Natwest/Triton/Moorcroft/Fredick/Bryan Carter

[gavzee83]

Hello. Please could you give me some advice on a ongoing issue I have with Natwest.

 

It started a while backed when I went overdrawn with Natwest and incurred 'snowballing' charges. With default fees and admin fees I now owe approx £600 to Natwest.

 

I have sent them letters in the past reclaiming my charges but they refused to pay back, and also in January 2010 I received their final letter in regards to bank charge reclaiming and the bank charge case result in the high courts, saying that they were no longer willing to look at my case.

 

This year I have had Moorcroft chasing me for payment, whom I sent letters explaining the account was in dispute with Natwest and now I think the debt has been passed to Fredickkson who have been chasing the debt. However, I have been ignoring them for now.

 

Unfortunately, one day they rang my house phone, and my mother-in-law, who happened to be babysitting my son at the time, gave them my mobile number. Now I have them texting me 'please call this number, urgent!' messages.

 

The worrying thing is, today I have received one from Bryan Carter solictors asking me to call them urgently. Does this mean I will be taken to court soon? I am a bit concerned because I have a holiday booked in August, and I will have to attend court and fight for my charges back.

[sillygirl1]

Send Bryan Carter the 'bemused' letter from the templates, he is easily fended off. Just because he claims to be able to take you to court very quickly doesn't mean he will.

 

You need to get the 'bemused' letter off with the following statement added (don't forget the I DO NOT ACKNOWLEDGE ANY ALLEGED DEBT TO YOUR COMPANY OR ITS AGENTS/CLIENTS

 

I am bemused that a solicitor should write to me when this alleged debt was clearly put in dispute by the following actions....

 

(list the dates you sent the letters - with copies attached if you still have them)

 

Please be aware that any court action will be vigourously defended and costs will be claimed should a Notice of Discontinuance be issued at any time during the proceedings.

 

Don't forget to use a digital signature...

[gavzee83]

Hi sillygirl, thanks for the reply.

 

This is what confuses me, is my debt in dispute if Natwest have sent me a final notice explaining that they will no longer look into my claim? In their eyes, surely the account is no longer in dispute? Or am I wrong?

 

I know I dispute the debt, but is that enough to say to Bryan Carter that the debt is in dispute?

[sillygirl1]

It should be, but Mr Carter is a law unto himself. You need to also report Nat West to the Banking Ombudsman, the FSA and the FOS for passing your case on and not dealing with it fully - just because they say they are not refunding the charges doesn't mean you have an invalid claim.

[gavzee83]

Thanks for the advice Sillygirl. Do you know where I can find the template to send to Bryan Carter?

 

I have attached a copy of a final notice I received off them on Sat 10th July (2nd Class post ) demanding that I pay the amount in full or they will take me to court.

 

How long does it normally take to get a hearing at court? It's just that I have a holiday booked from 7th August to the 21st August, and I don't want to spend it worrying about defending myself in court whilst I am on hols.

Bryan Carter.pdf

[gavzee83]

Hello again. I want to respond to Bryan Carter's final notice but I am unsure what to send him. Could anybody help please?

 

Should I maybe send him a letter asking to send me any records he has on hold of me to help with this case?

 

Any help would be very much appreciated.

[themagician]

Hello again. I want to respond to Bryan Carter's final notice but I am unsure what to send him. Could anybody help please?

 

Should I maybe send him a letter asking to send me any records he has on hold of me to help with this case?

 

Any help would be very much appreciated.

this the bemused letter from the library.do as silly girl said!

 

Something like this:-

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully ( do not sign it print only!!!!!!)