court threat from Brian Carter sols

[Desperate Daniella]

Has it actually got the Prescribed Terms on the actual agreement you signed? Or are they trying to say an application form is an agreement? And have they sent T&Cs on separate paper? If they have said the T&Cs were on the back of the agreement, do the conditions match with the front? If they are saying conditions were on the back, do they look as though it could be a cut and paste job?

[dx100uk]

you REALLY REALLY should NOT be settling ANY debts

 

with FIRST CCA'ing whomever is demanding money off you!!

 

effectively on those other debts

 

all you have done is WASTED the money

as its marked Partial settlement

 

that leaves the rest open to be chased.

 

to goto court they MUST

have a signed original copy of the agreement

doesn't matter if you've been paying the debt

 

just because they have been cash cowing you.

 

dx

[Desperate Daniella]

Unfortunately I don't think we can now change what florecita has already done on her other debts.

 

As I said above, I've never seen a genuine, valid Capital One agreement from the early 2000s, so I am hoping we can stop her being cash cowed by BC.

[floricita]

you REALLY REALLY should NOT be settling ANY debts

 

with FIRST CCA'ing whomever is demanding money off you!!

 

effectively on those other debts

 

all you have done is WASTED the money

as its marked Partial settlement

 

that leaves the rest open to be chased.

 

to goto court they MUST

have a signed original copy of the agreement

doesn't matter if you've been paying the debt

 

just because they have been cash cowing you.

 

dx

 

Hi, I don't think you are correct in your assertion.

 

I have written letters from the debtors signed saying that the debt is paid in full.

 

The credit file entry is debt settled in full but the reference is to that it was part payment of the total, i.e negotiated settlement.

[floricita]

Just looked through my notes and the reference is noted as settled.

 

And I don't pay money to anybody who asks for it.

 

If I have borrowed money I want to pay it back and am only paying back those that I have borrowed from so far at 40% with a signed agreement. I don't know what is so bad about that?

[Desperate Daniella]

Hi floricita,

 

You are happy with the arrangements you made and the creditors so far have accepted 40%.

 

However, you have to decide what you are going to do about Bryan Carter who isn't going to agree to this.

 

Did you find the agreement last night?

 

DD

[dx100uk]

as long as your cra file says settled not partial settlement

and also does not show default you should be ok.

 

dx

[floricita]

Right I have gone all through my files all wknd. And I am pretty good with keeping them.

 

I found my sar requests and I found what they sent me, no contract, just transaction details.

 

I found another letter from me asking for the contract which I haven't got a reply for.

 

I can't say with 100% certainty that there isn't a contract but it looks pretty much like there isn't one.

 

Just to note the account was opened in 2005.

 

I have gone through the current charges and currently they are £200 I estimate that I would be able to claw back £300.

 

I want to contact them as soon as possible. What would be my best course of action given this new information?

 

Thanks

[renegadeimp]

Carter wont agree to anything less than what he states. He is a solicitor for hire. He will file a court claim, then the second you file any kind of defense or even acknowledge the claim form, he does a runner and leaves the creditor to pick up the pieces.

[Desperate Daniella]

Write to them, do not phone them, and say that despite your requests, Capital One have not supplied a copy of the alleged credit agreement and you will not be making any payments until any such agreement is provided to you.

 

Say that the Waksman judgment in Carey v HSBC, paragraph 234 (4) states that where an agreement has been varied a copy of the original agreement must be supplied.

 

As renegade says above, he won't negotiate and they have already told you this, so your choice is to challenge him, or to pay the whole lot.

[floricita]

Well I'm not paying the whole lot.

 

My personal belief is that many might not agree with is that I am responsible for my debt,

but also that the credit card company should bare some responsibility too because they lent me £2000

when I was at the time earning £13000 and had other debts of over 15k at the time.

 

I have been lucky enough for someone to help me get out of this mess and I can go to 40-50ish % with all my creditors so I can start afresh, and that is what I will pay cap 1.

 

Can I write that about the contract? The last time I asked for it was 2008!!!!

 

I guess if they are taking me to court the least they could give me is the contract so I can defend myself!

[floricita]

BC said they they cannot negotiate, but they can go back to the client with any offer. They have told me previously that they are quite certain that 40-50% wouldn't be accepted, but kind of implied that their offer of 70% could be lowered to 60%.

 

Hopefully the contract situation might help but then again they may well have a contract! I cannot be 100% certain of that just yet

[dx100uk]

have got all the statements on this on?

 

no PENALTY charges or PPI?

 

they are offering a discount for a reason...find it and get the FULL discount

 

dx

[floricita]

Hi, yes as I mentioned before approximately £300 pen charges + looks like no contract.

