Jump to content


Bryan Carter & CO (Natwest Credit Card)


Mister Twister
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5149 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Thanks PT.

 

I think this is disgusting too! If it was not for the people on this website I would have believed this drivel and paid.

 

I will post the letter here for you to read - if anyone has any suggestions for the letter content that would be great.

Link to post
Share on other sites

Ok here it goes.

 

First Draft of letter to SRA.

 

26th April 2008

 

Dear Sir/Madam

Misconduct - Bryan Carter & Co Solicitors

 

This is a an official complaint made against Bryan Carter & Co. Solicitors which is a trading name of Crellins Carter Solicitors of 111 Queens Road, Weybridge, Surrey KT13 9UW. All correspondence I have had with the company has carried the signature of Bryan F Carter.

 

Background

 

In 2005 Bryan Carter & Co. were passed an account by National Westminster Bank. On 20th September 2006 they made a claim in the Northampton County Court for a part of the debt. Consequently judgement was in favour of the Claimant and I paid the sum of £295 plus court costs in settlement of the claim.

 

On January 13th 2008 I sent a request for a copy of the credit agreement pursuant to s78(1) of the Consumer Credit Act 1974. Bryan Carter & Co. signed to say they received my request on 15th January 2008.

 

On the 21st January 2008 I received a letter dated the 17th January 2008 requesting that I contact them immediately.

 

On the 21st January 2008 I sent a letter to Bryan Carter & Co. to remind them of their obligation to supply a copy of the credit agreement.

 

On the 4th February 2008 I received a letter dated the 29th January 2008 titled Final Notice for the account and the threat of court action if payment was not received by 5th February 2008.

 

On the 18th March 2008 Bryan Carter made a further claim against me for the same debt and account.

 

On the 18th April 2008 the County Court received a copy of my Defence and Counterclaim and transferred the claim to Gateshead County Court.

 

On the 21st April 2008 I submitted an Allocation Questionnaire to Gateshead County Court.

 

On the 26th April 2008 I received a letter from Bryan Carter & Co. claiming they had a County Court Judgment against me and demanding payment. I have enclosed a copy of this letter.

 

Complaint

 

1. Bryan Carter & Co. have totally disregarded my request under s78(1) of the Consumer Credit Act 1974. Consequently not only were they not entitled to enforce the agreement they have also committed an offence under the Consumer Credit Act 1974.

 

2. Bryan Carter & Co. have taken court action against me in retaliation to my requests.

 

3. Bryan Carter & Co. have already received judgment in the County Court for part of the account/debt. The new claim constitutes division of cause of action contrary to s35 of the County Courts Act 1984. They have knowingly done this.

 

4. Bryan Carter and Co. have committed serious misconduct by writing to me with a fictitious judgement. Bryan Carter & Co. have not only lied about the judgement but also tried to use their position as Solicitors to extract money from me with the fabricated judgment.

 

 

5. Bryan Carter & Co. have clearly used their position as solicitors to try and gain an unfair advantage over me.

 

 

I am deeply concerned with the conduct of such a large company and I am very worried about the public who are currently being pursued for money by Bryan Carter & Co.

 

 

 

Please would you let me know the outcome of your investigation? I am out of the country until May 28th 2008 but will be contactable after that time to answer any questions you might have.

 

Yours sincerely,

 

 

Please comment.

Link to post
Share on other sites

Item 4 of the 'complaint' - you might also mention that htis contravenes the OFT guidelines on debt collection

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

...

d. falsely implying or stating that action has been taken when it has not, for example, that civil action has been taken or that a court judgment has already been obtained

 

 

Link to post
Share on other sites

I would, the more complaints they receive against this lot the better.

 

I did notice the letter didn't state that the original CCJ was overturned by the court, you clearly need to state that (IMHO) as it could help prove that Bryan Carter are "vexatious" in their litigation.

 

In fact couldn't we state that their senior partner should be named as a 'vexatious litigant' and provide details from this site (with the OP's permissions to cite court info) as backup info - I don't mind helping with this aspect of it.

Link to post
Share on other sites

  • 2 weeks later...

I beefed up the complaint letter to the SRA to include OFT guidelines as suggested by Steven and made the position more clear. I can't actually post a copy of the final letter I sent as I am now in the US.

 

I sent a complaint to the Courts and asked for a copy of the SRA letter to be put on file. I also sent a copy of the complaint to Bryan Carter.

 

I have recieved a reply from Bryan Carter. It is a bog standard letter that states if I want to complain I have to follow their complaints procedure. The arrogance of these people is beyond me! I have reported them to their regulator for Misconduct and the courts and I get another fob off letter in return. They do however say that they have put collections on hold for the time being! Funny because they should have done that as soon as they realised they had no agreement.

 

Even if they write off the alleged debt and correct my credit file I am not going to let them get away with this and I will see my counterclaim heard in court.

 

I want a decision made by a judge so all those CAGers who are up against these idiots can see that they can use s35 of the County Courts Act to get rid of them.

 

Anyway - Back to my vacation....

Link to post
Share on other sites

 

Even if they write off the alleged debt and correct my credit file I am not going to let them get away with this and I will see my counterclaim heard in court.

 

I want a decision made by a judge so all those CAGers who are up against these idiots can see that they can use s35 of the County Courts Act to get rid of them.

 

Anyway - Back to my vacation....

 

Thanks for your posts & commitment to defending against this shady twit, Good news received from BueaBrummie at the week end when in response to his defense against same twit he got a letter of discontinuation. I to have been hit by them in the same way and have a thread concerning this. All is quiet at the moment just waiting to see what his next move might be.

So big thanks to you and all the CAGers who have helped you along the way.

HAPPY DAYS, ENJOY THE REST OF YOUR VACATION!

Link to post
Share on other sites

Had a reply from the SRA today. I had to have it read to me over the phone so can't remember every detail but they are investigating my complaint and have allocated a case handler. They will be contacting Bryan Carter & Co. soon.

 

It looks like they are taking my complaint seriously!

Link to post
Share on other sites

  • 1 year later...

Ok - so its been a long time since I updated this thread - but I felt I needed to let you all know the outcome of my complaint and counter claim.

 

Basically Bryan Carter got a kick up the ass from the SRA.

 

srareply1.gif[/img]

Link to post
Share on other sites

I received a letter from the courts basically saying that Bryan Carters Claim has been struck out and and I can now request judgement on the counter claim.

 

Unfortunately I have lost the letter and cannot remember the exact wording.

 

I have telephoned the courts today and they have told me to simply send a letter to the Judge and apply for Judgement.

 

Could someone please help me with that letter?

 

Thanks for all your support so far.

Link to post
Share on other sites

  • 8 months later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...