Bryan Carter Debt. Advice?

[Aerith]

Letter today!

 

Dear Madam,

 

We thank you for your recent letter and return your payment of £1.00 as we are no longer instructed in relation to this matter

 

 

So did Natwest take the account back before I sent the letter, or is it more likely BC gave up on it seeing the CCA request letter? If it's the former no doubt I'll be getting letters to my old address again. That's the second DCA that's given up on this debt now.

 

ETA: If a new DCA comes along, is the account still in dispute, or do I need to send yet another CCA request?

Edited April 23, 2011 by Aerith

[DonkeyB]

CCA would not have caused this because, as mentioned numerous times, CCA would not apply in this instance on an overdraft.

[Aerith]

I've read otherwise?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?301797-CCA-and-Overdraft

 

ETA: Not saying you're lying of course! So if another DCA should come and hound me and if I can't send a CCA (though I've heard they've worked with others so I'm confused) what should I be advised to do in response?

Edited April 23, 2011 by Aerith

[DonkeyB]

Yeah, the Consumer Credit Act covers a lot of things, but a s 77-78 request does not cover overdrafts afaik.

[NailPost]

Looks like Bryan did a runner once he realised you knew more than he hoped. He's simply moved onto the next mug. There are far fewer of those around these days Bryan (in case he's popped into check!)

[Aerith]

I've read so many conflicting points of whether it does or not that I think doing a CCA is probably worth it anyway. Most people agree that it's covered but exempt from part V? And that you can argue it (ie. The Determination)?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?237096-Are-overdrafts-covered-by-cca-s

[mxr808]

Am in the same boat as you!

 

2009 Student overdraft. Was for £1250, current balance at £1349.22.

 

For about a year or 2 it's been busy on the DCA merry-go-round though

so I've mostly just ignored it. I do however have a default on my account, but was only served a termination notice under sections 76 and 98 of the Consumer Credit Act. (Section 98 is for non-default cases as far as I know.)

 

No notice of default was ever served (Although they decided to charge me £30 for "Default Notice Fee").

 

Letter I just received states "Final Settlement Offer" from Bryan Carter as it seems it's been passed back to Natwest after a few years. They want me to call them for a final opportunity to pay a reduced settlement figure! (Yeah that's going to happen)

[Aerith]

I believe it's possible it's been sent back in my case. I haven't heard anything but my guess is whatever clowns they've sent after me now are writing to my old address again, which would be the third time now. I don't have the energy to go chasing them and telling them where I live any more, they can keep wasting trees writing to a incorrect address for all I care.

 

If they do happen to send a letter to my address I'll just let them know I have no idea what it's about and ask them to prove it. Again, I don't feel I should just be bending over backwards for these idiots.