Bryan Carter Debt. Advice?

[Aerith]

Hello everyone.

 

So for the past year or so I've been chased for a debt to Natwest (around the £1400 mark, they can't seem to make up their minds!), only I didn't know I was getting letters recently as they were going to an old address and I managed to get them forwarded to me.

 

It's the same old "pay now or we'll tie you up and slog you" kinda letters, so I wrote to them saying to please write at my new address and then we can start sorting this out.

 

Well they've now sent me a Financial Statement to fill out, and I honestly don't like the look of it. There's a ticky box that says "Please confirm that you have discussed the use of assets to make lump sum payments". Well I haven't discussed it and I don't want to be forced to agree to sell stuff to pay off the debt. Also there's a lot of "prove your earnings" but unfortunately I'm not working (so to speak) and not on Job Seekers, the reason being is that my partner is supporting me and I do freelance work, though my money goes into his bank account as I no longer have one due to all this. I could send them one of my partners bank statements but then I trust they will think we can give more than we can afford since he gets big lumps sums but they're very infrequent (every two months or so).

 

It's also asking for bank details which I feel uncomfortable giving. I'm not sure if I'm just being paranoid and should fill it in. They gave me seven days (way gone past now) and I was considering stalling them by asking for a CCA to give me some time to sort this out. Would that be the best thing to do? Or is there something else I should do?

 

I do acknowledge this debt and want to get it paid when I can, I just wish it hadn't gone to Bryan Carter as I've heard horrible things about him going to court quickly, and that he might have already sent a CCJ to my old address! Surely that's illegal and against the Data Protection Act?

 

If anyone could help me I'd really appreciate it, thank you!

[Aerith]

I forgot to mention that when I knew about this debt, it was actually a different debt recovery that sent a letter. I sent them a reply similar to the one I sent Bryan Carter just recently, basically asking them to write to my new address. Then they said it was passed back to Natwest who then past it on to Bryan Carter who kept persisting at my old address.

 

The letter they sent with the Financial Statement reads:

 

Dear xxxx

 

As arranged we have enclosed our official Financial Statement form for you to complete.

 

We cannot consider your circumstances unless this properly completed form is returned to us within SEVEN days. If we do not hear from you by then we will continue legal action against you.

 

I never arranged this with them though, my letter just said (paraphrased) "Please write to my new address so we can sort this debt out". Also seven days is a bit harsh especially for how much they want me to fill out.

[Aerith]

Also I apologize for posting this in two places. I posted this in the Bryan Carter sub forum but it seems that place isn't viewed as regularly so I've moved it here if that's alright.

[Aerith]

When you asked for a financial statement did you mean what they sent you? Or did you want to know what you owed?

 

I didn't ask for a statement, they just sent one. And it's for filling out my status so they can work out how much I can afford pay them. Basically working out my circumstances.

[terriersaregreat]

Don't you want to know how much you owe them and how it's made up?

[Tingy]

terriersaregreat, I think you're missing the point. It's not the fact that he may need to work out his income and expenditure that is bothering him, it's the fact that it is being demanded by an organisation that has absolutely no right whatsoever to do so. Only a judge can demand you fill in an IE sheet; As an individual you can voluntarily supply it, but you do not have to.

 

It's the arrogance and superior attitude that is quite rightly being objected to.

 

Aerith, I always ignore the ones sent by the banks etc... I have 6 different ones saved on my computer and I use one of those, but the National Debtline website has a good one which you can fill out for your personal use, and then decide for yourself whether or not you wish to supply this information to dear Mr carter.

[sleepingdog]

Hi Aerith , as already been stated BC can only ask you for I/E and you do not have to provide him with one if you choose not to. What was the debt for , are there any charges on debt, how old is the debt. The more information you can supply the more help you are likely to get , but remember not to post anything that would identify yourself.

sleepingdog

[Aerith]

The debt was for a Natwest Student account overdraft which they decided to take away from me for not putting money in for a month or so and demanded full payment. I believe it was in 2009 that this happened so it's not old enough to be statute barred. I was confused by the amount, it was less than I stated in my first post. The latest letter I got stated I owe around £1280. The over draft was around £1250. It did say in a previous letter I'd have to pay court fees and solicitors costs if it went that far which would bring it to £1400 roughly.

 

Also I'm a she, just for reference.

 

I don't really feel comfortable sending them the details to be honest and I never requested the sheet, but I don't want to just ignore it and was wondering what steps I should take.

[dx100uk]

i'd suggest you check your CRA file on this debt and comeback with what its says.

 

i'll guess that natwest have written this off against tax and have sold it on.

 

and after going through the usual phishing list, BC has taken it on to try and fleece you.

 

you should not have sent those letters, as it does sadly ack the debt .

 

pers i'd not worry too much about this.

 

if you want to do anything then fire off the CCA request

 

lets see what you get from that [prob nothing as most O/D's are not covered by anything in the CCA act]

 

next step after that might be to just send evidence to BC that you are on JSA

that should be all you need to do, as they'll know then, that even if it goes to court

they'll only ever get £1PCM out of you.

 

dx

[Aerith]

Well I sent those letters because I didn't want them issuing me with a CCJ at an old address and me not getting it, I had to update my details with them did I not? I know they're shifty as all hell but I didn't want to run that risk of having it going further and not being able to respond due to not getting any notification. I don't want to debt to get worse and well I doubt it'll ever get statute barred if I ignored it since they continue to contact me and I thought statue barred was only if they never contacted you for 6 years?

 

I'm also not on JSA which is the problem I'm facing as I don't believe I can prove I'm earning without either being on JSA or having a job as they'll simply ask "well how are you eating?" I'm doing a little bit of freelance work which is very slow at the moment and my boyfriend works from home too and we share an account, I don't really want to use his bank statements as proof because I don't trust BC to not think we're earning more than we are as he gets lump sums once every two months and little bits here and there. It's all very complicated.

