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

[phatram]

CCA request sent today.

[freakyleaky]

Keep us updated.

[phatram]

Delivered on 17/01/08

 

MMR has now informed me that he has a CCJ from Northampton CC concerning this account and he has been paying Carters £50 a week. I have told him to stop paying this for now as I believe they have done something "not right" and it needs to be checked.

They rang him last week and said as he has a CCJ against him he cannot stop paying them and they will send the bailiffs round. We have sent the letter removing licence from them to do so.

We are now waiting for their reply about the CCA request.

 

MMR has just rang me to say a letter from Carters has arrived saying they will take no further action on his account!!!

I will post letter when he brings it round later.

 

BRYAN CARTER

 

SOLICITORS

 

BRYAN CARTER & CO

 

SOLICITORS

 

De Havilland Drive Weybridge Surrey KT13 ONT

je|. 08701125136

Fax:

DX: 87903 Weybridge 3 II III! II II11IIII Mill

Business Hours

Sam - 8pm Monday to Thursday

Sam - 5pm Friday

Sam - 1pm Saturday

 

Our Reference: MBN/xxxxxxxxxx Re: MBNA

 

Account number: xxxxxxxxxx

 

 

Dear Sirs,

We refer to recent correspondence in this matter.

Please note that we have been instructed to take no further action against you and have therefore closed our file.

Yours sincerely,

 

BRYAN CARTER & Co,

03365637 [retac 10:49]

 

Please note that Bryan Carter & Co is the trading name of Crellins Carter Solicitors of 111 Queens Road, Weybridge, Surrey KT13 9UW A list of partners may be inspected at our above offices. Regulated by the Solicitors Regulation Authorit)-.

 

I find this very strange indeed and believe they have been taking MMR's money unlawfully.

Any advice as to what to do next please.

 

Sent this.

 

23/01/08

Persimmon House

De Havilland Drive

WEYBRIDGE

SURREY

KT13 0NT

 

 

 

Re: my request under the Consumer Credit Act 1974

 

 

Dear Sir,

 

Thank you for your letter of 21/01/2008 in response to my legal request.

May I remind you that you still have to comply with my request under the Consumer Credit Act 1974 and failure to do so will result in legal action being taken against you.

 

 

Yours faithfully

 

Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested, after a further month the creditor has committed an offence. This offence can be reported to the Trading Standards Authority (in the creditors area, not your local one), or the FSA.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

If a CCJ has already been entered against a debt, then there is no point in requesting the agreement under the CCA, if your intention is to argue that the debt is unenforceable, since the debt has already been enforced. You can however request a true copy of the original signed credit agreement if you wish to check original terms and conditions etc. If they do not supply it then your only recourse is to report them to the aforementioned agencies. It would be very difficult to prove that they didn’t have the agreement at the time judgment was entered.

 

It is imperative that you continue to pay any debt under the terms of a CCJ.

 

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, because at the end of the day the debtor spent the money and therefore they owe it and need to pay it back The debtor may now however be in a good position to make a full and final offer to clear the debt.

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After reading Gizmo's excellent post above, I am a little confused as to why Carters should suddenly say they no longer wish to pursue MMR's debt even though he has a CCJ against him.

Anyone got any ideas?

 

bump

[NitrousOxide]

Hi,

Thanks to Bryan Carter your mate will have a CCJ on his file for a long time. Even if he has paid it all.

I still have a CCJ on mine yet it was paid off a long time ago. It actually says I have an amount outstanding as well!!

[phatram]

In reply to my letter in post no 8 Carters have replied with the same letter they sent before in post no 6.

[phatram]

Carters are refusing to give MMR any information at all.

What should we do next?

[phatram]

bump

[phatram]

bump

[phatram]

bump

[phatram]

Still nowt from Carters!!!

[phatram]

HELP PLEASE !

What do we do now?

They refuse to tell MMR anything at all!

[Guest Screw The Bailiff]

I would suggest writing this up as a brief and factual summary, collate together any documents you have, decide what you want done, e.g. CCJ removed at their expense, solicitor to refund you money & how much etc.

 

Then send it all off to the Law Society and file a complaint against the solicitor.

[elsinore]

Thread moved.

 

Els

[duncan_disorderly]

Please note that we have been instructed to take no further action against you and have therefore closed our file.

 

Write to them and ask them who instructed them to take no further action? They would have to disclose to you who they took instruction from.

 

This sounds very fishy indeed.

[phatram]

This we have done and they sent the same letter out as before.

They refused to speak to him on the phone, so we have reported them to FSA FOS &TS

[duncan_disorderly]

Also noted that they are regulated by the Solicitors Regulation Authority (although they couldn't even spell authority correctly ). Checked their website and they refer complaints to the Legal Complaints Service.

 

I would also make a complaint to them and also send off for a full SAR with £10. If they don't answer that, you can also include the ICO in the list of authorities to complain to.

[phatram]

I would suggest writing this up as a brief and factual summary, collate together any documents you have, decide what you want done, e.g. CCJ removed at their expense, solicitor to refund you money & how much etc.

 

Then send it all off to the Law Society and file a complaint against the solicitor.

 

Dear Mr xxxxxxxxxx,

Thank you for your enquiry.

We hope that it will be helpful if we briefly outline our powers. The Legal Complaints Service considers the service which solicitors provide to their clients if the complaint is raised by the client in question.

If you raise an issue about someone else's solicitor we may pass your concerns to the Solicitors Regulation Authority. We are unable to give legal advice.

If a finding of professional misconduct is made, we can consider applying disciplinary sanctions against the solicitor in question, and in the most serious cases can refer the matter to the Solicitors Disciplinary Tribunal. A finding of professional misconduct does not in itself give rise to an award of compensation.

Whilst we can consider complaints about the overall service provided, we are not able to consider complaints about the advice given by a solicitor. Nor are we able to question the way that a solicitor chose to represent a client, or whether a certain course of action was in the client's best interests. Offering an opinion on such matters would in effect amount to legal advice as to how the case should have been conducted, which is not the our function.

I understand that the firm acts for another party in this matter. I can confirm that solicitors are obliged to act in the best interests of their own clients and to follow their instructions. If the firm does not do so, it is open to the client to complain. A solicitor is entitled to rely on the instructions that they are given by their client and, as long as they do not know that they are false or untrue, they have no obligation to apply a pre-trial screen to establish the truthfulness of any instructions.

It therefore follows that we are unable to consider the way in which the firm chooses to represent their client. If the matter does go to Court and the Court makes any criticisms of the solicitor's conduct in conducting the matter before it, please contact this office again and the matter can be reconsidered in the light of any criticism that has been made.

If you have any further queries, you may wish to contact the Legal Complaints Helpline on 0845 6086565 and speak with one of our helpline agents. Our lines are open between 8 am and 6 pm Monday to Friday.

Please note calls may be monitored/recorded for training purposes.

Yours sincerely

Customer Contact Centre

Email Enquiries Team

[phatram]

Tel: 01372371743

Fax: 01372 371704

Email: [email protected]

Minicom: 01372371707

General Enquiries: 01372 371700

www.surreycc.gov.uk/tradingstandards

 

 

 

 

SURREY

COUNTY COUNCIL

TRADING STANDARDS

Mid Surrey Area Office Bay Tree Avenue Kingston Road Leatherhead Surrey KT22 7SY

 

 

 

 

 

 

 

 

06/03/2008

 

 

 

Dear Mr XXXXXX

Thank you for writing to Trading Standards. Your case officer, David Bullen will contact you within 5 working days. If you need to contact David Bullen in the meantime, he/she can be reached by any of the following means:

 

 

 

Telephone:

Email:

Or by writing to:

 

01372371743

[email protected] Mid Surrey Area Office Bay Tree Avenue Kingston Road Leatherhead KT22 7SY

Our Service has a commitment to providing you with the advice and assistance that you need to resolve any consumer problems that you have. Although we do not have enough staff to intervene in every complaint/enquiry we receive, the case officer will discuss with you how they can best help you.

