Bryan Carter chasing old EGG credit Card Debt

[gh2008]

IMHO I wouldn't send the letter as is.

 

Sorry but BC have never said it was their debt BUT they are acting as the OC's legal representative and therefore have a duty to deal with/pass on legal correspondence.

 

I'll see if I can hack something together in an hour or so if you need

[seklof]

ok confused a bit m

so i dont send the letter

[seklof]

whats wrong here im confused my jargon gh

[gh2008]

Thank you for your letter of ##/##/####.

 

On ##/##/#### I received a letter before action from you, on behalf of Egg Banking Plc. I understand that this is a requirement of the CPR Pre-Action Protocol. I feel I must point out, bearing in mind the Overriding Objective, that I consider your letter to fall far short of what is required of a proper notice. As I am sure you will agree, it is far better, for both sides, to have all the information to hand before rushing, uneducated, into issuing spurious claims, with all the risks that involves.

 

For your convenience I have copied, what I consider, to be the relevant section of the the Pre-Action Protocol for you below:

 

2. Claimant’s letter before claim

 

2.1

 

The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –

(1) the claimant’s full name and address;

 

(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);

 

(3) a clear summary of the facts on which the claim is based;

 

(4) what the claimant wants from the defendant;

 

(5) if financial loss is claimed, an explanation of how the amount has been calculated; and

 

(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.

 

 

2.2

 

The letter should also –

(1) list the essential documents on which the claimant intends to rely;

 

(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;

 

(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and

 

(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.

 

 

2.3

 

Unless the defendant is known to be legally represented the letter should –

(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and

 

(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs

With reference to my letter of January 23, I noted, from your letter referred to above, that you are claiming to be a solicitor, acting on behalf of Egg, therefore you have a responsibility for dealing with my statutory request.

 

I understand that your reply, acting for Egg Banking Plc is refusing to comply with my lawful request and this is duly noted.

 

 

very little actual legitimacy to the letter, however I enjoyed writing it and it does get across the important points

[seklof]

so now i have two letters

im not sure which is the one to send

[gh2008]

IMHO BC have never hinted that they own the debt OR that they are a DCA collecting it - therefore the 1st letter isn't really appropriate as that is aimed squarely at DCAs

 

BC is a solicitor acting as a legal rep for Egg - unless I'm confused here.

 

 

However BC is not Egg's 'normal' legal advisor nor anyone's who needs proper legal advice ......

In fact does *anyone* know of a case in which BC has turned up against a proper defence and won???

[gh2008]

see what MandM has to say

 

But, at the end of the day, it's your letter, from you. You need to write what you're happy with.

 

BC will probably issue a claim against and if he does he will discontinue if you stand firm - even up to the day of any trial.

 

There is not a letter you can send that will stop him in his tracks - he doesn't work that way. You're gonna have to live with it for the next 6 or 7 years I'm afraid.

 

Treat them for what they are - automated letters from automated monkeys sorry solicitors.

[MandM]

so now i have two letters

im not sure which is the one to send

 

gh letter much more fitting.

 

M

[MandM]

In fact does *anyone* know of a case in which BC has turned up against a proper defence and won???

 

 

I've yet to see one lol.

[MandM]

Def gh's letter there seklof. We were getting ahead of ourselves. The letter from gh puts Mr Carter back in his box for now and gives him a reminder that you're not an easy buck. lol.

 

Have read it and it makes perfect sense to me. Try and understand the contents of it and if you don't understand anything then just shout.

 

M

[seklof]

right guys

iv got the kind of idea here of what i am dealing with - the automated letters have been rollingb through the leterbox for quite some time now but what with the amount of people out there with the same problems im just one of millions

so ill send gh s letter today

see what we get next

shall i send registered again?

 

when you say years how many ?

 

cool

thanks again

[rev.ian]

The only claims Carter seems to win are undefended.

I noticed he lost a claim yesterday because he didn’t pay his court fees; poor man times are hard lol.

