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Gary29

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Posts posted by Gary29

  1. I honestly thought this case had died the death, but lo and behold this Saturday I received a package through the post that almost gave the poor postie a hernia. I had been sent a pressie from Bryan Carter containing all my Egg statements upto 2nd November last year. All the printed sheets have the date 27/11/2009 on them, but the letter from Bryan Carter is dated 3rd June 2010. I phoned BC to ask what they were playing at and was told that they were sorry for the delay in sending me the statements (7 months) but that they were going to proceed with the claim through the County Court.

     

    Can they actually do this? The case has been stayed for more than 6 months.

  2. We sent Bryan Carter a letter back in May, a copy of which is shown below. My apologies but it is a bit long;

     

    Bryan Carter& Co Solicitors

    14thMay 2009

     

    reference: *********

    Dear Sir/Madam,

     

    This is in acknowledgement of your letter dated 12th May 2009, The contents of which have been duly noted.

    Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.

    Nevertheless in my response to your letter please be advised of the following.

     

    I put forward that you now have a requirement to provide me with;

     

    1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

     

    2) All records you hold on me relevant to this case, including but not limited to

     

    1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

    2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

    3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with Egg is required.

    4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

    5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

    6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

    7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

    8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

    9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

    10. Copies of statements for the entire duration of the credit agreement.

     

    I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

    I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

    Specifically this relates to one or any number of the following;

     

    * demand any payment on the account, nor am I obliged to offer any payment to you.

    * add any further interest or charges to the account.

    * pass/sell the account or outstanding balance to any third party.

    * register any information in respect of the account with any of the credit reference agencies.

    * issue a default notice related to the account.

     

    Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

    I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

     

    Yours Faithfully/Sincerely

    **************

    It took Bryan Carter until August to reply to this letter and they only sent the copy of the CCA, none of the other documants requested.

     

     

  3. Well in that case, it will (or should have) a section requiring you to fill in all i & e details....

    If so, then include bills,clothes,food,travel costs etc...all classed as legal essentials.

    Ive never known a court to require receipts for the amount of food you buy - or for any of them in my experience.

    Therefore, im sure you can do the maths beforehand & easily just have a £1 leftover?

    In the eyes of the law, you are deemed to be paying something ;)

     

    Oh but I have been paying them, Egg have been receiving monthly payments through PayPlan for several years.

  4. Northampton is the DCA's head threat centre.

    Its worth pointing out that Carter are notorious for sending out documents that look like they've come from a court, when nothing could be furthur from reality.

    If its from a proper court, then it will give you various sections of advice/what to do/were to get in touch with etc...

    No court would just demand the full amount off you just like that.

    Thats not how the legal system works & maybe Carter should realize that :cool:

     

    The summons does indeed come with all the other documents, I also tried phoning the helpline and it is Northampton CC.

  5. I should point out that according to PayPlan our payments are being paid to Egg via Direct Legal and Collections. Bryan Carter are acting on behalf of Fredrickson Int who claimed the debt was sent to them to collect. As I haven't received any notification from Egg that the debt has been assigned to Fredrickson and neither has Payplan we have continued paying Egg through DLC.

  6. After getting nowhere with Argos customer service I finally e-mailed Sara Weller (Argos MD). I sent the e-mail at 13.54, at 13.58 I received a reply from her PA apologizing that Sara wasn't in the office at the moment, but that they would pass the problem to their Executive Customer Resolutions Team. At 14.35 I was phoned by the head of the above team saying that she agreed with our position completely and that she would be calling us back on Monday to arrange a delivery time for Tuesday.

     

    Argos Managing Director Sara Weller - [email protected]

  7. Ok update time. Wescot decided to throw in the towel and return the case to Vert Baudet, we thought they'd given up too until a letter landed on the mat last week from Debt Managers Ltd. It was the usual threatogram, so we sent them an e-mail in response.

     

    Dear Sir

     

    Thank you for your letter dated 3rd July 09 which contained lots of capital letters and bold type. Wescot, who were used by Vert Baudet before yourselves failed to provide me with the legally required documents, and therefore returned the case back to them. It seems they think you'll have better luck.

     

    Your letter makes the threat of COURT ACTION, not merely court action but, COURT ACTION. If it is indeed your intention to pursue your claim to this debt through the County Court, then I must request that you provide me with by return a copy of the credit agreement that bears my signature. I require this document as proof of your right to claim this debt.

     

    I await your response with anticipation.

     

    Your faithfully

     

    Mrs **** *********

  8. JD Williams has sent the wife another letter, which I've repoduced here.

     

    Any suggestions for our next course of action.

     

    Dear Mrs *******

     

    Re: Account No **********

     

    I am in receipt of your letter dated 28th April 2009

     

    We have complied with our obligations to supply you with a "True Copy" of your credit agreement. A "True Copy" is defined by Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. The "True Copy" need not, by law, contain either the signature of the debtor or the date of the signature in our case. No default therefore arises.

     

    Having been provided with this "True Copy" there is no basis for you to either allege that you are exonerated from payment under the agreement or that we remain in breach of our obligations under the Act.

     

    If it is your intention not to make any further payments to the account and in the absence of any dispute under the elements that make up the balance of your account, as a result of orders being placed and received by you, we consider your assertation that you have no legal liability for payment to be based purely on the fact that the relevant credit agreement has not been signed. On this basis, we can confirm that collection activity would cease, however, we would like to make it absolutely clear to you that should you take the decision not to make further payments to clear your account, your non payment will be reported to the relevant credit reference agency who record this fact for a period of 6 years.

     

    Given the serious consequences of such non-payment, please confirm your intention in writing with regard to future payments to this account. Your account has been placed temporarily on hold.

     

    Yours sincerely

     

    S Beat

    Solicitor.

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