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    • This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 
    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
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kalijack

Bryan Carter - urgent help please!

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I got a letter from Bryan Carter a couple of weeks ago, regarding an old debt with Nationwide, threatening me with bailiffs, and mentioning a CCJ - which I checked on my records and does not exist. After checking the various threads on here regarding this company's dubious practices, this is the letter I sent them back:

 

To Whom it May Concern

 

Your reference – Nationwide Building Society xxxxx

I do not acknowledge ANY debt to your company.

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours Faithfully

This morning, I received a reply, acknowledging receipt of this letter, but they want me to phone them back to discuss this further. I am not comfortable phoning this people up. This is the actual text of the letter:

 

We thank you for your recent communication, however we need to discuss this matter further with you.

 

Could you please call our office on 0845 3133128. The account has been placed on hold for 10 days. Please note that further action may be taken if you do not contact us immediately.

 

We look forward to hearing from you.

 

BTW, this debt is about 6 years old.

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Don't phone them under any circumstance. It''s probably because it is or almost Statute Barred that they are chasing you. One slip of the tongue on the phone and they will take that as having acknowledged the debt. You have made your request now all you have to do is wait for them to reply. If they don't reply and just keep chasing you, report them to the OFT for harrassment.

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So do I just ignore them? Or is there any other letter I should write back?

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I would just ignore them. You have already made your position clear in your letter, which they have but are choosing to ignore. Two can play at that game. Don't be frightened of these numpties - you are in charge here, not them.

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Await their response to your letter/request, I presume you sent the letter recorded ? Once they go over the 12+2 working days from the date of their receipt of your letter and NOT having sent a copy of your agreement then they will be in default of your request and the debt cannot be enforced whilst in default of your request (although some will try - and unless defended will gain judgment) (The agreement request has to be sent to whoever owns the debt currently - I presume this is Carters...)

Edited by 42man
typo..

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