them, or payment in full, if you do this within 28 days of judgement the CCJ will not be recorded on your file.

JDOG1982

sourcrates wrote: »

If you do admit making that payment then you cant use the SB defence unfortunately.


I think its going to be a case of making a reasonable offer of payment to them, or payment in full, if you do this within 28 days of judgement the CCJ will not be recorded on your file.

i have admitted to nothing but Bryan Carter has sent me a letter stating that I made a payment which is within the 6 years prior to them getting the ccj so debt is not statute barred. After receiving old bank statements I see I have made a payment when they said I have. They got the ccj out in February 2014 and the debt would of been statute barred in August 2014. My last payment was at the end of July 2008.

As I thought It was over 6 years i s not court N244 form to set aside and requested Bryan Carter to send me proof that I made I payment. But I can see on the statement I got from bank yesterday it shows I did make payment.

So I am waiting to hear back from Bryan Carter with proof and waiting to hear back from court from the N244 I sent.

Just unsure what to do as I'm sure Bryan Carter will provide proof.

sourcrates

You don't mention how much the debt is for ?,


are you in a position to repay it in full ?,
because, if as you suspect, BC provide proof of the payment,
then the game is up, so to speak.
As I said earlier, if you clear the debt within 28 days of judgement, no CCJ is recorded on your file.


Would that be something you would be able to do ?

Marktheshark

Did you make the payment or hs "someone" committed fraud by using old DD details to set up a new one ?
Get on to the bank and see how the payment was made and by what means.

chanz4

JDOG1982 wrote: »

Before I received my bank statement I believed I had a real case that's why I sent off the N244 to the court. But seems on my statement I made a payment when Bryan Carter stated I had. So they took the ccj just before it would of been statute barred.

if this is the case, to avoid a ccj set a plan up as they will use the payment