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

[Penny4your]

Yes..... so, because these cocktail shakers have accidently sent docss to the wrong court. Chances are 1 he will not turn up and 2. It will be dismissed? Will hey then be able to reclaim at a later date?

 

So, I wont get any flesh at all.

[JonCris]

Yes Penny they will. I suspect the orginal claim was issued via MCOL & whoever has dealt with it recently hasn't looked through the file & noted there has been a change of venue

[Penny4your]

.....And on a positive note?

[ODC]

A discontinued matter can be reinstated by the claimant, particularly if discontinued by the claimant, unless the court orders otherwise

 

I suspect BC has discontinued because his clients have & are not able to supply him with all the necessary documentation to support their claim (not unusual) & he realizes if the matter proceeds to trial the defendant is going to ask for 'true' copies of any agreements failing which the claim will be dismissed & accordingly the debt may be deemed unenforceable by the court

I suppose BC has been so used to having a free run in Northampton that little legalities like proper paperwork didnt matter. Its a new dawn Bryan thanks to CAG

[vandermerwe]

Oh dear.

 

Does this mean Mr. Carter isn't likely to meet Mr. Big in Belmarsh after all?

 

I was so looking forward to reading Tony Hetherington's solemn pronouncement of another member of the second oldest profession being banged up for a couple of years or so.

 

Good luck campaigners.

 

Van

[ODC]

Oh dear.

 

Does this mean Mr. Carter isn't likely to meet Mr. Big in Belmarsh after all?

 

 

He could get a soul full of hope in the showers:o

[vandermerwe]

ODC, I have it on first hand authority from vandermerwe minor - regular visitor to Belmarsh and others (as a barrister I hasn't to add) - that Mr. Big doesn't bother with niceties like soap.

 

You are not implying that BC would enjoy BC are you?

 

Van

[Penny4your]

either way... just because he's not likely to get a severe ticking off by a judge. He is likely to if Tony Hetherington investigates and we can encourage enough people past & present to complain about the money he's taken and not come up with the goods. Remember.... ITS ILLEGAL.

[Penny4your]

For those that are looking for help with what to put in there bundle.....

 

For what its worth, I put......

 

Statement of Evidence

 

 

Relevant Case – Wilson v. The First County Trust Ltd [2001]

 

 

Relevant Case – Wilson & Others v. Secretary of State for Trade & Industry[2003]

 

 

Consumer Credit Act 1974

 

 

OFT – CCA Regs FAQ

 

 

Correspondence

 

 

Bank Statement

 

 

Medical Letter

[Penny4your]

Statement of Evidence

 

 

 

 

- The Defendant submits that the claim levied by the Claimant is unenforceable by virtue of the Consumer Credit Act 1974 Regulations 1983, the Human Rights Act 1998, the Data Protection Act 1998 and the common law.

 

- It is not admitted that the Claimants claim is levied in accordance with the terms and conditions of the account in question. It is submitted that the Claimants claim has not been set out as requested via the Subject Access Request, I put to the court that this claim is instead unduly and extravagantly enrich the Claimant which exercises the contractual term in respect of such charges with a view to profit.

 

- Requests for information have been made to the Claimant’s solicitor to no avail. The defendant holds this claim as questionable, unlawful and punitive in nature, and currently carries no proportionate value.

 

- The law states that a contractual party cannot profit from a breach, and for a loss suffered from a breach of contract should be the amount necessary to put both parties in the same position before the breach occurred. This means that Liquidated damages should be charged.

 

- It is settled law that the charge (if that is what this is) for loss or damage arising from a breach of contract must be proportionate to the loss incurred.

 

-“the sum is a penalty if it is greater than the greatest loss which could have been suffered from the breach” and;

“The essence of a penalty is a payment of money stipulated as in terrorem of the offending part; the essence of liquidated damages is a genuine covenanted pre-estimate of damage”

- It is not disputed that the Claimant (EGG) is entitled to recover its damages following a breach of contract, and it is entitled to include a liquidated damages clause.

