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Bryan Carter & Co demand personal info


pezz1753
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I recieved a letter last Thurs from Bryan Carter & Co regarding a mobile phone debt. They demanded I fill in thier attached form showing my 'Bank account details, My Mortgage Co details, & my work details including my employers full address & 2 recent payslip.

 

Am I legally obliged to give them this information even though it has not been to Court and I have made a realistic offer of £50 per month:confused:

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First of all DO NOT SPEAK TO THESE PEOPLE ON THE PHONE!!

 

Right, now that is out of the way - You are under no obligation whatsoever to send this information to Bryan Carter. Only a court can demand an income/expenditure statement from you.

 

You say you have made an offer to them - are you sure you owe what they are asking for or that they are actually entitled to collect on this? If you are sure, then did you put your offer of payment in writing?

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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It does seem a bit excessive, as far as I remember it was about £300 when now it has crept up to over £700! I still have the letter offering £50 a month ready to post!...Should I still post it?

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It does seem a bit excessive, as far as I remember it was about £300 when now it has crept up to over £700! I still have the letter offering £50 a month ready to post!...Should I still post it?

 

Did you notice in the letter they said they may take this to court :rolleyes: It's a typical threat-o-gram.

 

If they are asking for £700 and you know that is wrong, send them the prove it letter. They then have to show you evidence that this debt exists at the amount they are asking for!! PRINT your name do not sign and send the letter recorded delivery.

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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I recieved a letter last Thurs from Bryan Carter & Co regarding a mobile phone debt. They demanded I fill in thier attached form showing my 'Bank account details, My Mortgage Co details, & my work details including my employers full address & 2 recent payslip.

 

Am I legally obliged to give them this information even though it has not been to Court and I have made a realistic offer of £50 per month:confused:

 

Hi.do not give this info to carters under any circumstances, please read the many threads on here concerning this despicable "solicitor"

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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And send any letters to BC by recorded delivery (we wouldn't want them to say they didn't get it would we? ;)) then you can print off the signature receipt from the Royal mail website - keep that with a copy of your letter.

You may need to prove you sent it!

 

BC is a slippery character, watch out for a claim from Northampton CC - his favourite place!

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You'll get plenty of help here to fight BC! ;):)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 2 weeks later...

To update......Despite sending the template by 'clemma' on 4th april, Bryan Carter have totally ignored everything written and have sent me this:

 

http://i656.photobucket.com/albums/uu281/pezz1753/bryancart-1.jpg

 

Surely I have a right to veiw copies of all the information they are relying on regarding this debt? They still want over £700 for a bill I recall was less than £300 ! What is my next step???

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The onus is on them to prove you owe the money, and they will be well aware of this. The only other thing you could do is SAR the mobile phone company (but this costs £10) and you will receive all your statements etc.

 

However, you have asked them for proof and if they are not prepared to show you any, how can they expect you to pay. Bryan Carter's are the lowest of the low. Hopefully someone will have a nice letter you can send to them (I will try and look in the meantime though).

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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The point is that they have to prove that the debt is valid, not you prove the debt is invalid, they are clearly talking rubbish.

 

If you have no knowledge of a debt for £700 to Bryan carter or anyone else, you have a legal right to question it, if they say you haven't got that right then I would suggest that you complain to Trading Standards, OFT and FSA

Hope this helps

 

 

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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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It's basically impossible to prove you don't owe something. In court they call it "proving a negative" It's not possible as you cannot produce paperwork that proves you haven't taken out a loan or HP agreement, etc.

 

I'd send the silly fool this......

 

 

 

FORMAL COMPLAINT

 

Reference number: xxxxxxxxxxxxxxxx

 

Dea Mr Cretin...I mean Carter,

 

I really am surprised that a solicitor doesn't understand the basics of the law and OFT guidelines on Debt collection.

I made a request to your company to prove the alledged debt you claim that I owe. This is a perfectly lawful and reasonable request to make when someone disputes an alledged debt. But you reply basically accusing me of debt avasion. Why?

 

As you will be aware under the Consumer Credit Act 1974 I have a legal right to the information and documents I have requested from you. You will also be aware without such documents, any legal action you may take will result in your claim being struck out and costs awarded.

 

You will also be aware that I am under no legal obligation whatsoever to supply you with personal information, such as wage slips, bank account details, and employer contact information. Have you not heard of Identity Theft? I will of course be reporting this abuse of authority to the Office of Fair Trading.

 

Your companies behavour so far has been nothing short of disgraceful and I will have no hesitation in reporting this to the Office of Fair Trading and the The Solicitors Regulation Authority.

 

You have 7 days to comply with my original request. I will not correspond with you further until you do.

Please note any court action you try to take will be defended. I will also counter claim, as your demands for payment on an alledged debt you have so far refused to prove exists, will be treated as harassment.

 

I look forward to a prompt reply.

 

Yours Faithfully, xxxxxxxxxx

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Nice letter fuzzy ;):)

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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.. and ask for your costs incurred in having to write to them about an unproven debt i.e. cost of postage, paper, parking near post office should be about £3.00 a letter - why should you have to pay out to get information which they should have sent you at the same time as demanding payment.

 

Give them 14 days to reimburse you or else prove you owe the debt!

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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  • 1 month later...

Bryan Carter has responded again with another arrogant demand for the disputed amount of my old mobile bill dispite my template letters (kindly supplied on this forum.) He also attached another form requesting lots of my personal details. http://i656.photobucket.com/albums/uu281/pezz1753/BC1-1.jpg

Any help appreciated as to my response?

Thanx.

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The onus is on them to prove you actually owe the debt. Carter is a sly one. I am sure someone who knows more will be able to help you soon. I am giving you a bump.

:cool::cool: Blondmusic :cool::cool:
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Reply by asking the stupid creitn for a copy of their complaints procedure. Give him a matter of days to do so and then make that complaint. If he ignores this reasonable request file a complaint against him to all and sundry.

 

Write to the original creditor and ask WTF is going on. If they have not sold the alleged debt then they are just as reponsible for their agent's actions and will be included in any complaint.

 

Turn the heat on BC&Co and you will quickly see them scyuttle back under their stone.

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