Bryan Carters Final Notice

[Dreadnought]

Now, I have read a lot of information on this website regarding Bryan Carter, so have some knowledge on what to expect from him.

 

He has sent me a Final Notice, identical in wording to other notices that have been posted here, for a combined debt of ~£3500 (an overdraft and personal loan taken out with the same bank). Previous to this I had received letters from a variety of DCAs but had ignored them. I know this wasn't the smartest thing to do, but I have to admit I was intimidated and didn't know what to do and, to borrow a cliche, stuck my head in the sand.

 

Eventually, my account was passed to Frederickson Int., and then Bryan Carters. Now since this was the first solicitors that had contacted me about this account, I got even more worried. I then started looking on the internet for information and found this website.

 

A lot of posts have indicated that he will slap a CCJ on you given the chance and I thought I could not ignore this any longer.

 

So when this Final Notice arrived, the first thing I did was to send a CCA request off to his office Special Delivery. He received that this morning. However, I very much doubt he will reply.

 

I think I know what to do if he does submit a claim, having read a lot of posts on this matter. I will send a CPR31.14 request to him and then submit my defense based on what information, if any he provides.

 

The real question I wanted to ask is that in all of their letters to me they have used the wrong middle initial putting 'Da' instead of 'A'. I know that this is a very small point, but would this be a problem for them, as technically I am not who they are writing to??

 

Thank you very much for all the advice I have read on here and any that is forthcoming from this thread.

 

Dreadnought

[dx100uk]

wont matter about the name

 

combined debts ay...

 

thats blown him out the water for a start.

 

how old are these/

 

when was YOUR last payment or IN/OUT use of them

 

dx

[The Debt Star]

are any of your accounts in dispute?

[Dreadnought]

wont matter about the name

 

combined debts ay...

 

thats blown him out the water for a start.

 

how so? I assumed that as these were with the same bank it wouldn't matter.

 

how old are these/

 

when was YOUR last payment or IN/OUT use of them

 

Firstly my overdraft was taken out in late 2004 and the last payment in would have been around June 2009. My loan was taken out in Feb 2008 and the last payment was made around the same time as above.

 

Dreadnought

[Bazooka Boo]

Because a Loan comes under one section of the CCA and Overdrafts have certain exemptions from the CCA, so to combine the two will need a new agreement to be drawn up and signed to come under the CCA.

[themagician]

nice one boo,new we could rely on you for this one!.

[Dreadnought]

I have never signed a new agreement to combine the two together, so does that mean unless he splits them into separate claims he would be unable to enforce it? I would like some clarification on how this affects my particular situation.

 

Thank you

 

Dreadnought

[Bazooka Boo]

Put simply, if you were to send a CCA request for this combined agreement, then their wouldn't be one as you haven't signed a new agreement allowing both the loan and overdraft to be lumped together, therefore, it is my understanding, that in order for BC to enforce this he would need to argue both cases seperately, the loan agreement which comes under s77 of the cca, and then the case of the overdraft, which has part V exemptions to the cca.

Without the original agreement to show the court, he would then need to chase for them seperately, and show the original agreement for the Loan and the Overdraft.

I'm going to stop talking as I'm confusing myself on this?

[Dreadnought]

Now I'm really confused!! So my CCA request was pointless as there isn't one that covers the amount asking to be repaid? Is this a full defense if it ever got to the court stage?

 

Dreadnought

[Bazooka Boo]

No no, the point I was trying to get across was that you initially will have had two seperate agreements, one for the Loan s77 and one for the overdraft.

You request the CCA for the loan they fail to produce one account in dispute...

BC then foolishly has sent you a letter chasing both of the accounts combined, for which there isn't an agreement for as you never signed an agreement for that amount.

Therfore if he is that foolish to try and put this before a judge then there is no agreement to show, so he will be unable to win his case.

If you previously asked for the CCA for the loan and this hasn't been received or is unenforceable, then BC should be sent the http://www.consumeractiongroup.co.uk/forum/content.php?425-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request

 

I hope the link works, as it has changed?

[Dreadnought]

I will say that I have never been chased for either the loan or the overdraft separately - and in fact the only time it was ever mentioned separately was the with the first DCA, who were still asking for the combined amount.

 

Now I'm confused as what to do

 

This has turned somewhat very confusing

 

Dreadnought

[Jasper1965]

Now I'm really confused!! So my CCA request was pointless as there isn't one that covers the amount asking to be repaid? Is this a full defense if it ever got to the court stage?

 

Dreadnought

 

Not pointless far from it actually. You have simply requested a copy of the agreement as is your lawful right, if BC can't produce it for whatever reason within the relevant time period then you are entitled to lawfully dispute the account.

Of course if the reason for not producing it is that it doesn't exist and never did then BC are going to have more than a little trouble if they were to seek enforcement.....

 

Was it your fault the bank chose to enter you into a third agreement without your knowledge or approbation?

 

did you ever receive anything in writing to the effect the original accounts were terminated and the sums due were consolidated into a single new account?

[Bazooka Boo]

I will say that I have never been chased for either the loan or the overdraft separately - and in fact the only time it was ever mentioned separately was the with the first DCA, who were still asking for the combined amount.