Carter normally only works for the more disreputable DCA’s.

[MandM]

Try and keep your letters registered. Write on the receipts what they were for and pin them to your copy. If this donut ever takes you to court I guarantee your paperwork will be in better order than his lol.

 

All helps to build your paper trail covering all events.

 

After 6 years or so it will drop off your credit file. All gone . Also, without acknowledgement or payment from you it becomes statute barred so they can't ask for it again. Happy days.

 

M

[MandM]

The only claims Carter seems to win are undefended.

I noticed he lost a claim yesterday because he didn’t pay his court fees; poor man times are hard lol.

Carter normally only works for the more disreputable DCA’s.

 

I wish they'd hand all my debts to him. Would make life so much easier

 

M

[seklof]

omg

its a deep rabbit hole

blue pill or red pill it seems

[gh2008]

The only claims Carter seems to win are undefended.

I noticed he lost a claim yesterday because he didn’t pay his court fees; poor man times are hard lol.

Carter normally only works for the more disreputable DCA’s.

 

yes, here's a BC & Phoenix thread - the two of them together !!!

http://www.consumeractiongroup.co.uk/forum/legal-issues/235385-bryan-carter-letter-think.html

The Phoenix issue is *very* interesting

[MandM]

yes, here's a BC & Phoenix thread - the two of them together !!!

http://www.consumeractiongroup.co.uk/forum/legal-issues/235385-bryan-carter-letter-think.html

The Phoenix issue is *very* interesting

 

Looks interesting. Will sub and come for a read later.

 

M

[gh2008]

Looks interesting. Will sub and come for a read later.

 

M

and follow the trail of humbleman's phoenix thread and the securitzation thread. Don't know if you were about when Paul's RBS thread started - there's that same sort of underlying 'something big & rather dodgy's going on here' feeling.

[seklof]

ok gh s letter sent registered

thanks guys

any notes i should be taking? im subbing a lot of threads at the moment , wish i could be of help to some of the people on here but with great knowledge and all that blah

what next

[gh2008]

you'll find there will be threads you can help on - the ones asking for letters and how to send a CCA request.

 

Probably been said already, but get yourself organised - big box file for each creditor and keep your filing up to date.

 

Get CCA requests out to each creditor as you get time. It won'y 'spur them into action' but gives you an insight into what they may or may not have.

As soon as you get a letter before action from a creditor, get a SAR off to them without delay. It is amazing what a SAR turns up, just reading the threads linked to above will show you that....

 

Other than that, keep all DNs and TNs with their envelopes and don't stress and panic.

 

Read threads associated with your creditors and it will give you an idea of what each one does. You get the hang of it quite quickly, like some solicitors specialise in teh 'dodgy end of the business' and they are relatively easy to dispatch and you can 'cut your teeth' on then and have a bit of fun thrown in - hence the letter above.

There are others you would not want to send a letter like that to lol

[seklof]

dns tns

guys love the abbs but im new to this stuff

default notice i guess s dn

tn?

lost

ill get there

cheers

its gonna be a fun 5 years by the looks of things

[MandM]

tn = termination notice. you'll have your own in time .

 

Don't be afraid to ask anything. There's no such thing as a stupid question on here.

 

M

[gh2008]

There's no such thing as a stupid question on here.

 

Are you sure about that ?

 

 

there's one for starters

[seklof]

cheers i need a good laff

all good so far

i found some pounds under the bed im gona do soem cca s

not much fun on benefits

onwards and upwards

o how the mighty fall

[seklof]

very little actual legitimacy to the letter, however I enjoyed writing it and it does get across the important points

great letter

stopped him in his tacks

illl post the lette up as soon as my scanner starts working

 

in the meantime i cca d egg - they came up with an agreement, ill check if they got it to me in time

 

its 12 days from posting am i right - long days and sleepless nights however thank to this site and all the help its slowly turning