 

Is there a CCA template letter I can fill out and print off? I might just do that.

[dx100uk]

bc would ccj to your old address anyway thats what they do

 

dont worry about the rest of it then.

 

the cca is in the library tab to left

 

SB is 6yrs since YOUR last financial in/out

or as you have

written a letter acking the debt.

 

you should of put I DO NOT ACK ANY DEBT TO YOUR COMPANY on any letter you sent.

 

dx

[Aerith]

Oh well, I should have checked here first before doing that I suppose. I'll still send the CCA request as I doubt they have it.

 

This is the letter I'm sending:

 

Dear Mr Carter,

 

RE: Account ref #

With reference to the above, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

 

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

 

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974. Note that these funds are not to be used for any other purpose.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

I look forward to hearing from you.

 

Yours sincerely

 

 

 

Name

 

Not signing it and sending the £1 as a postal order and the whole lot recorded delivery. I shall do this tomorrow if I am able.

 

Thanks everyone!

[dx100uk]

well ifthat is all you've sent anyone

then a cca request does not count as an ack of a debt

 

i though t you said you had written with new ad info

 

did that admit the debt in its wording?

 

dx

[Aerith]

No this is the CCA letter I'm going to send tomorrow. I did send a letter and it did say "I am writing regarding my debt with my bank that you are currently representing." and " discuss repayment possibilities with you." This was before I did my research so I guess that is acknowledging the debt? It doesn't acknowledge the debt with BC in a way though I guess you could say since I said "with my bank" and not "with you" .

[terriersaregreat]

Tingy- I was suggesting exactly what DX100uk is suggesting. Find out what the debt is for before completing any forms. It is important to read posts properly before offering critiscm.

 

There is a huge difference between "statement of account" and "statement of earnings". Read Aerith's last post, she was admitting the debt and requesting how it could be repaid. I was suggesting that she first find out what the debt was!

[Aerith]

I already know what the debt is for though as it states it's from Natwest and the total is from the debt I owe Natwest. I signed up with Experian though to check my credit report but they said they need 48 hours after I filled all the forms in. I am going to send that CCA letter though as I think that is probably my best course of action.

 

If in the unlikely event they do manage to provide a substantial CCA should I just offer to pay £1 a month and send that to them each month as a token payment even if they refuse the offer and demand it in full? Are BC just a regular DCA? They can't send me to court or anything I presume? I can't imagine they'd take me to court if I was sending monthly payments even of £1 though.

[terriersaregreat]

Sorry I should be more explicit. I know that you knew what the debt was for but I wanted to know if you knew how the totlal amount claimed was made up e.g interest, costs etc

[Aerith]

Oh right, sorry. Lack of sleep. My guess would be around £30 is made up of interest as the debt was for £1250 roughly and it's gone up to £1280 before it was passed to BC. The OD was interest free until Natwest demanded the full payment so £30 is all that's been added I believe. BC are threatening to add about £150 to that though in court fees and solicitor fees if I don't pay the debt and they issue me a CCJ.

 

The letter I'm sending is asking for a breakdown of all interest and charges as well so if they manage to send that to me then I'll know for sure, but I doubt they have anything if they just bought the debt.

[Aerith]

Okay, I've just checked my credit report and nothing from Natwest is on there? Are OD not counted towards your credit? I remember when Natwest took my OD from me they threatened me with a default but the only default I have at the moment is with a credit card I owned and couldn't keep up payments (which is all sorted now) and it mentions another credit card I have which is satisfactory as I'm keeping up with payments on it and haven't been late. But not a mention about Natwest or anything else.

[dx100uk]

urm..

 

getting interesting then.

 

nothing on the cra huh, which CRA?

 

thats unusual esp for BC.

 

are you sure on the age of this debt?

 

have you had any other leechers letters over the years about it?

 

oh and on BC....they are a slippery bunch and will think nothing about serving a CCJ on an old address to catch you out.

so NO they are not just another DCA/tame solicitor, they are one of the most devious we have in the trade.

 

might be worth reading up a bit if this gets nasty.

 

however - for now ans my q's pse

dx

[Aerith]

The report is with Experian. It shows all my previous addresses, the credit card I defaulted on, another card I currently own and in good standing but nothing else.

 

The debt was with Wescot previous who were sending letters asking for money last year and previous, I wrote to them and they replied saying it was given back to Natwest and then I got a package of letters from my old address about two months ago and Bryan Carter where the new ones chasing it up.

 

I'm pretty sure about the debt age as I got the account in 2008 and they stopped it around 2009 for not putting money in frequently (I had to pay rent and student loans were really late so there was nothing I could do). I also remember going into the Natwest branch to try and sort it out and she put me on the phone to some rude woman who kept saying "pay it all now or you'll be defaulted!" but I just entertained her and never spoke on the phone again since I like to keep everything in writing.

 

I am very confused though as it seems I have no debt with Natwest or anyone else apart from the credit cards I previously mentioned. I know Experian have all my details as well as they have all of my listed previous address and where they were linked from (one which actually says it was linked from Natwest). What does this mean exactly?

Edited April 15, 2011 by Aerith

[Aerith]

Any help or advice? I'm really confused. Sending CCA letter today as I was unfortunately busy over the weekend and I'll post any updates on that but I wanted some advice on why this debt isn't on my report if anyone can.

[dx100uk]

i'd send the bemused letter to bc.

 

dx

[Aerith]

Ah I already sent the CCA request letter and will update on that when I get a response!

[Aerith]

Received today and signed by Mr Carter himself. So 12+2 days from today right?