Bryan Carter What A Coincidence !!!!

[BeauBrummie]

Thanks pt2537,

 

CPR request should have been with BC today waiting for RM confirmation. I have given BC until 27 April to supply info.

 

Claim Issue date 14 April 2008 so I make that acknowlement by 2 May and defence by 16 May

 

Regards

 

Beau

[icecool]

Hi. i am having same problem with bryan carters.I have requested a cca but not a cpr.can you tell me how you intend to defend the claim: is it on the basis that you cannot claim in split amounts? ie part of the total amount

[BeauBrummie]

Update,

 

A lesson learnt, RM say they cannot confirm delivery of my CPR request (sent recorded signed for) on 16 April. As this request was date sensitive I have had to resend for guaranteed next day delivery.

 

Also sent in online the acknowledgement of service wishing to defend whole claim.

 

Beau

[questioning]

Hi BeauBrummie,

Bad luck there mate.

I have just sent off some letters & although tempted to go for recorded I opted for the special delivery service. Very pricey, especially when you have a little collection to send off.

You have correctly warned though, Recorded delivery is often pretty useless & special delivery is a must.

I have still not heard a thing from BC, The letter that was promised after a refusual to speak on the phone has still not been received, although we had a call again last week, my hubby again refused to speak & asked for any correspondance in writing only. They didn't like that. When I asked where there promised letter was they replied "sent to you on XX XX morning, Oh dear a lie uncovered there as the promised letter was never even asked for untill the evenning of the date in question, so how could it have been sent on that morning. LOL

I might be wrong but they don't seem to want to put much in writing.

Best luck with it, (although I'm sure u won't need it)

[BeauBrummie]

Thanks for you support BD,

 

Further update, is Carters have signed for my CPR request at last !!!!

 

So let the fun begin!!!!

 

Beau

[questioning]

Thanks for you support BD,

 

Further update, is Carters have signed for my CPR request at last !!!!

 

So let the fun begin!!!!

 

Beau

 

Wicked! Go get em mate, Can't wait for the outcome of this thread, Allthough I think its all been written here before, but it's good to read it all again.

[BeauBrummie]

Hi All **** Update*****,

 

In the post this morning I have a letter from BC which contains a copy of ------wait for it " Notice of Discontinuance" in this case.

 

OK so I have WON this little battle but being a bit of cynical person and perhaps pessamistic,(part qualified accountant its in my training) I would wonder if BC are now going to issue a claim for the whole amount, so if I am right could someone with a legal head give some advice as to if we can go for something along the lines of "Double Jeopardy"

 

So a big THANK YOU to all on CAG for your support and advice so far with this case

 

Anyway I have Won for now and if Birmingham Beat Fulham today that will make my day even better.

 

BB

[pugsley]

I can't see any response to your cca request of 12th April, I think if they haven't got your credit agreement it is unlikely they will claim again.

[NailPost]

Perhaps you can head them off by acknowledging receipt of their letter and askingfor confirmation that the matter is now closed. In the same letter ask for details of their complaints procedure indicating you are likely to make one. They have eight weeks to resolve a complaint so any response from them should be fairly quick. If they don't respond, or don't resolve your complaint, take the matterup a level and report the scumbags to the Financial Services Ombudsman (for trying it on with you in the first place) and the Law Society (for pretty much the same thing but adding its conduct unbecoming of a solicitor - which they are not but are still masquerading as such)

 

It may not do you much good if BCFC go down but getting one over BC might go some way to sweetening the disappointment.

[sortingitout]

I can't see any response to your cca request of 12th April, I think if they haven't got your credit agreement it is unlikely they will claim again.

 

Also, they would need the permission of the court if they wanted to restart the claim ever again, not likely it would seem.

 

Well done:)

[questioning]

Well done, good one

You might not be so lucky with the footie though!

 

From what I know of BC he won't be back to bother you anymore, he goes after the people who have no idea how to defend him & unfortunately there are plenty, (I was one of them, NOTE "WAS")

I looked at the issue of him going for the full amount its in my thread and from what I found out I don't think he would dare ask, he should have GOT IT RIGHT IN THE FIRST PLACE!

Another case would uncover his shady side i think.

I've been waiting to read those words "Notice of Discontinuance"

Once he knows you can play games too he seems to run a mile.

