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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bryan Carter- Ceased as a Company???!!! *Took a while but WON in the end


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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

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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

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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.

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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

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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.

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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.

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  • 2 weeks later...

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!!!!!:confused:

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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:)

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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!!!!!:confused:

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.:)

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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:

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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.:)

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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.

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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.:)

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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.:)

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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.

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