 

Right OK, so have you requested the CCA at any time?

If so, has it ever been produced?

If it has then scan and post it up here PLEASE remove ALL ID, bar codes ref numbers, names, funny little codes at the edge of the document etc.

 

IF they haven't been able to produce the CCA for the Loan agreement, as it is ONLY the loan that will come under the s77 CCA, then you should place the account in dispute: http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

If you have sent that to whoever failed to produce the CCA then any Subsequent DCA's who chase for the alleged debt should be sent: http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

As for BC and his threat he should be sent: http://www.consumeractiongroup.co.uk/forum/content.php?425-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request

 

I hope that has cleared it up a little for you?

 

In a nutshell they cannot simply lump a loan & overdraft together as they come under seperate parts of the CCA.

[Dreadnought]

OK, I think I understand a bit better now. As far as the CCA request is concerned, this is the first time I have ever requested it and only after the final notice was received (he only received the request this morning).

 

Do you think it would be worth writing to him to ask for the breakdown of debt and how he has calculated the total balance?

 

Thank you for the advice you have given me so far!

 

Dreadnought

[Bazooka Boo]

OK wait and see what, if anything, comes back from the CCA request, remember they have 12 'working' days from receipt of your request, after which if they fail to provide, you can 'legally' withhold payment until such time that they do provide an enforceable agreement.

[themagician]

just a final word,if you do not get a response in the 12+2days for your cca,when this time scale has elapsed you must send the acc in dispute letter to BC as it is not applied automatically.cheers

[Dreadnought]

Since my CCA request I have received a letter from BC saying that he has referred the matter to OC until he receives new instructions and he has placed my account on hold. I have also now received a letter from NatWest saying in order to comply with my CCA request they require a signature for data protection. They have also attached what looks like a photocopy of my request that has both of my account numbers (ie for the loan and overdraft written on the top).

 

What would you suggest I do now? As far as I know, you don't need to sign the request for it to be valid. I kind of think they may be fishing for a signature so they can put together an agreement that covers both of the debts.

[Bazooka Boo]

You are right, there is no requirement for any signature to be supplied in order for them to comply. This is simply them delaying the inevitable, which I take as a good sign that they don't have the document requested.

I did have a fantastic bookmark which stated the legal stand on supplying signature, ie. there is none, but true to form I've lost it.

I believe it is something along the lines of,

The time to confirm my Identity was prior to your first threat letter demanding money from me, as you are unsure as to my Identity I await your written confirmation that this matter is now closed. If you disagree, please state in writing why you believe this to be so, and under which specific section of the Data protection Act you are requesting a signature.

 

There isn't any part of the DPA which states that signatures confirm peoples identity, they are talking bowlarks. Although I stand to be corrected on this and pointed in the right direction!

[harrassed senior]

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2009 in which you say that you will not comply with my request dated xxx under s.78(1) of the `Consumer Credit Act 1974 unless I provide you with a signature.

 

There is no requirement under the Act that require a s.78(1) request to be accompanied by a signature, and I am unable to accede to your request.

 

Further, I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998. The time to confirm my identity was before you sent your first threat letter.

 

My request for a true copy of my credit agreement under section 78(1) was made on xx/xx/2009 and the 12 working days for your compliance expire on xx/xx/2009. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

Please now comply with your legal obligation without further delay.

 

Regards

[Dreadnought]

Thank you for your responses.

 

Harrassed Senior, that is the letter I have decided to send back to them, as I was browsing other threads and found that letter. It seems, though, that even after that they will still try to get you to sign a letter.

 

I will be sticking to my guns though as I am certain no agreement exists that covers both accounts together.

 

Dreadnought

[Revenant]

Hi Dreadnought

I was bored at work one day and did some digging re "Signatures" below is the link and I hope there's some info in there that may help

http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&p=2788625

 

Good luck

 

R

[Dreadnought]

Thank you Revenant, that was an interesting read and quite informative - I get the impression that regardless of the legislation and law, that they think they can do whatever they want. I have sent the letter as detailed above and will wait for their response. Not that I expect them to comply with the request. Once the deadline has passed, I will send the account in dispute letter, mentioning that I will not enter into further communication with them until they have provided the information - again not I expect them to comply with that either!

 

Dreadnought

[Revenant]

Thank you Revenant, that was an interesting read and quite informative - I get the impression that regardless of the legislation and law, that they think they can do whatever they want. I have sent the letter as detailed above and will wait for their response. Not that I expect them to comply with the request. Once the deadline has passed, I will send the account in dispute letter, mentioning that I will not enter into further communication with them until they have provided the information - again not I expect them to comply with that either!

 

Dreadnought

 

If they want to play silly beggars let them

When it goes pear shaped for them they'll have no one else to blame

R

[Dreadnought]

Just an update to this thread - I have received 2 separate letters from NatWest regarding my CCA request. One looks like a correct version of the CCA for my loan and other is detailing my overdraft.

What would you suggest my next step is regarding this?

 

Dreadnought

[Rocky Roadster]

Subbing as I have a loan and OD with Natwest that I am dealing with. At the moment they are still bouncing loan payments to themselves and charging me even though I have written to them and revoked the authority. Interest and charges are piling up despite my letters and 2 IE forms.

Good luck,