Bryan Carter - What Would You Advise?

[Sidewinder]

After reading a few other threads about Bryan Carter I am looking tentatively at doing something about an account which I pay to them.

 

The situation is that around 12 years ago I had a £7000 loan with Alliance & Leicester. Paid by DD for a year or so or so then my employer moved 40 miles away and due to the extra hours travelling, my wife had to change her job and with that and the extra fuel expenses I defaulted on the loan. A&L did not go for CCJ but after rejecting offers of lower payments passed the debt to BC and Co via Fredrickson who after a few threatening phone calls got a £40 a month repayment out of me by DD. I must admit that I thought this was fair enough and to be honest BC haven't bothered me much in the meantime. As stated elsewhere though, they have periodically reviewed payments and although until this year I have let these go I am now a bit miffed that they ignored my request not to increase the amount. They wrote to me on a BC letterhead even though I understand that the company had merged with Crellins, and I sent the slip back to tell them to leave payments as they were - incidentally the DD still states B Carter as the payee - should that not have changed?

 

Anyway - to get to the point (at last) - I really don't know how true now the amount owing is that was stated on the last letter. I know how much the loan was for, and that it was probably front loaded so that early payments to A&L would not neccessarily reduce the amount owing, but somewhere in the mists of time the original paperwork has gone astray. I must have paid well over the original amount ny now.

 

Would you think that a SAR would be timely? Alternatively should I go the whole hog and CCA Bryan Carter? I can't refuse to acknowledge the debt obviously, as I have paid it without complaint for years, but could I make the request for the original agreement in order to check facts such as how the balance was made up?

 

On the other hand are sleeping dogs best left? As I say I am just looking at a couple of these long standing problems since Moorcroft started winding me up, but I could really do without stirring up a hornet's nest!

[conar686]

IMHO

 

S.A.R - (Subject Access Request) the OC

 

Data Protection Act - Subject Access Request Generator *** New ***

 

CCA the DCA

 

Creditors and DCAs - Letter Templates & Budget Planner letter N

 

Letting sleeping dogs lie can be a good idea if its a dog but not if its a DCA. They will if it suits them take courts action and you'll be the last to know.

 

Take control away from them even if its just to ensure all the info they have is in line with your understanding.

[diskmandave]

As previously mentioned, letting sleeping dogs lie is for.... erm, dogs!

 

Here's one of my letters that suits your situation rather well, doesn't really need that much editing either.

Dear Sirs,

 

I write further to undertaking a complete financial review and to receiving extensive legal advice.

 

It has been brought to my attention, firstly, that I have never received acknowledgement of any payments, nor have I ever been provided with even a periodic statement of account. It has secondly been brought to my attention that I have the legal right to request and receive copies of documents.

 

I would respectfully request that under Section 77(1) of the Consumer Credit Act 1974 you provide me with a copy of the original credit agreement that should exist in relation to this account, and at the same time you provide the total outstanding when you aquired the account, a breakdown of all monies paid, credits and debits to the account, and the current balance of the account. I would further request a copy of the original default notice. I am advised that their is a maximum prescribed fee for complying to this request and as such a postal order for One Pound accompanies this request.

 

I look forward to your co-operation and due diligence in this matter.

 

Yours faithfully,

Good luck, Dave.

 

[Goldlady]

While we're on the subject of dogs and DCA's I wrote a little poem earlier:

 

Dear DCA

No CCA

How will you get

A CCJ?

 

 

Field agent coming?

He’ll soon be running

He won’t meet me

Just my GSD:o

[Sidewinder]

Thanks to all for the suggestions. Particularly DMD - that does indeed hit the spot rather well!