Help!! Bryan Carter Solicitors Taking Me To Court

[McWILLS]

Please can someone help!! I have an outstanding debt with Capital One which was bought by Arrow Global LLC, but I was informed by Fredrickson International that Arrow had taken over the debt. So on the 31/05/07 i sent a £1 Postal Order and a request letter for a copy of my Consumer Credit Agreement proving my debt to this group and up to today heard nothing. Then this am I have had a FINAL NOTICE from Bryan Carter & Co that unless I pay £1075.00 by 10th August I will be going to Court. I have just phoned them explaining that I have not received anything from Fredrickson (they cashed the Postal Order though) and this very stuck up fella on the other end of the phone told me that there was no copy of the letter and that only the postal order was cashed. He said that they would be issuing Court Proceedings and that I would have to put in a part admission because most of the above amount is charges and I was waiting to hear from Fredirckson before trying to claim these back. I suppose I am too late now and wil have another CCJ against my name as he was very snotty to say that the letter requesting the CCA wouldn't make any difference anyway.

Anyone got any ideas of what I should do next. Any help greatly appreciated.

Thanks

[mrmarmite]

don't panic.just send the morons at bryan carter another CCA, just like i done, they rang me today even tho i got letter of court action being taken on the 2nd. my dca is frederickson international aswell, and it about a cap 1 card lol.

i noticed the other day carter is a subsid of another comany, strange thing is neither of them are regiseterd at companys house, they sound bit dodgey to me.

as i said just send them a CCA asap and start the clock

[rory32]

I suppose I am too late now and wil have another CCJ against my name

No, not if you defend it on the basis that they can not provide a copy of the agreement.

he was very snotty to say that the letter requesting the CCA wouldn't make any difference anyway.

Well he would say that wouldn't he. Lets face it he's not there to help you. I think you will find that the letter requesting a copy of the agreement makes all the difference.

[McWILLS]

Thanks for the advice, so if i send another letter requesting my original consumer credit agreement with Capital One what is the time scale for them to reply please and if they do take me to court I can defend the whole amount or only part because most of it is made up of charges which I want to claim back. Sorry for the questions but after the phone call yesterday i really want get it right. I cannot down load the template letters on here for the debt collection section dont think I have got the software, can anyone help with the correct wording, quotes etc.

Many thanks again.

[mrmarmite]

timescale is, send asap by recorded/special deliver, watch on royal mail web site for delivery, now wait 12 working days, if you dont get wat you asked for in CCA by LAW they can't demand any monery off you, now start the 30 days (inc weekends) if you still not received the CCA details by LAW they cannont persue you, if they ignore it make complaint to OFT.

IF you receive court papers through the door, DON'T PANIC, defend the claim and inform the Courts you have issued an CCA requset and are waiting for a responce the court will issue a stay for a month or so,

If court taken AFTER the 12+30 days yet again inform courts that they were issued withh CCA on watever date and they have failed to respond in the timeline, therefore they have NO legal right to this debt, court will confirm this and more than likly through it out,

unless it for VERY large amount it very unlikly they take court action. one they receive cca from you they will threaten you more, just stay calm there a thead on DCA's telephoning and harrasing stuff look it up

[McWILLS]

Thanks Mr Marmite,

They have already had one request for CCA sent on 31st May to Fredrickson they cashed the Postal Order and took the £1 off my debt! They said they had not received the letter though strange as it was in the same envelope as the Postal Order? Unfortuantely didn't send it recorded delivery or if I did I cant find my slip, stupid I know but have sent a letter yesterday to Bryan Carter recorded delivery saying that their Client was issued with a CCA request on 31st May and until they provide me with the paperwork no further action should be taken by themselves I put a copy of the letter sent in May in as well, and they should liaise with their client for further information. Should I send another CCA request to Fredrickson as they are saying they never received the first (even though they cashed the Postal Order) or leave it as it is for now and wait for a reply.

Many thanks.

[rory32]

The cashing of the postal order is sufficient proof of receipt.

[mrmarmite]

yup totaly agree with rory32, they cashed it so it's proof. let them take you to court and defend it. IF/when you get court papers through say u sent cca and they refused to honour it in the timescale and supply cca letter with copy of proof of delivery and copy of postal order. They FAILED to provide any evidence that you owe this debt by not supplying the credit agreement. if 12+30 days expired they have NO legal right to this debt by LAW, u need to complain to trading standards and OFT sooner rather than later,

have a look round cag, there is template letter u can send to fredpay saying they have no legal right to debt blah blah blah, send by recorded del/spec delivery.

I'm wondering if it's worth sendin bryan cart a copy of CCA and to take note that no other communication will be entered into as fred has commited a criminal offence and you have notified trading standards aswell as OFT. also add " Should you ingore this letter you will make a complaint to OFT about carter and you will contact the police because you beleive they are commiting fraud CLAIMING you owe them money without providing PROOF they have legal right to this debt.

that should stop it, BUT you really DO need to compalin about them. in the UNLIKLEY event of court action you can say to courts that u complained to OFT and TA hope by then you will have case numbers, judge will just through it out then

[McWILLS]

Thanks again Mr Marmite, I have sent a copy of the CCA letter to Bryan Carter along with a letter telling them that I have asked for a copy of my CCA on 31st May and that until this is produced they should take no futher action, but they have already gone over the time line so will have a look for that letter but I know I have had trouble dounwloading these letters before I haven't got the correct software on my computer and I am not able to look at them.

I think I will make a complaint to the OFT about these two companies because I have got a feeling they will issue Court Proceedings anyway I sent the letter to Bryan Carter by Recorded Delivery and marked the envleope URGENT PAYMENT ENCLOSED!! Just to make sure they would sign for it!!

[mrmarmite]

sweet. just chill out and relax, as i said before IF they take you to court just send copy of cca and proof they received it back. should fred or carter keep buggin u look in harassement bit on this site for template letters, that will put stop to it, soz late reply I been away. for your info, i sent cca to carter while back now and i not got/had any telephone/post from then

[setmefree]

Originally Posted by McWILLS

I have just phoned them explaining that I have not received anything from Fredrickson (they cashed the Postal Order though) and this very stuck up fella on the other end of the phone told me that there was no copy of the letter and that only the postal order was cashed.

MMM if they say that no letter was recieved, then how do they know what the postal order was for and from whom ???.
Yet another Dirty trick from the Carter crew,report them to the trading standards.

[payingonlyencouragesthem]

It's a waste of time trying to deal with BC on the phone. I think you will find your letters will do the trick. If they do issue court proceedings without CCA compliance we have some tried and tested tactics that will stop them in their tracks. Keep us posted.

[mrmarmite]

any out come on this?????

just clearing up some old threads