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Another from Bryan Carter

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Hi All,

 

I received a Final Notice from Bryan Carter today, this is the first and only time I have heard anything from this guy. It states that "Court Proceedings will be issued on 14th December. If payment not received blah blah". His client is Lowell Financial Ltd. chasing me for £2000.

 

First up what does this letter mean? The date is 3 days (Monday 14th Dec) away and there is the weekend so I effectively only have today (Friday 11th Dec) to sort something out. Will they be submitting the case to court on Monday so I could have a CCJ against me by Monday night by not being able to mount a responce in time thus defaulting.

 

If this means he'll be starting to submit the claim on Monday and I'll have time on co-ordinate a defence is there any advice on fighting BC in court? I have read around the forum about requesting all documents he has regarding the case and to get the hearing moved to Middlebrough and requesting the CCA(?). Is there anything else I need to consider.

 

Finally I have read BC uses a Bulk Court where there are no hearings, is this legal? can I request and do I have a legal right to a hearing before getting slapped with a bogus CCJ?

 

So many question but hopefully I have managed to get accross the bulk of my thought process/questions

 

Thanks

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typical action of that fraudulant lot

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=3048634

 

dx


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This man really is a pathetic vile creature!

Add your complaint to the list of thousands and hopefully we can have him put down, irritating little man that he is.

The Law Society - Complaints about solicitors

 

And also inform trading standards via Consumer Direct

 

The sooner this excuse for a human being is culled the better.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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First of all don't worry, don't panic and stay calm.

 

Carter's short timescales mean nothing, if anything they will add weight to your complaint to the relevant authorities when you have fended him off.

 

I would write to him stating you are in receipt of his letter and notin this is the first you have heard of the matter. Tell him clearly that in view of his intention to launch legal action, you are making a CCA request for im or his clients to supply you with the required paperwork. Send this recorded today or tomorrow and it should be received on Monday when Carter says he will launch his action, Your request should throw a spanner in the works because Carter/Lowell have 12 working days to comply and they rarely have any paperwork at all. Without a compliant agreement a claim will be thrown out by a judge.

 

Any legal claim he launches must be referred to you first so don't worry about a CCJ being issued on Monday. That will not happen. If you do receive legal papers from Northmapton post back up here and good advice on defending the claim will be quickly avaiable.

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report the moron to the relevant authorities


PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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This man really is a pathetic vile creature!

Add your complaint to the list of thousands and hopefully we can have him put down, irritating little man that he is.

The Law Society - Complaints about solicitors

 

And also inform trading standards via Consumer Direct

 

The sooner this excuse for a human being is culled the better.

hi there,can we not make cull carter our caggers priority for 2010,as in the near future i get to have my say all being well as i go for a set aside against him then i will hit him with my defendants bill of costs totalling £648.50 ccj that carthorse!!!!.:D

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and add howard cohen to the list


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Thanks for the replies everyone, I must say speedy and helpful one and all.

 

I will follow Nailposts advice and start the CCA request via recorded delivery today. I'll keep you posted as to what the cretin has to say.

 

I'll also be adding my voice to the many calling for this guy to be reined in by the authorities.

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Quick question.

 

I'm requesting the CCA in a letter to Bryan Carter and as far as I know I need to send a £1 cheque/postal order, who do I make it payable to BC&c or Lowell Financial Ltd.?

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Whoever you are making the request of - in this case BC.


I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Thats what I was thinking but the CCA form states whoever owns the debt, in this case his client Lowell. But if thats the case then why send trough BC&c, is it just to get them to back off and let them know there is a dispute?

 

Thanks

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use a PO and leave it blank

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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It's been awhile so thought I'd post an update.

 

The letter was sent and I got a reply back from Bryan Carter in Jan saying he had passed it on to Lowell Finance. As of today I have had no word from them so I'm thinking this matter was all done and busted.

However, I am applying for a mortgage and did a credit check to see what shape I was in, it turns out that Lowell have added a defaulted entry to my credit score :x, now I would think that as they haven't done anything to acknowledge I owe them money this defaulted entry should be removed? Has anyone had experience trying this and if so were you successful?

 

Edit: just noticed this post and thought I should mention this was added to my account last March(09) and was done through my old address which I wasn't receiving any mail from for over 2 years.

Edited by Boro-man

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It's been awhile so thought I'd post an update.

 

The letter was sent and I got a reply back from Bryan Carter in Jan saying he had passed it on to Lowell Finance. As of today I have had no word from them so I'm thinking this matter was all done and busted.

