Bryan Carter Letter - CCJs, balliffs, old addresses etc

[badboydolphin]

Hi all,

 

Just got the usual initial letter from Bryan Carter stating that:

 

Captial One

 

This matter will be referred for court proceedings to be issued on 4 August 2010. Etc

 

From reading the other posts on here I know the first step is to request a CCA letter from them and they only have 12+2 days to reply.

 

I also know (from this site) that they will most likely start the claim, send the paperwork to an old address (although I have lived at my present address for 6 years), win the claim as a result cos I then can't defend.

 

What I am concerned about is balliffs turning up: I also don't understand how if they have started the claim (and won by default) at one address they can start gunning for you at another address - ie balliffs, attachment of earnings etc?

 

If they do send the paperwork to my existing address then I will defend using the 'haven't got the CCA back' etc defence outlined elsewhere. Also know that they will only claim for about £250 despite owing cap about £8-900.

 

BTW I took the signed the original agreement back in 2002, but appreciate that the pre-2007 stuff is a separate issue that has mention in other posts.

 

So, in summary, if they get a default at my previous addres. How can they go for me at my present address and will I have Balliffs turning up with appraently - bona fide paperwork for my present address.

 

MAny thanks

[cerberusalert]

moved to debt Collection Forum

[cerberusalert]

Well since Carter has threatened court action you can now use CPR so send him this and wait for a letter saying he's discontinuing

 

Their address

 

 

****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols. Nevertheless in my response to your letter please be advised of the following.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

[harrassed senior]

What I am concerned about is balliffs turning up: I also don't understand how if they have started the claim (and won by default) at one address they can start gunning for you at another address - ie balliffs, attachment of earnings etc?

If they do send the paperwork to my existing address then I will defend using the 'haven't got the CCA back' etc defence outlined elsewhere. Also know that they will only claim for about £250 despite owing cap about £8-900.

BTW I took the signed the original agreement back in 2002, but appreciate that the pre-2007 stuff is a separate issue that has mention in other posts.

So, in summary, if they get a default at my previous addres. How can they go for me at my present address and will I have Balliffs turning up with appraently - bona fide paperwork for my present address.

 

Firstly, plenty of time to worry about bailiffs, so do not concern yourself about that yet.

 

IF they get a CCJ at an old address, that will be easily set aside as they are corresponding with you now at your new address, so easily proved.

 

IF they push it through at your current address once you have sent the above letter, you would again be able to set aside do to non-response to your request as above.

 

IF they were to eventually get a CCJ, you would hear from the Court, normally Northampton, and it will say what the repayment schedule is assuming you do not attend Court in person.

 

Again, you can apply to have the repayment schedule re-heard in your presence. Only then, if you do not keep up with the payments can they apply for a Warrant Of Execution which will allow a Bailiff to call, so no worries yet.