NatWest BANK - CCJ - Bryan Carter & Co. - Page 2

SHERLOCK · 24th December 2006, 13:52

the court claim was for £4800. Can you ever get closure in this situation? Would it be a case of leaving it and wait and for how long?
I understand they cannot enforce without going to court, but can the debt be legally written off if they don't comply to the Subject Access Request/CCA or is that a separate issue?
Didn't want a letter in six months starting this all over again.

SHERLOCK

djweeble · 24th December 2006, 15:01

Neither the Subject Access Request or CCA failure get a debt written off, however, you have a letter from them stating

Quote:

TAKE NOTICE, that the claimant hereby wholly discontinues this action against the Defendant.

Plus a copy has been filed with the court, I can't see any judge allowing them to re-start the proceedings with this as evidence against them.

NailPost · 24th December 2006, 16:17

Carters paid for filing the claim and they withdrew - do you have any costs associated with this matter - time, solicitors, postage costs etc. That wouldbe worth pursuing if only to use as a lever to get Carters, NatWest etc to completely and utterly close the file for ever.

If you have served a SARN it must be responded to, it is unconnected to the court action, so if this is ignored that must be reported to the Info Commissioner. Further cause for leverage in that instance.

SHERLOCK · 24th December 2006, 16:22

With Regard This Claim, Obviously Time Researching, Filing Letters, Printing, Recorded Delivery And As A Consequence The Sra And Cca Requests And Distress This Has Caused.
All Postage Recorded.

IS THERE A LETTER TO ASK THAT THE ALLEGED DEBT BE WRITTEN OFF?

djweeble · 25th December 2006, 00:27

Why not simply write to them confirming your reciept of their letter dated XX/XX and asking for clarification.

payingonlyencouragesthem · 25th December 2006, 16:10

Quote:

Originally Posted by SHERLOCK

Didn't want a letter in six months starting this all over again.

SHERLOCK

Thunderpuss2k seemed to be saying something like that happened to him - wonder if he could shed some more light. Otherwise would have thought this unlikely unless a DCA buys the debt off them. Banks obviously operate on much slimmer margins than credit card companies so try to avoid legally writing debts off (even when they know they're noncollectable) to massage their profit figures. One wonders what kind of garbage is really lurking on their balance sheets

ian cognito · 25th December 2006, 19:42

You need to hang onto the paperwork, put it somewhere safe and leave it there. I had all mine for around 15 years then shredded it a couple of years ago and kicking myself now.

I would just sit back and see what they turn up, if anything, I doubt they would have withdrawn if they had the evidence they needed so either they n longer have the original stuff or the debt is made up mostly of charges which they know you will be claiming back. Either way, you have to end up the winner?

SHERLOCK · 25th December 2006, 21:36

ultimately that would be great, although not my initial reason for this action.
I thank you all for your advice and may it be still forthcoming.
I will have to see what S.A.R - (Subject Access Request) brings I guess.

Did PM Thunderpuss as that is whom I got the original response, not heard back yet, has been a while?

Keep you all posted as to next step, problem is sometimes you get TOO many scenarios and not sure which to take??

chip76 · 28th December 2006, 00:33

Were Bryan Carter issuing a claim for the full balance of the debt, or only part of it?

An odd question I know, but I've seen a number of cases recently where Equidebt / Bryan Carter have been chasing the arrears of a debt only, yet have issued a CCJ for the arrears. Largely Citifinancial debts in the cases I've seen, but I'm wondering if this is a tactic they're trying more widely.

By issuing a claim for the arrears alone, they are mis-using the County Court process, and I'm wondering if this was the situation in your case, and they've bottled it when it looked like they'd be challenged over this highly dubious practice?

storm · 28th December 2006, 12:38

Just to let you know Bryan Carter did claim for about 25% of the balance of my wife's Nat West Card through the County Court, so could be a normal tactic

SHERLOCK · 28th December 2006, 12:49

That I can only answer when I get the statements, BUT as I am aware this was around the amount they applied for in the previous court claim (of which I did not contest, as I didn't know my rights..THANK YOU CAG!!) and as I said before I/we cannot recollect if the alleged amount was an overdraft or loan or combination of both and the account has been closed since god knows when and the only letters I got were from BC&CO.

Nothing would be beyond the creditors as people are now finding out, but they are feeling the heat thats for sure and are having to do everything by the book now that we are questioning their moves.

SHERLOCK

NitrousOxide · 28th December 2006, 16:26

Quote:

Originally Posted by chip76

Were Bryan Carter issuing a claim for the full balance of the debt, or only part of it?

An odd question I know, but I've seen a number of cases recently where Equidebt / Bryan Carter have been chasing the arrears of a debt only, yet have issued a CCJ for the arrears. Largely Citifinancial debts in the cases I've seen, but I'm wondering if this is a tactic they're trying more widely.

By issuing a claim for the arrears alone, they are mis-using the County Court process, and I'm wondering if this was the situation in your case, and they've bottled it when it looked like they'd be challenged over this highly dubious practice?

See my thread HERE

SHERLOCK · 28th December 2006, 17:04

I'm fairly positive that this is the full amount, maybe they are doing this recently, not sure how long your claims go back.
THEY DID PULL THE CLAIM SO DIDN'T EVEN GET THEIR COSTS.
This is 10 years old!!

SHERLOCK

NitrousOxide · 28th December 2006, 19:55

Hi,
I'm glad you fought back and stood your ground. They seem not to go for harder targets.

SHERLOCK · 9th January 2007, 15:17

I do have within my DMP a template that requires the creditor to provide details of your indebtidness to themselves.........nature of agreement, is borrowing secured, balance outstanding etc.

Was wondering if this would be useful should NatWest not be forthcoming with CCA/Data Protection Act Requests ( NOWT RECEIVED YET!!)

The Phantom · 9th January 2007, 19:15

Quote:

Originally Posted by SHERLOCK

I do have within my DMP a template that requires the creditor to provide details of your indebtidness to themselves.........nature of agreement, is borrowing secured, balance outstanding etc.

Was wondering if this would be useful should NatWest not be forthcoming with CCA/Data Protection Act Requests ( NOWT RECEIVED YET!!)

Sorry to jump into this thread, but I am in a similar albeit not identical situation with NatWest. They have started proceedings against me (see my thread Overdraft on joint account) and I am trying to stand my ground a bit so they can't walk over me completely.
I have sent them Subject Access Request (no reply so far) and the letter template within this thread you have used for Additional Information request. That is dated 23.12. and I have given them 21 days, so deadline to supply true signed copies expires this Saturday. They replied to this request for info letter today saying they got my letter and they have forwarded my request to the relevant departments. See what happens. I am surprised that they start proceedings against someone without having the necessary evidence at hand in their court proceedings file. Maybe they assume people will just admit to the debt and that's it. Their reasoning is totally beyond me anyway, but never mind.
But as you have been down a similar road any help would be of immense help
Phoned CAB today and just got an answering service they are closed for training purposes. Great
Will start writing my defence over the next couple of days, but ANY help would be of so much use !!!

SHERLOCK · 11th January 2007, 12:16

Whilst replying to Nicole it reminded me of a thread I read whereby people are claiming for the extra interest paid on mortgages/loans when there is a ccj/default on your file and they successfully get them removed.

Just a thought, as BC&Co. placed this ccj on my file previously (I didn't defend), if they cannot produce the agreement and/or the account was all or mostly charges ( I presume this would have been the case when the first ccj was applied, does this still make it unenforceable and thus unlawful?) can I reclaim the charges plus the extra interest paid.

Any thoughts welcome,

SHERLOCK

SHERLOCK · 22nd January 2007, 12:05

Latest Update................... .....................

NOTHING.....absolutely NOTHING

My CCA Request 11/12/06...............NOTHING
My Data Protection Act Request 11/12/06...............NOTHING

Do I just sit here and do................NOTHING

SHERLOCK

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