Bryan Carter Payment Card

[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

[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

[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