bryan carter letter - advice very welcome!

[g66]

Today I received a letter from Bryan Carter advising that if I do not make full payment within 14 days then he will recommend to his client that proceedings be issued without further notice. The debt is from an original loan and a credit card from EGG. It was passed to Credit Solutions some years back and I was paying them at around £45 per month but a few months ago I could afford it no longer and cancelled the payments. They passed the debt to Fredrickson International who have sent me several letters all of which I have ignored. The alleged amount is £1507.68 but I have no way of checking this. The letter says I should telephone Fredrickson immediately to avoid further action but the last thing I want is them knowing my telephone number. I would be grateful of any help as to how I should proceed with this.

[sillygirl1]

Do not telephone anyone and ignore for now - read the other threads on Bryan Carter on the forum and you will see what he is like.

[babybear39]

Hi and welcome to CAG

[g66]

yes, I have been reading them all morning. I have drafted a letter asking for CCA. Should I send this now or wait for a follow up letter from him? thanks so much for replying

[DonkeyB]

Clearly you have acknowledged you owe a debt. Did you not try to negotiate a smaller, token payment?

[g66]

no. I have not communicated at all with Fredricksons or Bryan Carter. All my previous payments were to Credit Solutions.

[Guest Cartaphilus]

Then, as you say, you don't know the exact amount ... Send CCA request ASAP, do not wait for rubbish letters from them until doing so. The template letter is in the library on CAG. Follow the instructions as per the letters page. I can't give a link as not on pc.

[g66]

thank you. I will do that

[themagician]

subbing

[g66]

I have received a reply to my request for a CCA which I sent to Bryan Carter. The reply came from Frederickson International saying that they are unable to provide the documentation and I should request it from EGG, who they refer to as their 'client'. I am not even sure if EGG is their client as this debt was passed on from Credit Solutions. They say I should continue to maintain payments as agreed. But they know I am not making any payments hence their chasing me! Can anyone advise me as to what this means? Thanks

[DonkeyB]

It means they are in breach of your legitimate CCA request, and you should now send the n‘account in dispute’ letter.

 

They were obliged to forward the CCA request. The fact that they have not is tough. Did you get the payment returned?

[g66]

It means they are in breach of your legitimate CCA request, and you should now send the n‘account in dispute’ letter.

 

They were obliged to forward the CCA request. The fact that they have not is tough. Did you get the payment returned?

 

I have made no payments to them whatsoever. Any payments I have made in regard to this debt have been to Credit Solutions who have passed the debt to them. That is why I am confused as to their request to maintain payments.

[DonkeyB]

No, I meant the £1 payment for your CCA request!

[g66]

No, I meant the £1 payment for your CCA request!

 

yes, they returned that

[g66]

It means they are in breach of your legitimate CCA request, and you should now send the n‘account in dispute’ letter.

 

They were obliged to forward the CCA request. The fact that they have not is tough. Did you get the payment returned?

 

Thanks for your help thus far DonkeyB. I have located a copy of account in dispute letter but it is not yet 12+2 days since I requested the CCA and so I wonder if the account can yet have entered default. I requested the CCA on 15th and they replied today. Do I have to wait or can I send the letter regardless?

[babybear39]

Give them their 14 working days and then send it

[g66]

Give them their 14 working days and then send it

 

thank you

[Tingy]

Absolutely agree! If Frederickson were trying to collect the debt, they are legally obliged to forward your request to the OC. If they don't know the law about their obligations then that's their problem, you just wait 14 days then place the account in dispute for non-compliance with CCA request.

[Halibutt]

Agree with the others' advice. The £1 postal order was for Frederickson to comply with your CCA request. They've failed. Account in dispute...

 

But... do Frederickson own the alleged debt or are they "acting on behalf of"?

[babybear39]

Simply ask them if the alledged debt an ABSOLUTE asignmemt or an EQUITABLE asingnment.

 

Though, under the CPUTR 2008 it really doesn't matter anymore

[g66]

Agree with the others' advice. The £1 postal order was for Frederickson to comply with your CCA request. They've failed. Account in dispute...

 

But... do Frederickson own the alleged debt or are they "acting on behalf of"?

 

I don't know how these things work. After defaulting with EGG the debt was passed to Credit Solutions. I was paying them monthly for several years then I just couldn't afford the payments . They passed the debt to Fredrickson then to Bryan Carter and now I seem to be dealing with Fredrickson again. They refer to EGG as their 'client' but I'm not sure how this can be

[Halibutt]

You need to ascertain who actually owns the debt now. Could you let us know what was in your latest letter from them, or even better, scan and post it? That should give an indication of whether Frederickson are collecting on behalf of Egg or if they now own the alleged debt themselves. Don't forget to remove any personally identifiable info - including account/reference numbers and bar codes.

 

This makes a difference as who to contact/argue with!

[g66]

You need to ascertain who actually owns the debt now. Could you let us know what was in your latest letter from them, or even better, scan and post it? That should give an indication of whether Frederickson are collecting on behalf of Egg or if they now own the alleged debt themselves. Don't forget to remove any personally identifiable info - including account/reference numbers and bar codes.

 

This makes a difference as who to contact/argue with!

 

I can't scan the letter. It is very brief. It says:

 

"We return herewith your payment of £1.00 as we are unable to provide this information. If you require documentation you can request this direct from our Client but in the meantime you must continue to maintain payments as agreed."

 

They then give me EGG's address.

 

Last week Bryan Carter was threatening prosecution now I am back with Frederickson. I was under the impression that Egg sold the debt to Credit Solutions to whom I was making payments for years. When I defaulted on those payments the debt was passed to Frederickson

[Tingy]

I can't scan the letter. It is very brief. It says:

 

"We return herewith your payment of £1.00 as we are unable to provide this information. If you require documentation you can request this direct from our Client but in the meantime you must continue to maintain payments as agreed."

 

They then give me EGG's address.

 

Last week Bryan Carter was threatening prosecution now I am back with Frederickson. I was under the impression that Egg sold the debt to Credit Solutions to whom I was making payments for years. When I defaulted on those payments the debt was passed to Frederickson

 

Regardless of whether or not they own it, if they're trying to collect the debt Fredericksons have a legal obligation to pass your CCA request to Egg. The easiest way to see if Egg has sold it is to have a look at your credit file free online. If it's been sold it will be marked as settled. You'll also probably be able to see who bought it if it was sold.

 

These things always do the rounds and will probably pass through several more DCA's. Bryan Carter is known for issuing legal threats - only occasionally does he see them through and often slips up in the process.

[g66]

Regardless of whether or not they own it, if they're trying to collect the debt Fredericksons have a legal obligation to pass your CCA request to Egg. The easiest way to see if Egg has sold it is to have a look at your credit file free online. If it's been sold it will be marked as settled. You'll also probably be able to see who bought it if it was sold.

 

These things always do the rounds and will probably pass through several more DCA's. Bryan Carter is known for issuing legal threats - only occasionally does he see them through and often slips up in the process.

 

Thank you. I would imagine that if Credit Solutions purchased the debt around 5 years ago it would be difficult for another DCA to be collecting on behalf of Egg. I have paid a substantial amount to Credit Solutions and they must have passed the debt on when my payments stopped. I'd be grateful of anyone could shed any light on how these things work.