- In order to ascertain whether the Claimant’s claim are an unenforceable penalty or for liquidated damages, the true costs incurred by the Claimant need to be thoroughly examined (through the assessment of the S.A.R - (Subject Access Request) and CCA) to establish whether or not they represent a genuine pre-estimate of its likely loss incurred by my contractual breaches.

- The Defendant has not received any justification as to its claim by providing details of the costs incurred as a result of a contractual breach. A letter was sent to Bryan Carter & Co Solicitor initially requesting

 

“further information pertaining to this by myself, the defendant, on ********* (by recorded delivery).

 

I take the view that the claimants pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. The purpose of my letter sent on ******** was to make a request for some additional information in order to fully understand the claim and how it was calculated.

 

It was noted in the pleadings that an amount of £*** is part of a debt due under an agreement, and also that I agreed to pay the Claimant £******** however they do not provide details of how they have reached these amounts, nor any information, or a copy of this agreement they refer to.

I requested the following:

* A true copy of the alleged agreement.

* How they calculated the sum of £****

* How they calculated the sum of £****

I also said that I would be grateful if they would respond within 21 days so I could respond to the court with my defence.”

 

No communication has been sent back from Bryan Carter & Co Solicitors relating to evidence of the claim nor from Egg. Egg have not identify Bryan Carter & Co Solicitors as the instructed party. They also never identified any specific Debt Collector that may have handled their case.

NB: The company Bryan Carter & Co Solicitors has ceased trading since 28th February 2007. It is in the public domain that various organisations are aware of Bryan Carters & Co Solicitors activities, of which they have requested evidence of Bryan Carter & Co Solicitors actively trading after the 28th February 2007. The Solicitors have never set out that they are anything other than the company that has ceased trading. And therefore raise concerns as to there authenticity as a company acting on behalf of Egg. Hence the request for the SAR and the CCA.

- The Claimant, has not published any information to support how their charges are calculated, or what their actual costs associated with such breaches are, or what revenue they derive from such charges.

- It is therefore impossible to envisage how the Claimant can incur costs set in this claim.

- I ask the Court to instruct the Claimant to provide evidence of that which supports this claim versus the CCA, under a Data Protection Act 1998 right of subject access and the Consumer Credit Act 1974.

 

- Additionally, I believe that this claim was designed to make it difficult to evaluate by its ambiguity.

- It is not possible to base any case law specifically on this claim, as it is not clear what the claim is for.

A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

- The Claimant is a multi-national corporation. The term regarding costs, charges, may have been inserted unilaterally in contract. The contract may have been pre and mass produced and I would have had no opportunity to negotiate the clause, or indeed any of the contract.

- I believe this claim is for costs, that neither at any time was I given the opportunity to negotiate, or even notification of the said costings. This means that any signed CCA has been unilaterally altered as part of a contract to my detriment, and to the Claimants advantage.

- As pleaded above, the Defendant believes the claim is a levy to any agreement that is disproportionate to contractual penalties and contravene Human Rights. The Defendant will vehemently refute any contention that this is a legitimate claim which are as such not required to be a pre-estimate of loss incurred on the part of the Claimant. The Defendant believes any such contention to be an attempt by the Claimant to 'cloak' its penalties, costings, in order that it circumvent the statutory and common law provisions which prohibit contractual penalty charges with view to profit.

- As set out above, the Claimant’s claim cannot be considered to be liquidated damages, nor contractual service charges. They are not a pre-estimate of, or in any way related to, the Claimant’s loss incurred as a result of the breach of contract. The charges are punitive, and unduly, substantially and extravagantly enrich the Claimant. As such, they are disproportionate contractual penalties and unenforceable at law.

I, the Defendant, believe all facts stated to be true.

