Bryan Carter- Ceased as a Company???!!! *Took a while but WON in the end

[tanglewood]

Hi thanks for that I have just finished reading them all PHEW!!

I am going to send the CCA letter and £1 to Mr Carter and a copy of his letter to SRA and also an SAR to Carphonewarehouse as the original debt was about £100 and at one time it went up to £900 due to charges which I believe had been put on by Fredricksons and my son brought this down to £550 and NOW Bryan Carter says it is £658.16 again. What is going on. Wish me luck

[calvi36]

I don't think you will need luck, just go for it, as you can see we don't share the lurv with mr carter.

[setmefree]

Dear Tanglewood you state carter threatened court action via fredricksons, did he previously inform you that fredricksons have now got the debt,if not look at the oft guidelines and throw that at the piece of C_ _P:D

[tanglewood]

Yes unfortunately my son WAS paying through Fredricksons but defaulted then he was phoned by Bryan Carter and we told him that my son was in Spain. He said he would hand the debt back to carphonewarehouse and this letter is the first we have heard from him since then. I have checked with my son and the debt should be about £550 but another £100 has gone on it since when and by whom??? I think I shall send an SAR to Carphonewarehouse but it is my belief and my son's that the extra charges have been put on by Fredricksons.

[JonCris]

Should they issue proceedings you could write to the court on your son's behalf pointing out he's presently abroad knows nothing about this & won't return until whenever. However even if it goes ahead don't worry as its undefended (don't respond to any summons at all!) it's very easy to have the CCJ set aside. Also when or if you do defend the the courts won't be too happy that the claimant still went ahead knowing the defendant was abroad & unable to respond to the summons (I feel a wasted costs order coming on)

 

& finally if they fail to comply with your CCA or SAR & are unable to produce a properly executed agreement then you (or rather your son) can tell them to get stuffed No lawful agreement = no payment

[calvi36]

bump, this is still a good lighthearted one

[tanglewood]

Great thanks so much everyone. I have sent off the £1 PO this morning special delivery. Lets see what happens.

[calvi36]

u will get there tangle, just don't give up.

[mnrbig]

I reported them to the SOS and was told that they haven't broken any rule and are not guilty of misconduct.

[setmefree]

Yes it seems that the legal bodies who originally gave the information out in the first place are now backtracking, obviously another case of hand in glove.

but i'm sure this has learned Bryan Carter & Co a lesson that he won't forget..

has anyone else had their case dropped from him.

[tanglewood]

I have jsut received a letter from the SOS. Pretty much a standard letter saying they are looking into it and will assign me a caseworker (!)

In the end the CCA didn't get sent off as my husband forgot !!

So basically I wrote to Bryan Carter and told them that my son does not live here any more as he is in Spain and told them that any further letters would be returned. They can even check the voters list as he is not on there at my address!! Lets wait and see what they do next.

[kay123]

Yikes! Anyone know where I stand in all of this? They bullied me into paying back a credit card i had with MBNA. The credit limit was 400 but with charges over the past year, they wanted 895 from me, paid two installments, 200 at the end of jan, 20 at the end of feb (after they ceased??) but then got wise and started reading these sites!! requested my cca, they eventually sent me a cca for a completely different credit card so i wrote back to them only a few days ago requesting the correct one> Hmmm, it all seems a bit fishy!!! is there any way i can get that 400 back do you think? any template suggestions as i'm still a newbie!!!!!

[setmefree]

Hi i would send an S.A.R - (Subject Access Request) to the original credit card vendor, this costs £10 there are templates on this site to use, the OFT capped credit card companies to a charge of i believe £12, so anything over that can be claimed back ,and they have been known to pay all charges back.

As for Bryan Carter he is now Crellins Carter, but uses Bryan Carter & Co as a trading name.if as you say he send you a CCA which has nothing to do you with may i suggest reporting him to the OFT and Trading Standards, i'm sure they would be very interested in this fact.

With regards to your original CCA request from him, if he does not send you a copy of the original agreement,and 30 days lapses this then becomes a criminal offence which he will be aware of.

make sure you send everything by recorded or special delivery.

if 30 days has expired already also inform the OFT of this fact.

I hope this helps you.

setmefree:)

[ODC]

Yikes! Anyone know where I stand in all of this? They bullied me into paying back a credit card i had with MBNA. The credit limit was 400 but with charges over the past year, they wanted 895 from me, paid two installments, 200 at the end of jan, 20 at the end of feb (after they ceased??) but then got wise and started reading these sites!! requested my cca, they eventually sent me a cca for a completely different credit card so i wrote back to them only a few days ago requesting the correct one> Hmmm, it all seems a bit fishy!!! is there any way i can get that 400 back do you think? any template suggestions as i'm still a newbie!!!!!

I wouldnt have written and told them. You made a legal request which they failed to comply with. After the 12+2 days they would have been in default. That would have left them in an interesting position had they tried taking you to court. Your defence would have been that Crettins Carter failed to comply with your request for a CCA so therefore they hadnt proved the debt. Just my theory though.

[legalyinsane]

I've had a couple of letters from Fredrickson international recently for a debt thats over 6 years and is statute barred which i have not responded to, on friday i received a letter from Bryan Carter & Co solicitors giving me 7 days to reply and respond if i dispute with proof.

I googled the post code RT13 0NT and it comes up as fredrickson International, would i be correct in not replying to that letter as i have read on here that he has ceased working for this company? Plz advise what i should do:confused:

[setmefree]

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

• in simple contracts, 6 years
  
• in contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Also you could requested a CCA ,most templates will state i do not acknowledge the debt etc etc.

But if this is the first contact you have received in over six years,then the above would apply.

[legalyinsane]

I have never had any correspondence from them for over 6 1/2 years until this last month, should i just ignore this carter letter as it is obviously coming from the debt agency?

[vandermerwe]

Most interesting setmefree. Which newspaper have you gone to? I would recommend Financial Mail (supplement to the "Mail on Sunday") as they seem keen on exposing dodgy solicitors. Believe me, any investigation by The Law Society (Office for the Supervision of Solicitors) puts a solicitor to enormous trouble (non fee earning hours!) and scares the daylights out of them. Vandermerwe.

[setmefree]

Most interesting setmefree. Which newspaper have you gone to? I would recommend Financial Mail (supplement to the "Mail on Sunday") as they seem keen on exposing dodgy solicitors. Believe me, any investigation by The Law Society (Office for the Supervision of Solicitors) puts a solicitor to enormous trouble (non fee earning hours!) and scares the daylights out of them. Vandermerwe.

 

Bryan Carter & Co was reported a while ago and many people on this site put in complaints against him to the Law Society, He is now Crellins Carter but he uses the trading name of Bryan Carter & Co.

The main thing to do with Bryan Carter & Co when you receive a letter from them is to CCA them, that way you know where you really stand, no agreement no case.

[legalyinsane]

Cca?

[setmefree]

CCA is is Consumer Credit Agreement, you would have signed one of this at the time you took out the credit, you can request a copy of the original at any time.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

look at letter (n) this explains what a request is, and it can also be used as a template.

[legalyinsane]

but if i request a copy of an agreement would that not imply that i aknowledge the debt and therefore be liable

[Curlyben]

Make sure you head the letter:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

In BIG BOLD letters

[legalyinsane]

I certainly will, thanks

[setmefree]

Yes curlyben is right there are different templates on the site, and one does say the words what curlyben has written, also make sure you send it off recorded delivery.

legalyinsane i pm'd you with the person name on here who can give you better advice.