NatWest BANK - CCJ - Bryan Carter & Co.

[groovychickmum]

obviously, if the original creditor(catalogue), passes it to someone else, then we'll deal with that as and when it comes....my thought is of course b carter and he's underhand ways, if we are contacted in the future, i will ask very politely who has this been passed from, and if its mr carter, well.he will be on the receiving end of having to defend in court....

[SHERLOCK]

Hi all,

Received capquest 'Letter Before Action' on this little baby.

Emailed them a 'nice' message (RETURN MESSAGE DETAILING THAT MESSAGE WAS READ) with copy of letter detailed for NatWest containing non-compliance letters for Data Protection Act, CCA and discontinuance notice.

14 days before court action to order statements for alleged debt amount and to instigate damages claim,

thanks for any advice,

SHERLOCK

[payingonlyencouragesthem]

Have they sold the debt to capquest?

[tomterm8]

for your information:



Civil procedure rule:

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –
(a)he discontinued the claim after the defendant filed a defence; and
(b)the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

[SHERLOCK]

CAPQUEST were agents for Natty. After my email I have received the following this morning:

Unfortunately I am unable to comment on the dispute you have raised as this was prior to our involvement and at the time the account was passed to us we were unaware of any existing query. Therefore we are closing the account on our system.

Thank you for your time in trying to resolve this matter.



Quality and Assurance Officer.

So there you have it, never seen anyone crawl back under a rock so quick. I will push Capquest for there so-called criteria for taking on a debt without prior knowledge of the account.

My letter to Natty:

LETTER BEFORE ACTION

You have failed to comply with my Data Protection Act Subject Access
Request dated ## December 2006. (attached)

You have failed to comply with my Consumer Credit Act 1974 request also
dated ## December 2006. (attached)

Please also take notice that litigation took place regarding the recovery
of the alleged debt and a Notice of Discontinuance of Proceedings was duly
presented by NatWest (the claimant) and all and any proceedings were
wholly discontinued against ########## (the defendant). (attached)

With this I propose that should it become apparent that NatWest have
initiated legal proceedings without the basis for doing so and as NatWest
are wholly responsible and answerable upon their actions I will be
starting a claim including but not exclusive to the following:

· Serious breaches of Data Protection Act 1998
· Unlawful Harassment
· Breach of Confidence
· Breaches under Human Rights Act
· Reclaiming penalty charges


If you do not comply within the next 14 days I shall seek a Court order
obliging you to do so together with damages at the discretion of the Court
and without any further notice.

Yours faithfully


SHERLOCK

[payingonlyencouragesthem]

Useful. I got a really sour letter from them after BC backed off. Robberscum have just gone so I'll probably get capquest next. Keep us posted - I'm progressing down exactly the same natty path a few yards behind. When will they give up....

[SHERLOCK]

Very naughty of capquest to take up the alleged debt but as we know it is chase and threaten first and ask questions later.

I will be sending them a letter asking for a token compensation in return for NOT including them in the future proceedings and their wrongful intent and their procedures being woefully inadequate (we know they accept debts from so-called big institutions without asking questions) and this cannot be allowed to continue.

Keep U posted,

SHERLOCK

[tallman]

this forum is v interesting0 good to see i am not the only one with problems re bryan carter..

does anyone have an email adrress for them, as I have waster enough money trying to get through on the phone..

many thanks, and merry xmas to all.

[icecool]

HiI have had a ccj claim from bryan carter and solicitors for a part of a debt and not the total debt they say i owe them.They are acting for lowell portfolio 1limited, who i guess are the DCA for HSBC.The Amount they are claiming for is £170 plus costs, so £235 altogether while the total claim they say is £1022.77 on the claim form.However on the letter they sent out to me says i owe £1088.77.So there is a difference to what they have on the claim form and what they put on the letter in which said they were starting litigation proceedings.The claim form and their own letter are both dated 4th april. Can they claim part of a total debt?I have asked for a cca, and told the court i intend to defend the claim.Can anybody give some advice, from where to go and how to defend this please.Thanks

[SHERLOCK]

bc&co are shifty, they have tried this before whereby they are getting a CCJ for 'THEIR' part of the debt...wholly abusing the court process I do believe.

You can send the letter at the start of this thread..........did the trick 4 me, they must supply a full breakdown to assist their claim.

write more soon, gotta go,
SHERLOCK

[SHERLOCK]

been passed to 1st credit now, have sent them same letter, wait to see their response?

[palomino]

Originally Posted by SHERLOCK

bc&co are shifty, they have tried this before whereby they are getting a CCJ for 'THEIR' part of the debt

Can you explain what you mean by this?

[SHERLOCK]

I believe BC&Co used to apply for ccj for an amount of debt that would cover their costs to date (thus ensuring their fees can be recovered by further means) in chasing the account for their clients (NatWest in my case).

I can only view it has them suing the defendant for their ongoing costs in preparing/chasing the account, only a laymans guess though!!

I cannot say for sure, maybe it's just a rumour, so don't quote me

SHERLOCK