Unfortunately, in come cases, there are no further steps that can be taken. For example, if the trader has disappeared, or the business you are dealing with has not breached any laws. If these circumstances apply, we still feel there is value in providing advice to you in case there are any other issues that arise from the situation that we may be able to address.

If your complaint/enquiry requires follow up work, the case officer will keep you up to date with progress and will contact you at least every 20 working days.

 

 

 

 

 

 

Thank you once again for using our Service. Yours sincerely

Trading Standards Officer

[phatram]

SURREY

COUNTY COUNCIL

TRADING STANDARDS

Mid Surrey Area Office Bay Tree Avenue Kingston Road Leatherhead Surrey KT22 7SY

 

 

 

12 March 2008

 

Dear Mr XXXXXXX

Re: Bryan Carter and Co

Thank you for your recent letter concerning your dispute with Bryan Carter, the comments of which have been on our system. As I understand it Bryan Carter and Co were pursuing you for a debt and you made a request for a copy of the credit agreement that they were relying on to be sent to you. Bryan Carter then wrote back saying the file had been closed and they had been instructed to take no further action. I understand that they never supplied you with a copy of the credit agreement and you are still seeking for this to be supplied.

From the information that you have supplied I am unclear as to whether you are disputing that you owe any money or whether the request is simply to enable you to gain a copy of the agreement they are basing their claims on. Usually if a company, on receipt of a request such as yours, are unable to find the original agreement or discover that there are inaccuracies on it that render it largely unenforceable they will act as Bryan Carter and Co have done and choose not to pursue the debt.

It must be recognised that Bryan Carter and Co are acting as debt collectors, as opposed to being the company you took out the credit agreement with. Usually in these circumstances on receipt of a request like yours the collection company will contact the company who you had the agreement with and ask them to supply copies of the original agreement. If the paperwork is not produced or there are inaccuracies with it the collection company will normally close there file and return the debt/claimed debt back to the original company.

In reality I think it is going to be unlikely that you will be able to force Bryan Carter and Co to supply the paperwork you have requested, if you want to pursue this request further it may be worth making the same request to the company that the credit agreement was originally taken out with. However, it should be noted that the debt/claimed debt will not be enforceable without a Court Order whilst the paperwork cannot be supplied.

 

 

 

 

 

Yours sincerely

[phatram]

The problem we are having trying to help MMR is he cannot find anything to do with this credit card account, the ccj etc. I suppose it was lost in transit from the army back into civvy street. He has always been awful with money and buries his head in the sand instead of asking for help.

 

I honestly believe he his owed a lot in charges but if we can't find out from Carters what we want to know, what can we do?.

[phatram]

bump

[elsinore]

Can he remember

 

1. Who the claimant was?

2. Roughly when it was?

3. Which court it was? It could have been transferred to a court near to where he was living at the time.

 

If so, he can ask the court to search for details and perhaps obtain copies of the claim form and judgment.

 

Has he checked his credit files with Experian, etc? Details of the judgment would have been recorded on there.

 

Els

[phatram]

Thanks els

[phatram]

Can he remember

 

1. Who the claimant was?

2. Roughly when it was?

3. Which court it was? It could have been transferred to a court near to where he was living at the time.

 

If so, he can ask the court to search for details and perhaps obtain copies of the claim form and judgment.

 

Has he checked his credit files with Experian, etc? Details of the judgment would have been recorded on there.

 

Els

Hi els,

1, BRYAN CARTER for mbna.

2, The only letters he can find are from CARTERS from last year.

3,He thinks Northampton MCOL.

[elsinore]

Well, he could try asking MCOL if they can trace the claim. It should be either MBNA Europe Bank Ltd v mymaterob or Bryan Carter v mymaterob. Give them as much information as possible e.g. approximate date, amount of claim ,mmr's address at the time. Contact details for MCOL are

 

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

Tel : 0845-601 5935

Fax: 0845-601 5889

[email protected]

 

Els