Bryan Carter and Payday loan

[fairclaire]

Last week i recieved a letter from bryan carter solicitors chasing an outstanding payday loan. The letter basically gave me 10 days to pay up before court action is taken. I know from the numerous posts on here about bryan carter that they are one DCA who actually are likely to go down the court route.

I sent them a CCA and £1 postal order. Today I have recieved a reply (with my postal order back) stating that my payday loan was in fact an exchange between their client and me and not a supply of credit and is not covered under the CCA 1974.

 

Is this correct? If it is then what else can I do to avoid this going to court?

 

Any help much appreciated

[sillygirl1]

They cannot get away with that fob off, you need now to go to the Solicitors Regulatory Authority, the Office of Fair Trading, Trading Standards and the Ministry of Justice. Report both the payday loan company and Bryan Carters for trying to force this issue to court... if they do issue court papers they need to have the documentation available, ie the original loan agreement, full history of the account, the events which lead to the default and the notice of assignment.

 

If Bryan Carter claim that it was an 'exchange' between their clients then they are trying to confuse you and mislead you with their powers to collect.

 

Which payday loan company is involved here - that could have an impact on how to deal with court paperwork if it arrives....

[sillygirl1]

Bryan Carter are a legal firm, NOT a DCA, although they act like one. This in itself needs to be reported to Trading Standards and the Solicitors Regulatory Authority.

[fairclaire]

The payday loan company is The Money Shop. I tried for a long time to arrange a payment plan with them but they wouldn't agree. I gave up trying and hoped it would be passed to a DCA who would accept a realistic repayment plan.

 

Bryan Carter's letter does say they have requested supporting docs from their client which will be reverted to me in due course.

 

And if they're trying to confuse me....it worked!! I thought a loan was a loan?

[postggj]

money shop

 

says it all

 

cattles

[fairclaire]

so I should sit and wait to see what, if anything, bryan carter come up with? Is there any point in me replying to the letter?

[lord_tiger_putin]

The payday loan company is The Money Shop. I tried for a long time to arrange a payment plan with them but they wouldn't agree. I gave up trying and hoped it would be passed to a DCA who would accept a realistic repayment plan.

 

Bryan Carter's letter does say they have requested supporting docs from their client which will be reverted to me in due course.

 

And if they're trying to confuse me....it worked!! I thought a loan was a loan?

 

Their loans ARE regulated by the CCA and they do have credit agreements (I can actually post one here!). Unfortunately I believe they are enforceable but then, I have requested a copy for almost a year now directly to the Money Shop, none have turned up! It seems that the Money Shop all of a sudden send a truck load of their outstanding accounts to these clowns! I received a Letter Before Action from Poor Freddie and I am smacking them with a CPR and I will get my CCA request off to the Money Shop and see what they come up with!

 

Maybe you send your request directly to the Money Shop and should they return with the same story, it will be Account in Dispute!

 

Carter's problem is that he is not in possession of the documents, he should be before starting any action. It seems that he is trying to fob you off and hope you will fall for it. I would suggest you send them the CPR as well, they will probable respond with his famous template letter that he thinks your request is not entirely reasonable, maybe inform him beforehand that you think it is reasonable!

 

 

[Your Address]

 

[Their Address]

[Date]

 

Dear Sir/Madam

 

****NOTICE UNDER Civil Procedure RULES***

 

Re:− Account/Reference Number: xxxxxxxxxxxxxx

 

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 proceedings 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 County 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

[lord_tiger_putin]

money shop

 

says it all

 

cattles

 

Others have posted about the Money Shop recent activity here and I have received demand from Poor Freddie as well, I think this will bear some light on that:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?277031-Credit-Today!....

[fairclaire]

Thanks very much for that lord tiger.

 

Have spent all morning trying to find some of my corre from the money shop. All I can find so far is a letter they sent when the cheque bounced (i did tell them it was going to!). I've realised something VERY strange. Bryan Carter are only demanding half of what is actually owed to the money shop. What is that all about??...why only chase half a debt.

 

Totally confused now

[lord_tiger_putin]

Thanks very much for that lord tiger.

 

Have spent all morning trying to find some of my corre from the money shop. All I can find so far is a letter they sent when the cheque bounced (i did tell them it was going to!). I've realised something VERY strange. Bryan Carter are only demanding half of what is actually owed to the money shop. What is that all about??...why only chase half a debt.

 

Totally confused now

 

See this thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276741-Some-solicitors-using-Split-Claims-how-does-one-defend

 

It seems that he is trying a new trick!

[fairclaire]

Wow! how slimy is that??? so i'm guessing that whilst I think this demand is for half the debt....in fact the 'other half' is probably much bigger.....with charges etc added on.

 

I think I shall CCA the money shop whilst I'm waiting for Bryan Carter to obtain the supporting docs they mentioned. I'm sure anything produced probably is enforceable as someone said earlier.

 

At least being forewarned about how this is likely to go is something I suppose. I don't like surprises!

 

It's all very confusing....but I suppose that's exactly whats intended here

[lord_tiger_putin]

I know from the numerous posts on here about bryan carter that they are one DCA who actually are likely to go down the court route.

 

Court route is the exact right words!

 

Is this correct? If it is then what else can I do to avoid this going to court?

 

He doesn't like going to court!

 

 

I assume he believes he will not be making the same amount of money during a court visit what he can do by issuing 100's more claims in that time!

[sillygirl1]

You can simply state to the court that he is splitting his claim, it is basically game over before he even gets going....

[fairclaire]

I will certainly be watching with interest to see what happens with the others who are experiencing these 'split claims'

 

lol....was thinking about what was in the letter I got today. The money shop 'exchanged' money with me. So payday loans can now be called payday exchanges.....Yes! it does have a nice ring to it:lol:

[Mr Worried]

Hi SG

 

Without sounding sarcastic..I love your post's, always informative.

 

Mr W

[Mr Worried]

Hi Sillygirl

 

Your PM is full.

 

Mr W

[postggj]

Hi Sillygirl

 

Your PM is full.

 

Mr W

 

 

join the club

[lord_tiger_putin]

Just to give you info on my case with the Money Shop and Fredrickson. I received a letter from Fredrickson that legal action is imminent and that I have to pay the full amount or it will go to court. Seeing that they threatened legal action I send them the CPR31 request. Received a letter beck in the true Carter style!

 

"We are no longer representing this client and has return the account to them"

 

Did you smacked Carter with CPR, it seems that he will be running then as well!!