Brian Carter Solicitors - Advice Please

[creditcardmug]

The next payment is not due until 5th September which is 22 working days after they received the CCA letter. I was thinking perhaps though to prove that I am being reasonable about this to keep the DD active for the next payment, I will then have paid them £1000 in 6 months, far more I am sure than they bought the £4000 debt for.

I am also currently looking into charges on this account and they amount to over £3000 which would leave about £1000 that I actually owe. I have no issues paying this debt, but I do not want to pay it to a DCA who has done nothing but harass me since I first got into financial difficulties.

Laura x

 

Have you established that fredericksons/carters actually own the debt, i doubt it, as this is no their normal modus operandi?

[NailPost]

Paying them does not confirm they have the right to collect. Failing to comply with the 12-day statutory limit puts them into default. I would cancel the payment and see what they do next. If they say they are returning the matter to their client I would be tempted to ask for my money back + interest. No paperwork = no debt.

[creditcardmug]

Paying them does not confirm they have the right to collect. Failing to comply with the 12-day statutory limit puts them into default. I would cancel the payment and see what they do next. If they say they are returning the matter to their client I would be tempted to ask for my money back + interest. No paperwork = no debt.

 

Theres no chance of getting any money back from them, yes stop the payments and see what they do.

As for returning the account back to their client, i thought the OP had said above that carters now owned the alleged debt?

[Robot_roo]

That will have the effect of slowing Bryan Carter down for the moment. When he does not comply with your request, you can legally stop paying until he does comply with your request.

 

Now although BC is renowned for attempting to get a CCJ against people who owe money to his clients, he usually goes about it in the wrong way. So at the moment I would not worry about that scenario.

 

 

 

BB

 

My girlfriend works for the courts and says they get lots of cases where BC say they have made an error and wish to discontinue a case!!

[creditcardmug]

That will have the effect of slowing Bryan Carter down for the moment. When he does not comply with your request, you can legally stop paying until he does comply with your request.

 

Now although BC is renowned for attempting to get a CCJ against people who owe money to his clients, he usually goes about it in the wrong way. So at the moment I would not worry about that scenario.

 

 

 

BB

 

My girlfriend works for the courts and says they get lots of cases where BC say they have made an error and wish to discontinue a case!!

 

Why am i not surprised at hearing that:mad:

[NailPost]

There is nothing to stop anyone asking Carters to return any money paid over a "debt" which they cannot substantiate. To demand money without documentary proof the debt exists at all is close to fraud. If they refuse to pay send them an lba setting out the action available to you. They usually run away from court like scaleded cats. I wonder if they would like to explain to a judge why they demand cash when they don't have any paperwork. I wonder if they would even turn up! In my view you have everything to gain and little to lose.

[laura_bj]

My next direct debit is due out at the end of this week. I really do not want to nor can afford to pay these people another £150. Credit Agreement still unforthcoming from BC, so do I need to write to them to state that they are in default of my request or should I just cancel the DD. Really do not want them to CCJ me so would like some clear guidelines on how to handle this one!!

[bigandyuk1]

Stop the DD, They are in breach of the CCA request. No need to tell them they are perfectly aware of the act.

 

Regards

Bigandy

[creditcardmug]

Here is a letter to send them if you want to put it firmly in dispute,

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

 

Re: =

 

Dear Sir/Madam

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

 

 

This limit has expired.

 

As you are no doubt aware section 77(4) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I will be reporting your actions to any such regulatory authorities as I see fit.

[laura_bj]

Thanks for that Credit Card Mug - awesome letter. I shall make some amenments and it shall be winging it's way to BC (by recorded delivery naturally) by tomorrow!

I shall advise how I get on!

[laura_bj]

So, I sent the above letter to BC on the 1st September and it was signed for the following day. However I today received "letter before action" letter stating that I am in breech of my agreement with them and they are now going to take further action to reclaim the balance owed.

Unsurprisingly no reference has been made with regards to the CCA request that they are in default of.

Should I write to them again??

[creditcardmug]

Personally i would do nothing and see what they do next, it may be an empty threat or may not be, but without an agreement they will get nowhere with a court claim.

[42man]

Send them this....by recorded delivery

 

Dear Sirs

 

I refer to your letter of XXXX 2008 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated xxxx 2008 for which I have proof of receipt . Your client had until xxxx 2008 to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by your client under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law and OFT guidelines.

 

Please note that any legal action will be vigorously defended.

[p121]

Hi im a new user and i want to post about fredpay.com as they to are claiming that i owe money to Royal Bank of scotland please can you tell me how i can post a topic on the main foroum board concerning fredpay? I have only had bank account with Natwest and barclays not with royal bank of scotland. please let me know how i can post asap thanks