 

You've done really well, Relax & enjoy the footie.

[creditcardmug]

Another win mods need to change thread title

 

Well done BB

[icecool]

hi bb.So you sent the cca request and cpr request, and before you even got them you had a notice of discontinuation right?

[BeauBrummie]

Hi Icecool,

 

No that is not what happened, if you re-read post 1, it was as coincidence that I had just sent a CCA to BC as they were issued proceedings against me. This was after 6 months of no activity from either me or them.

So by following advice on this forum, I then sent a request for info under CPR because CCA request had become almost pointless, and BC had "raised the stakes"

So it has all turned out ok in the end:)

 

BB

[BeauBrummie]

Just thought I would follow up last weeks good news with this, any thoughts comments or ammendments would be appreciated before I send :

Dear Sir/Madam,

I thank you for your letter dated 02 May 2008 regarding the “Discontinuance” of the above numbered case.

With regard to the above case could now please confirm that this matter is now at a close, and that you will no longer be pursuing me for any financial settlement of the above case, nor its remaining balance that you did not attempt to bring into particulars of claim.

I have on two occasions now asked you for information, namely a request for the executed agreement for which you raised the above claim, under s77 and s 78 of the Consumer Credit Act, dated 14 April 2008 which has been signed for by your office, and a further request made under the Civil Procedure Rules, this being dated 24 April 2008, and signed for again at your office. It has been noted that you have declined to acknowledge either communication for what reason only known to yourselves.

Point 4 of the latter request asks you for a copy of your complaints procedure, which I still insist that you send me as a matter of urgency.

The issues that I feel you should address within this case are specific to s35 of the County Courts Act 1984 where it is unlawful to split “Cause of Action” and I would therefore seek your assurance that as a firm of Solicitors monitored by the Solicitors Regulatory Authority that this was unjust, and in hindsight a mistake by a junior member of your team, who has been duly disciplined. I am in no doubt that if this point is not answered in a satisfactory manner, then I will have no choice but to raise the issue with the above named regulatory body.

Other options are open to me namely the “Financial Services Ombudsman” and the “Law Society”would also be interested to ask the same questions as I have regarding this case and I am sure I would not be the only case of this kind dealt with by yourselves.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

BB;)

[pt2537]

Have you thought about asking them about costs that you have incurred?

[NailPost]

You have made two formal requests for sight of the documents they are obliged to supply within set time limits. You have asked they send you details of their complaints procedure. They have ignored the requests. I would complain to the Financial Services Ombudsman and the Solicitors Regulation Authority without waiting "for their due diligence". Complaints to the official bodies may spark a bit more reaction from these layabouts.

[ODC]

Have you thought of writing to the Senior Partner in Crettins Carter as well as an official complaint to the Original Creditor who are responsible for the actions of the person they appoint to collect the alleged debt.

[BeauBrummie]

Hi all,

 

I have tonight emailed the SRA withan updated version of post 40 attached. My email explains why I think that some action needs to be taken against BC.

 

BB

[BeauBrummie]

Had confirmation today by email from the SRA, that I am "following the right procedure in this instance" and "Please allow the solicitor 28 days to give a satisfactory reply" and further says " should you not get a reply in the time allowed send copies of complaint to us":rolleyes:

 

So Just have to wait, meanwhile BC just go on issuing claims in an illegal manner, a shocking state of affairs dont you think ????

 

BB

[NailPost]

Problem is they expect a solicitor to respond - and Carters don't have a solicitor based at the DeHavilland Drive office!

[ODC]

Give him enough rope and

 

[BeauBrummie]

Problem is they expect a solicitor to respond - and Carters don't have a solicitor based at the DeHavilland Drive office!

 

 

So where are they then ? my next move would be ODC's suggestion in post 43!! :o

 

Nice analgy incidently ODC

 

BB

[creditcardmug]

Carter himself is a solicitor, so he can respond!

[BeauBrummie]

Carter himself is a solicitor, so he can respond!

 

Thanks CCM,

 

Recent correspondence I have, lists several solicitors in the "Crellins Carter" empire at a different address, (probably just down the road, perhaps a local can enlighten us).

 

The list includes Mr C himself and states "Regulated by the Solicitors Regulatory Authority" Hmmmmm so I will just have to bide my time Arrrrrrrgh

 

BB