Bryan Carter Payment Card

[Xeon]

Hi Everyone. I have been reading the threads about brian carter on here and have followed some advice regarding CCA request. However, I' a bit stuck on what to do next.

 

Background: I had a NatWest student credit Credit card in 2003 while at uni, I stopped paying it and was passed to intrum justitia. I consulted a solicitor and agreed to pay £5.00 per month to IJ which I did without fail. In September 2008 intrum sent a strange letter saying they will pursuie collection proceedings then a few days later got a letter from BC & Co. Following that had all the threats including a letter saying I was going to court on 8th Oct 2008 (never did). I consulted a solicitor but they just said I should make an offer of repayment, which the solicitor did on my behalf. Her request was ignored and they demanded the full amount just over £800 (includes bank charges £200)

 

Anyway after doing a bit of research I found out about the CCA and sent a template letter to BC and co asking for this to be sent to me. I sent it recorded delivery in October with £1 PO. I failed to hear from them until late December. They have now contacted my solicitor and sent me a pay point payment card with their name on it (BC & Co) I am to pay £5 a month to be received by 15th Jan but this will be reviewed in 3 months. I've read on here that this company has ceased to trade? I am also concerned that they have not provided me with a CCA. Should i just pay this amount each month or ask them again for the CCA? I would be grateful for any advice.

[twofoot]

Do not pay them. You need to send a letter telling them the a/c is in serious dispute etc. I don't have a sample letter handy but I suspect somebody like Scabhunter will post the right letter, he's pretty good at this sort of letter.

[fedup74]

Will this do?

 

 

In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letters of xx/xx/xx and xx/xx/xx, the contents of which have been noted.

 

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 your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

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 14 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 reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[mr.ton]

I cant believe he has his own debtors payment card....the cheek

[ScabHunter]

Should i just pay this amount each month or ask them again for the CCA?

 

Neither.

 

As they have not complied with your CCA request made in October they have no right to be asking you for money. Sending a further CCA request would simply be a waste of time and money.

 

Thanks for the compliment twofoot. In this case, I can't possibly improve on the letter which fedup74 has posted.

 

The only slight correction which should be made is to some of the points of the Consumer Credit Act. Points 77(1) and 77(6) relate to fixed sum credit and not to a running account like a credit card, so they should really be replaced by 78(1) and 78(6) respectively.

 

SH

[Xeon]

Just as well I kept the postal receipt, was signed for by a 'D Carter'. Does it not matter that I've offered a token payment or is this irrelevant? They'll have letters from my solicitor with offer of repayment. I don't want them to write back saying I've agreed to pay up. Anyway, I will be sending the letter tomorrow and wait to hear from them. I will let you know as soon as I do.

 

The payment card came direct from a company called allpay.net

[ allpay.net bill payment & collection solutions ] BC&Co must have set u a payment account for me.

 

Thanks everyone for your help! The solicitor i saw just expected me to own up to everything and pay up basically. If got a ccj she said to "plead guilty". No one ever mentioned about the cca request or my rights, I found out most info from this website.

[mr.ton]

Dont trust solicitors....they are not on your side, they have the DCA's best interests at heart.

Stick to CAG

[meols cop]

Why dont you see about re - claiming the charges which have been levied on the account

[ScabHunter]

Are you serious? What kind of pseudo-licitor comes out with crap like "plead guilty"?

 

If this pathetic caricature of a solicitor had actually bothered to read a layman's book on the Small Claims Track of the County Court, he/she/it would have noticed that one of the first points mentioned is that no-one is "innocent" or "guilty" of anything. This is a civil court which asesses whether or not a defendant is indebted to a claimant, and to what extent, and makes a judgment based on these issues. It is not a criminal court finding people innocent or guilty of committing crimes.

 

I pronounce this idiot "Not Guilty" of being a solicitor. With this degree of incompetence he/she/it should be getting a job with Bryan Carter.

 

Offering a token payment is irrelevant. If you have made a legitimate CCA request, and they are in default of it, they are not entitled to enforce the alleged debt until they have complied with your request.

 

If they comply with the request, but what they produce is unenforceable, then they will not be able to enforce the alleged debt through the courts, and you will still be under no obligation to pay them.

 

SH

[Xeon]

I still bank with nat west and have applied elsewhere for a bank account and was refused. As for claiming back charges I was going to see what reply I get from BC first if any! If BC& Co cant enforce the debt will it be passed back to Nat West or has this been sold on as its an old debt? I don't know how this works.

 

The solicitor I saw said plead guilty to owing the money since there was only so much funding available for them to represent my case. I'm unemployed so had my legal expenses paid. Before I provided the solicitor with proof of income they would only send 2 letters to the DC then close my file. They were not willing to dispute my case due to funding issues. The other advice I was given was to apply for an administration order.

Edited January 9, 2009 by Xeon

[hillards]

I still bank with nat west and have applied elsewhere for a bank account and was refused.

It depends what sort of account you asked for - if you wanted one with a cheque book and credit card then they would no doubt refuse if you have a default or bad credit record, as mucked up by the DCA's, as they do a credit score on a current account application.

