Bryan Carter ???

[poppygirl1]

Hi.

 

I have recently received a letter from a bryan carter solicitors Re: Mint...FINAL NOTICE

 

the letter states dear sir/madam,

 

You have failed to reply to this debt which is seriously overdue. this matter will be referred for court proceedings to be issued in 10 days if payment is not received at our office by that date.

 

Then letter continues to say about adding costs, interests ect should it be necessary to go to court ..and that i must make payment before a certain date if i wish to avoid going to court and that it will remain on judgment for 6 years.

 

Not sure what to do? I was going to send them a letter disputing the debt and asking for my CCA, but I am not sure it is covered, someone told me the debt has too be before a certain date in 2007. Can someone please explain this too me? and what do I do if my debt falls in the expection of this.

 

thanks all advice really appreciated.

[wiltshirecouple]

If it's for a Credit card or loan send the CCA letter, they have 12+2 days to reply, send by recorded delivery with a postal order for £1 and DO NOT SIGN THE LETTER, just print your name.

[poppygirl1]

It is for a credit card. I want to send the letter, but I am not sure it is covered by a CCA as its a fairly recent debt and I have heard they dont have supply a CCA for debts taken out after 2007. Do you know if this is true. thanks.

[wiltshirecouple]

I don't but someone will be along to assist further.

 

If it drops down the list during the night, bump it back up tomorrow morning.

[dx100uk]

garbage.........

 

anyhow, the actual thing is that after 2007 it is more likely they will have the CCA, if or if not it is enforceable, in all actuality makes little diff.

 

if its un-en, it just means they cannot go to court to enforce it.

however, it doesn't wipe the debt out, much against what these so called claim co's sprout out.

 

can you give us a bit of history of the debt pse

 

last payment

what is was

time taken out

 

bc are known to be crafty and go for ccj's but typically its just hot air.

 

dx

[poppygirl1]

HI and ty.Its for a Credit card with Mint taken out in 2007. I ran into trouble a year later and was paying £30 pre month, they were piling on the interest, the more I paid the more they wanted etc. In Jan 2009 I stopped paying altogether as I just couldnt, once I stopped paying, they stopped contacting me. Now out of the blue the letter from Bryan Carter. The original debt was for £1424, its now £2119. Thats a lot of charges and interest.Should I write disputing the debt and ask for CCA then.Thanks so much for advice.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/205598-mint-card-cca-enforeable.html

 

is worth a read

 

and also type in mint in the search in our blue bar at the top of your thread.

 

18mts is a long time not to have had any other letters .

 

std phishing letter with if, might, could, etc etc

 

i'd sit tight

 

dx

[john 333]

hi, whatever the great people on here advise you to do, do it quick as Carter is a swine for going for a ccj at the drop of a hat. He did it to me quite recently, before I knew of this site, sorry i can't be of more help

[poppygirl1]

Hi. Thank you for all your advice, if Bryan Carter do apply for a CCJ, will I have a chance to defend it? if yes, what would be my defence. thanks again

[dx100uk]

yes you will

 

can i ask one thing

 

have you lived at the same address since you've had the card

 

dx

[poppygirl1]

Yes I have. Does this make a difference?

[dx100uk]

yep

BC rarely try it on without an old address to try and sneak in a ccj behind your back.

 

time to look at reclaiming all the unlawful charges & mis-sold? PPI.

 

oh and i wouldn't totally rule out the CCA as being un-enforceable, thats not so cut and dried with mint one [RBS]

 

a CCA and an SAR might well be in order.

 

dx

[Undercover-Elsa]

Hi,

What exact date in 2007 did you open the account? The rules changed on 6th April. Doesn't stop you sending for CCA etc as advised above, it only makes a difference to the way the courts can handle the case.

Definitely do a Subject Access Request too to check on those charges.

 

kind regards,

Elsa x