 

Reason I assumed is financial hardship. I have debts (or did before I paid the last two off of 25k and I have been unemployed the past 10/12 months and have only just gained employment.

[Old Cogger]

Desperate Daniella your message board is full up?

Edited June 17, 2013 by Old Cogger

[Desperate Daniella]

So sorry. I have just cleared it.

[floricita]

Update.

 

Just phoned them up.

 

I asked whether the offer had been accepted or not. He said hasn't heard back.

 

I then asked about the original contract and stated the case above.

 

He said that Capital one are one of the best at keeping documents and no doubt they will have it.

 

However, he said, they do not need to provide the original signed agreement, just a true copy with terms and conditions. Is this right or not?

 

Also, when I phoned fredrikson international answered the phone, then later this guy on the phone tried to convince me they were the same company, I asked why do they answer his phone then? He changed the subject.

 

Weird. Need to get this settled.

[Desperate Daniella]

Update.

 

Just phoned them up.

 

I asked whether the offer had been accepted or not. He said hasn't heard back.

 

I then asked about the original contract and stated the case above.

 

He said that Capital one are one of the best at keeping documents and no doubt they will have it.

 

However, he said, they do not need to provide the original signed agreement, just a true copy with terms and conditions. Is this right or not?

 

Also, when I phoned fredrikson international answered the phone, then later this guy on the phone tried to convince me they were the same company, I asked why do they answer his phone then? He changed the subject.

 

Weird. Need to get this settled.

 

You must stop phoning them up. DCAs say things on the phone that they would not put in writing. And if they do take you to court, you will have no record!

 

Capital One are one of the worst at keeping documents and, as I have already told you, in nearly five years and having looked at dozens of Capital One threads I have never seen one which is compliant with the Regulations of the CCA 1974. They won't have it. Why would they have yours when they don't have anyone else's?

 

If they want to enforce in Court they must have the original document. If you would put everything in writing he'll have to answer in writing.

 

Why on earth are you listening to him? He will tell you anything to get money out of you.

 

Freds and BC work out of the same offices. Freds are a DCA and if they want more 'muscle' they pass to BC. Not that he has any anyway.

 

I know you want to settle, but you are in a stronger position to negotiate if you know your rights.

[floricita]

Ok thanks Danielle.

 

I need to get a letter out asap.

 

But I need some help because I have confused myself slightly.

 

I would like to settle at 40-50% asap, if this is possible. I do not want to settle for more than this.

 

I have charges on the account totalling £300

 

I don't believe there is a contract for this account

 

Now how to I get those points in a letter to get the best resolution?

 

Do I need to do another cca or sars request for the contract even though I did this previoously and paid £10? Although this was about 4 years or so ago?

 

Any help would be grateful please.

[Desperate Daniella]

Hi florecita,

 

At this stage do not make an offer in your letter.

 

Write to Mr Carter, and say that before you are prepared to make any payment you will require to see a copy of the original alleged credit agreement. (Do not use the word 'contract'.)

 

Then say.

 

I am not prepared to accept a reconstituted copy of the agreement or some Terms and Conditions. As you will be aware the Waksman judgment in Carey v HSBC, paragraph 234 (4) states that where an agreement has been varied a copy of the original agreement must be supplied.

 

I would advise you that I asked Capital One for a copy of my agreement in 2008, and paid the relevant fee, and they were unable to provide it, so I am somewhat surprised by your statement that they are "the best at keeping documents."

 

I look forward to receiving a copy of my original alleged credit agreement.

 

Yours sincerely,

 

Don't say anything else at this stage.

[floricita]

Thanks.

 

He said on the phone that this letter should go to Cap 1 not themselves?

 

Do I need to request a signed copy of the original agreemenet?

[Desperate Daniella]

Yes, sorry, a signed copy of the original agreement.

 

How was it left with him? Did he say he would wait for you to get the agreement from Cap 1?

[floricita]

He said that the guy who phoned me last wk would get in touch about regarding the offer I made once he has heard back from cap 1.

 

Regarding the contract he kept on telling me that they don't need to give me a signed copy only a true copy (whatever that means I think a version there of but not the original!) but he said there is no point sending to them if I want a copy I should do a cca request to cap 1 direct. Maybe I should just send the letter to both?

 

But then again they are using BC as an interface for communication so I should write to them? Am a bit confused.

 

Would also the fact that I have made an offer negate any future statements that the agreement is invalid due to there being no contract?

[Old Cogger]

copy I have of O.Hs agreement do not know if it is okay or defective = for reference what they may send:-

 

 

have received this last week.

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx