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Bryan Carter Alleged O2 Debt Help.


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Hi all.

Well today I have received a letter from Bryan Carter Solicitors stating that I owe an outstanding balance to O2 Mobile for £602 and if I dont not pay the full balance or offer a payment plan by the 16/12/2010 they will issue a ccj against me.

 

Now here is the funny part of the story, I have 3 O2 mobile accounts since 2004 one for myself one for my father and one for my mother all up to date and paid on time every month, the account that Bryan Carter say's I allegedly owe was taken out in August 2007 (interesting) I say this because from July 2007 to August 2008 I was working and living in Canada of which I have complete evidence, I am suspecting a fraudulant account here or the case of mistaken identity, so called theses people and they told me it was I who had to prove it that I didn't owe the debt and get a crime reference number from the police, erm I don't see how I should need to prove it to them or anything else for that matter so have sent them an S.A.R letter and see what they come up with, I have also contacted O2 who have confirmed for me that I only have 3 accounts with them (Not 4) and they are all up to date, what do you guys think I should do, as I am getting a little p***ed off with Bryan Carter, Fredricksaon's and Lowell, I only have 3 account's with O2 like I say all up to date and paid on time every month by Direct Debit so were has this other account come from and what should I do if the these brianless people attempt a CCJ?

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So just write back with the details and ask them to provide proof that this debt has got anything to do with you.. Send recorded.

 

Check your credit record and raise a query if necessary to get it corrected.

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They have no power to issue a 'CCJ against you'. If they really said that, it is both untrue and misleading. Only by you losaing a court case for the debt, leaves you liable for a CCJ, and if you pay up within 28 days, no CCJ can be registered.

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If they really, really want you to prove the debt isn't owed to them get them to put that ridiculous statement in writing and insist that is signed by a "responsible" person. I bet they won't. Just send thenm the prove it note and start sharpening your pencil for when the time comes to complain, complain and complain again about this firm's shoddy tactics.

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Please please dont talk to these people unless you can record the call, and even then ALWAYS back up everything said on the phone in writing.

 

As has already been said they cant "issue a ccj" against you, they can issue a claim but if defended they would need to PROVE everything to a judge, something they would be unable to do going by your closing paragraphs.

 

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Just another point, have you recently change address at all, as this is something that can 'cause' them to 'threaten' Court Proceedings, and then they 'issue' at your former address and get a CCJ by default. As has been said check your Credit Reference files.

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The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Unclebulgaria67: Yes I am sending my SAR request to these people tomorrow by recorded delivery so it will get to them befor the 16/12/10 then they have what 30 or 40 days to get the said information to me if they try to issue a ccj while an investigation is in process they will look very stupid indeed, I have checked my credit file and yes there is a default which is from by the looks of it Lowell (Lowlife) Financial, I have explained to Experian that this is a suspected fraudulant account and they have placed it as such on my file and are getting in touch with the (Lowlife) company to see whats what, I have also seen that the 3 mobile phone accounts that I have with O2 since 2004 are all up to date and have not fallen behind with payments, so something has gone on when I was out of the country.

 

Buzby: I hope so, like I have said I only have 3 o2 mobile accounts I have never applied or ever had a 4th account with o2 so I will see what they come back with when they are in receipt of my SAR request, as for them telling me to go to the police form a crime reference number should I do this? As it is up to them to prove it to me, not the other way round.

 

Nailpost: Yes I will be doing what you have suggested, as this situation is just one big massive joke, I am tired of all this B.S that this ratty little company have put me through, so will see what happens when they respond to my SAR request, as they will not be able to issue a court papers or a ccj while an investigation to this alleged debt is in progress.

 

The_Shadow: I hope so as I have stated I am tired of all the B.S this company have put me through over the last few weeks, it is getting out of hand, I know I dont owe this debt, so for them to say that I need to prove it to them, I think as I have stated before they need to prove it to me.

 

Harrassed Senior: No I have never lived at any other address in the U.K, as I have stated before I was living and working in Canada from 2007-2008 so this must be something that has happened while I was there or they have got the wrong person, will be interesting to see what they come up with, erm I know, (nothing) will just have to wait and see.

 

If any of you guys have any more advise to offer, I will be greatful.

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An SAR request will cost you £10 + the recorded postage. You could save the tenner because the most they will have on you will be your name, address and the amount to claim which will have been handed to them by their "clients". Send them a short note challenging them to prove the debt or back away. If they don't or won't tell them you plan to issue compliants to all and sundry. They will know that putting adverse information on your credit file is defamatory but there's nothing to stop you reminding them. There is no need to remind them that the penalty for defamation is hefty compensation.

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Right thanks for the additional info regarding this matter. what letter do you guys think I should send then, the SAR request or something else, I ask this because they say they will be issuing court papers for ccj on the 16/12/10

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Personally I would merely send him http://www.consumerdirect.gov.uk/contact

There is little point in wasting ten quid just to prove him wrong, if he issues court summons, then more fool him and he will end up being made a laughing stock again! And you can counter sue for damages.

Lodge a complaint about him to the OFT&TS via http://www.consumerdirect.gov.uk/contact

And http://www.legalombudsman.org.uk/ his days as a Solicitor are surely numbered.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Cheers mate have taken your advice onboard, I have also talked to my sister-in-law about this she is a solicitor herself and she could not help but laugh at the situation, she did advise me to call the police who were shocked and also appalled at the situation, however the nice lady gave me a crime reference number and have passed this along to the so called firm of solicitors known as B.C to be honest they were not too happy when I gave it them over the phone, i have also sent the prove it or get lost letter so lets see what happens from this point on, I am also sure that the nice people at B.C will be reading this so shopuld be interesting, in truth I am not going to worry about this or let it get me down, as I know that I do not owe this alleged debt and I am sticking by my guns with that as it is the truth of the matter.

 

So any more suggestions on this matter, the more help the better, also has anybody else had dealings with this lot?

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Send the legal ombudsman the reference number you got off the Police and report this fool to them for his sheer incompetence, hopefully he will get disbarred sooner rather than later!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well have checked on the post office website the letter I posted the other day by recorded delivery has finally been delivered, so lets see what happens with this situation now, I have a crime reference number from the police I have copies of the letters I have sent so now I will play the waiting game.

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