Signed and Dated

[sillygirl1]

Good luck with this - I will be there with you in spirit on the 10th - last time I was in court the Judge had 'strong words' with the solicitor - who refused to speak to me after the hearing...

[Penny4your]

Guys, I hope we can get this bunch of clowns soon. I googled this solcitors and found some sad stories. I remember when I was as low as them. This company shouldnt be allowed to operate. read this one.....

Debt Questions Forum | Debt Questions

[thegujju]

I'm having to deal with Bryan Carter/Fredickson International with regard to an old Egg Debt.

 

They have been chasing me with letters for over 3 months and me being me have been ignoring the issue.

 

Anyhow on the 19th August I sent both of them a CCA request. Both £1 cheques were cashed within a few days and Bryan Carter wrote back to say account on hold whilst we refer with our client.

 

What should I do now since I havent heard from them?

 

I don't know whether this has any relevance but this Egg debt was first being dealt with by Capquest and after I issued them with a CCA request I received a letter after a few weeks stating "we could not provide you with the information you require so have passed the account back to our client egg.

 

The debt is HUGE so I can't understand why Carter & Co havent tried for a CCJ yet.

 

I'm not trying to avoid paying the debt since it was me who took it out hence its my responsibility, its just that I need 2/3 months to find the money and in the mean time I can;t even offer nominal payments (nothing that will be accepted anyway).

 

Any advice would be appreciated,

thanks in anticipation.

[Penny4your]

Hi Gujji - In your instance do not send any more CCA requests unless they issue court proceedings.

Allow your current CCA request to go through, They have 12 days to comply. Then after 42days report the company, that you sent the CCA request to, to THEIR local Trading Standards if they have not produced the CCA after 42days, as it is a criminal act not to supply a TRUE Copy (not a pasted together copy).

 

THAT GOES FOR CAPQUEST... Report them if they have closed their file and not supplied CCA within 42days.

 

Then, if Egg or any other DCA are brave enough to take you to court ... CCA ONLY Egg ... that will put a stop to any other DCA taking on the file and not producing the CCA as you can say they are in DEFAULT (YOU OWE NOTHING ALL THE WHILE IT IS IN DEFAULT, it goes into default after 12days from when you have sent it).

 

Once you get a CCA, you may want to argue the debt (especially if there are fees levied against it). DO NOT ADMIT TO OWING ANYTHING. AND DO NOT SIGN ANY CORRESPONDENCE WITH YOUR SIGNATURE.

[Jeff2000]

I'm having to deal with Bryan Carter/Fredickson International with regard to an old Egg Debt.

 

They have been chasing me with letters for over 3 months and me being me have been ignoring the issue.

 

Anyhow on the 19th August I sent both of them a CCA request. Both £1 cheques were cashed within a few days and Bryan Carter wrote back to say account on hold whilst we refer with our client.

 

What should I do now since I havent heard from them?

 

I don't know whether this has any relevance but this Egg debt was first being dealt with by Capquest and after I issued them with a CCA request I received a letter after a few weeks stating "we could not provide you with the information you require so have passed the account back to our client egg.

 

The debt is HUGE so I can't understand why Carter & Co havent tried for a CCJ yet.

 

I'm not trying to avoid paying the debt since it was me who took it out hence its my responsibility, its just that I need 2/3 months to find the money and in the mean time I can;t even offer nominal payments (nothing that will be accepted anyway).

 

Any advice would be appreciated,

thanks in anticipation.

 

 

Hi thegujju,

 

 

Now that you have CCA'd Bryan Carter and Fredrickson International, I would sit back and wait for them to default on your requests. They will have defaulted 12 days after they receive your request. (Did you send the requests recorded delivery?) One calender month after the 12 day deadline they will have committed an offence if you still have not received anything back!

 

Once they have defaulted, they cannot enforce the agreement, and should cease asking for payments etc. If they do contact you and ask for payments whilst still in default, then you should then report them to Trading Standards and the OFT etc!