However, I am applying for a mortgage and did a credit check to see what shape I was in, it turns out that Lowell have added a defaulted entry to my credit score :x, now I would think that as they haven't done anything to acknowledge I owe them money this defaulted entry should be removed? Has anyone had experience trying this and if so were you successful?

 

Edit: just noticed this post and thought I should mention this was added to my account last March(09) and was done through my old address which I wasn't receiving any mail from for over 2 years.

 

You could try issuing a s10 data protection notice to them but after the recent rulings I think you'll struggle to get it removed... if they can show you have had the money its not considered enforcement according to recent law to apply a default on your account.

 

That said it should be the original lender putting the default and then the DCA chasing taking over the default.. the only people who should actually default you are the original lenders.

 

S.


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Would this be the s10 you refer to:

 

Notice pursuant to s.10 of The Data Protection Act 1998.

Re: account no. xxxxxxxxxxxx

Account holder. xxxxxxxxxxxxxxxxxx

Address. xxxxxxxxxxxxxxxxxxxx

 

Whereas I have been a customer of xxxxx since xxxxx and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

signed

 

 

 

 

date

 

You say "after the recent rulings" do you have any links to what these rulings entail?

 

That said it should be the original lender putting the default and then the DCA chasing taking over the default.. the only people who should actually default you are the original lenders.

As you know your credit score dates back 6 years so if the original lenders haven't added a default to my credit score, coupled with the fact they can't produce a CCA then surely this must prove their claim is bogus?

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its often the case that the OC lists a default on your credit file then when the account is written off and sold to a DCA they take over the process of listing your data with the CRA's. However most DCA's make up there own default date, which is often around the time they purchase the debt. So double check the default dates as this is good enough reason alone for the CRA to remove the default.

I always contact the CRA first as this keeps the DCA's at arms length. If that fails you need to SAR the OC and CCA the DCA.

Remember if any information is incorrect on your credit file the CRA has a duty to remove it, it has been confirmed to me by the CRA that more often than not the DCA's never respond to disputes etc. Which means the CRA remove the data after 21 days.

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I'm thinking as DCA have completely ignored my CCA am I now in a position to go on the offensive? By this I mean is there any threats I can now make towards DCA for breaking the law by ignoring my CCA?

I would like there to be some kind of stick I can use to rattle their cage before I send a letter to the CRA asking for the default to be removed. Giving the DCA an incentive to the reply favourably to CRAs request to have default remove. Does that make sense?

 

I will also send the SAR to OC see if that turns anything up.

Edited by Boro-man
typo

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Also for further info:

My credit file states that I defaulted on 12/07/2005, however, the "Default" wasn't placed on my file until 01/03/2009.

There is absolutely no mention of the OC, which seems very strange they wouldn't have added a default to my account. How is it that DCA can add a "Default" 3 and a half years after the alleged date it happened?

 

Before 01/03/2009 my credit rating was 977 after Lowell got their fingers on my account it's down to 717!

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Beware - if Carter has your old address, he will almost certainly issue a claim against you at that address, even though he has your current address.

 

You need to push Carter and Lowell on the nature of the debt and make them prove it. Your recourse is to threaten a counter-claim if they sue, or even a standalone claim for ruining your credit file without any reason.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I have just drafted this letter and will be sending to Capital One if no-one spots any problems

 

Date: 18/03/2010

Dear Sir or Madam

Account number – xxxxxxxxxxxxxxxx. The account number as provided by the Dept Collection Agency.

 

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that a "Default" notice has been placed against my account by a company alleging to have bought the dept from yourselves.

 

Neither I nor my partner have a recollection of ever receiving any correspondence from either yourselves or the Dept Collection Agency. I have sent requests to the Dept Collection Agency asking for the information below to which I have had no reply after over 3 months. I therefore require you, as the original creditor, provide me with the information requested at your earliest convenience.

1. You must supply me with a true copy of any agreements you have relating to me. 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, PO Serial Number 1234 567890.

2. You must supply me with a signed true and certified copy of the original default notice.

3. Any deed of assignment when the debt was sold on.

4. Any other personal data you have relating to me.

 

 

The address you would have on file for this account is xxxxxx.

I would request that this data is provided to myself within the next 28 days.

 

Yours faithfully

Looking at the s10 form on page 1, I'm not sure if that's what I need, it looks like it should be sent to the OC not the DCA, also the default has already been applied I'm now trying to get it removed.

 

Has anyone else got any idea why there is such a discrepancy between the defaulted date and the "Default" being applied to my file and would this be grounds on which to build my case with the CRA?

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Hi DonkeyB, does that mean I should send another data request to Lowell like the one above? My problem is I have done the first step of send a CCA request, I don't know the next correct course of action... Another CCA or something else(open to suggestions)?

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