 

However you can apply for a basic account at almost any bank, and they should not refuse this. I got one with the Co-Op when the Halifax closed my long-standing account with them after I reclaimed my bank charges.

 

Mine allows me to use the hole-in-the-wall and has a Visa Electron card, which works in most shops and on-line stores I've used. I have Internet banking on it too, and can set up direct debits or standing orders. No cheque book and I don't want a credit card - suits me.

[ScabHunter]

The whole point is that the small claims track of the county court does not find people innocent or guilty of anything. If you go in to a small claims hearing "pleading guilty" the judge will think you are taking the wee.

 

This idiot pseudo-licitor needs to get a job where they can do less damage, like sweeping the streets.

 

You do need to get your banking away from the NastyWest otherwise you will be in trouble. Have you tried the Co-op Cashminder account?

 

The alleged debt may well be passed on. They often are. As long as one set of monkeys has defaulted on a CCA request, the rest can just be given the "bemused" letter.

 

SH

[Xeon]

Thanks for the advice. I was refused the co op current account which I applied for online but they too recommended a cashminder. It sounded just like a savings account at 1st but just checked. I will try them again, Thanks.

[mr.ton]

I got one with the Co-Op when the Halifax closed my long-standing account with them after I reclaimed my bank charges.

 

Ive just been approved for one with the Co-Op as well

My Halifax current account is riddled with debt & way over its OD limit - i have a basic 1 with them as well which i bet they will close or try to "arrest".

So im talking no chances and will have all income paid into this new Co-Op account.

Let my battle with "Retail bank collections" now commence

[hillards]

...My Halifax current account ...i have a basic 1 with them as well which i bet they will close or try to "arrest"...

 

When you open an account, take out a loan, obtain a credit card or sign anything with HBOS, there is a clause about them being able to transfer money from one account to another if they need to - like repaying an overdraft, an overdue amount on a CC, or whatever.

 

They pulled that one on me - I was laid off work, told them, found out the insurance on the CC was useless and wouldn't cover me. Then a couple of months later, they emptied my current account to bring the CC account up to date. That caused all my DD's to fail, we had no money for food, to pay for electric (pre-pay meters) or anything.

 

They would not reverse the transaction, and that's when I found CAG and claimed back all my bank charges instead - got the swines! The CC has since gone into default, and has been to about 5 different DCA's so far.

 

The majority of what they say is owed is charges and interest. The remainder matches what they took from my current account, so I'm not really willing to discuss giving them any more. If it's with a DCA then they've no chance anyway, I refuse to talk to these lowlifes any more.

 

No problems with my Co-op account, and I have found they are a day or so quicker in clearing cheques paid in too!

[mr.ton]

Sorry Hillards i misunderstand you there...did you mean they can take money from my new Co-Op account or did you mean from the Halifax basic account? :-?

[hillards]

Sorry Hillards i misunderstand you there...did you mean they can take money from my new Co-Op account or did you mean from the Halifax basic account? :-?

 

Just within their own group - so if you had two accounts with the Hx they could swap money from one to the other.

 

They can't touch your Co-op account though, that's why CAGgers are advised to take a new account elsewhere when there's any dispute.

[mr.ton]

Oh goody goody...im gonna have so much fun with Retail bank collections now

[fuzzybobble]

I cant believe he has his own debtors payment card....the cheek

 

I had one of those sent to me. It's still attached to the letter. Even funnier is they list two places close to your home where you can easily pay them.

 

With me both shops closed years ago, so I couldn't easily pay them, so I decided not to bother. Just a pity Bryan wasn't man enough to try for a split claim against me. I was looking forward to getting a radio controlled helicopter with his cost cheque.

 

Oh well, one day a DCA will be daft enough to try and lose.

[Xeon]

HI, I haven't heard from BC yet the payment was due today and they've passed it on. I got the usual nice letter from somewhere called Wescot with lots of red ink used! BC said they'd start court proceedings if i missed a payment but they've passed it onto Wescot. what now?

[mr.ton]

Absolutely nothing now...its like a game of pass the parcel in DCA land.

Each DCA has its own style of theats...each as lacking in legal authority as the previous & the next

[Xeon]

Should i send a "Bemused" letter to Wescot like on some other posts on here? On the DC letters they say they are acting on behalf of the bank but are they or do they sell it on so it's now not the bank's problem. In other words do the bank really contact each DC in turn?

[Xeon]

Had another letter from wescot saying that they have tried to contact me. yes I know! Why the orange letter, whats a Telemessage? I think I'm gonna get loads of grief from them.

[Xeon]

Help anyone please! this debt was somehow passed pack to nasty west, i still had an account and they have taken payment out of my account for the full amount! Can they do this as they've defaulted on the CCA?

[hillards]

Help anyone please! this debt was somehow passed pack to nasty west, i still had an account and they have taken payment out of my account for the full amount! Can they do this as they've defaulted on the CCA?

Yes, if the account is with the same banking group they can 'offset' one account against another. It was discussed in this thread on the 9th of January if you look back...