Backdoor Carter CCJ re MBNA debt - Mymaterob - challenged carter - they said stop paying!!

[phatram]

Whoops sorry, I've just spotted the link !

Having a bad day !!

[questioning]

Hi

I wasn't being nasty, just trying to help you.

If you've got a thread concerning Carters please post a link so I can take a look and perhaps help?

Cheers

Mr P

 

Hi

No I agree with you its not good to hijack I just got carried away with the Godmother, I originally only wanted to say to you that he is ignoring us too.

I did post my thread on post 51.

It stands now that BC doesn't want to put anything in writing to us although we have asked him twice, so we are just waiting to see if he is going to try for another ccj on the same debt, If he is then I'm getting well tooled up with ammo.

This is why I like to follow any threads concerning BC.

Cheers Q

[The GodMother]

l cant get the link to work and thought it was just me as i have not heard anything from anyone else.

[phatram]

The following arrived on Weds 14th.

Evidently Carters think they have now complied with MMR's CCA request.

 

 

 

 

 

BRYAN CARTER & CO

SOLICITORS

FIL/Bryan Carter DX 87903 WEYBRIDGE 3

A list of partners may be inspected at our offices

 

De Havilland Drive

Weybridge

KT13ONT

 

 

 

FACSIMILE 08704211321 TELEPHONE 08453133128

 

 

 

 

13 May 2008

OurRef:

 

 

 

 

 

 

STA TEMENT OF A CCOUNT

 

Date

Item Detail

Amounts

21-Sep-2006

Original Debt

5,198.77

15-Dec-06

Claim Fee

20.00

15-Dec-06

Claim Cost

50. 00

09-Jan-07

Judgment Cost

22.00

16-Feb-07

Debit Card

50.00

28-Feb-07

Direct Debit

150.00

05-Mar-07

Direct Debit

-150.00

04-May-07

Debit Card

10.00

21-Jun-07

Direct Debit

100.00

23-M-07

Direct Debit

100.00

26-Jul-07

Direct Debit

-100.00

02-Aug-07

Direct Debit

100.00

07-Aug-07

Direct Debit

-100.00

17-Aug-07

Debit Card

70.00

ll-Sep-07

Debit Card

70.00

20-0ct-07

Debit Card

50.00

 

 

 

 

 

 

 

 

 

Balance

 

4,940.77

 

 

 

Please note recent items may not be shown. It is assumed any payments shown are honoured

Direct Debits are shown on the date applied for and not the processing date If you have any query contact this office at once as legal action may be pending.

Please note that Bryan Carter Co is the trading name of Crellins Carter Solicitors of 111 Queens Road, Weybridge, Surrey KT139UW A list of partners may be inspected at our offices. Regulated by the Solicitors Regulation Authority

[NitrousOxide]

That's only a statement for the time Bryan carter cretins have been involved.

Not a true history of the account.

[phatram]

Any suggestions as to what to do next?

I think this one may be a bit too difficult for me to sort out especially when MMR is a plonker !

He didn't even ask them how they arrived at the figure of over £5000 !

[phatram]

bump

[phatram]

Anyone please.

[phatram]

bump

[phatram]

Bump

[The GodMother]

Hi.

 

I am guessing the rest of the documentation is still in the post as they have not complied with the request as u may have guessed.

 

If it has not arrived buy saturday send them a non compliance letter telling them the account is still in dispute and to bog off till they comply fully with the cca request.

[phatram]

Should they have copies of all of Robs credit card statements ?

[The GodMother]

they should have everything to do with this acc if they own the account or they should have access to it if they dont own the account buy the way of a telephone request or email request for the docs.

 

Either way they should be able to provide u with everything about this case on demand.

[phatram]

SAR non compliance LBA sent today.

[The GodMother]

Cool lets just wait and see.

 

Remember you mate rob can via the courts force them to comply ok it will cost him but he can then claim the charges back.

[phatram]

Right folks, sorry to be a nuisance but need some help please on behalf of MMR.

How does he take Carters to court for non comp of SAR? I can't find anything.

Any links or info most welcome.

Thanks

[RoyalNelly]

Data Protection Act - Non-Compliance - Template Letters Data Protection Act Non-Compliance - Particulars of claim

[phatram]

Great, thank you

[phatram]

Sample Particulars of Claim: Text in red should be amended/deleted as appropriate.

 

NB: Please note that some County Court staff may not be aware of the procedure for these claims. It is important that you insist that the N1 is accepted - and that your claim is NOT a "pre-action disclosure", or a claim under "part 8".

 

The Information Commissioner has indicated that these claims should be dealt with in the Small Claims track.

 

 

BRIEF DETAILS OF CLAIM (On Front of N1)

 

Order under Section 7 and Section 15(2) of the Data Protection Act 1998

Damages

 

NB: It is absolutely vital that you do not use the word "injunction" as this may cause problems. You will also find that the fee varies from £30 to £150, depending on the court involved. Of course, this fee should be recoverable, and if you qualify for relief from paying fees you will not have to pay, or it may be reduced.

 

 

PARTICULARS OF CLAIM

 

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant (has/had) an account number (Insert Account Number) ("the Account") with the Defendant which was opened on or around (Insert date) (and closed on or around (Insert date)).

 

3. On (Insert Date) the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply.

 

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage (and distress).

 

6. The damage (and distress) caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £...........

 

Add any further things that can be clearly quantifiable, and to which you can provide proof.

 

Please be aware that claims for distress are only available where the distress is caused by the quantifiable damage. You would usually need professional evidence in support. If you are intending to go down this route it is vital you contact us before proceeding.

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

 

.Would someone please help with wording of no2 about the account with?

It was with MBNA but they have no record of such, Carters are the ones we want to take court but not sure what to put.

Thanks

[phatram]

And on 2nd thoughts should MMR take MBNA to court for non comp as well?

[The GodMother]

it depends on who is refusing to provide the info.

 

Who did u send the letter to?

[phatram]

Hi GM

 

Sent SAR and CCA letters to both MBNA & Carters. Westcot bought the debt, but Carters (Solicitors) said all correspondence must be through them.

Edited June 5, 2008 by phatram

[The GodMother]

well u file against them both. U will need 2 seperate claim forms tho.

 

If it is both who have failed to supply the info.

[phatram]

Going to use FOS for MBNA and court for Carters.

Cheers GM.

[phatram]

Hows this look? and do you have to prove the amount in no 6 ?

 

 

 

PARTICULARS OF CLAIM

 

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant had an account with MBNA EBL. The Defendant, who is the Solicitor for Wescot Credit Services Ltd who took on the Claimant’s debt, has failed to supply the relevant information, only supplying a Statement of Account covering the period listing payments made from 21/09/06 to 20/10/07.

 

3. On 08/09/2007 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply.

 

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage .

 

6. The damage caused is: Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £.1000.00.

 

 

 

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

 

I believe that the contents of these particulars of claim are true