 

If they do send you an alleged agreement, then we can deal with that at the time. The best thing to do is take this one step at a time, otherwise you may end up tying yourself in knots! So sit back and relax, and wait for your CCA request to either be answered or defaulted!

 

It may also be a good idea to start your own thread in one of the debt forums, otherwise your posts will get lost amongst all the other posts on this thread! If you do start a thread, then you can post a link to it on this thread so we can find you!

 

 

Best wishes, Jeff.

[thinksmart]

So the question(s) is(are) why did he feel forced to change trading name? AND do the law society know!?!?

[Penny4your]

Thinksmart - he probably wasnt forced to change trading names. It just looks like he got himself some new playmates....and didnt tell anyone. The law Society are aware I suspect...given the amount of uproar in this forum.

 

And All -FYI , The court date is still on for Monday! Will keep you posted. Heeeee.

[groovychickmum]

good luck P4y........for monday.........btw, i have contacted trading standards regarding 'them' /'him' for issuing court proceeding to partner, whilst in dispute of cca request, then 'notice of discontinuance' then 3 days later closing the file..so basically he is trying his luck on hoping people dont defend. and partner still hasnt recieved anything(obviously because the file is closed), so...............my understanding is cca request MUST be answered,either we have it and send copy or a letter stating no credit agreement.........

GOOD LUCK .HOPE YOU GET THE BA..........BAD MAN LOL

[Penny4your]

Its looking good.... still nothing in the post. Not sure what the Judge will make of the fact he has taken my money for the SAR. Going to check if cashed the cheque for the CCA. So, thats surely fraud.

[setmefree]

Yes good luck nail him firmly to the ground, and when you have finished put it in your local paper..

[Penny4your]

Conveniently, the court received the Notice Of Discontinuance and the case will not be heard today.

 

So I popped along to the local police station and reported the breach of the Consumer Credit Act and they said that it was a civil matter. Ummm, more like a case of sloppy shoulders.

 

Mr Carter had cashed both the S.A.R - (Subject Access Request) & the CCA Cheques (note the CCA cheque was cashed after the discontinuance notice)...I will request that both the SAR and the CCA fee is refunded with 7days or I will be pressing for criminal charges of THEFT.

 

However, in the meantime..I will not let it rest... ive called his local TS office, and reported the CCA 42day breach.

 

Surrey County Council

Trading Standards

Mid Surrey Area Office

Bay Tree Avenue

Kingston Road

Leatherhead

Surrey

KT22 7SY

 

 

t: 08454 040506

f: 01372 371704

w: http://www.consumerdirect.gov.uk/contact_us.shtml

 

Notes: Consumer Advice line: 01372 371717. Business Advice Line 01372 371737. Minicom 08451 28 13 84. .

 

The TS have given me a reference number and will be looking into it. However, they are keen to hear from anyone who has had their case dropped and not received the CCA. So call TS on 08454 040506. The more we log with them... the more of a case they will have!

[wind of change]

I have spoken to this sad weak person/? this link may help add more info to a con man: Our Property gives free house prices from Land Registry data - OurProperty.co.uk

 

Have a look at the address to which people send cash...

[renegotiation]

Conveniently, the court received the Notice Of Discontinuance and the case will not be heard today.

 

So I popped along to the local police station and reported the breach of the Consumer Credit Act and they said that it was a civil matter. Ummm, more like a case of sloppy shoulders.

 

Mr Carter had cashed both the S.A.R - (Subject Access Request) & the CCA Cheques (note the CCA cheque was cashed after the discontinuance notice)...I will request that both the S.A.R - (Subject Access Request) and the CCA fee is refunded with 7days or I will be pressing for criminal charges of THEFT.

 

However, in the meantime..I will not let it rest... ive called his local TS office, and reported the CCA 42day breach.

 

Surrey County Council

Trading Standards

Mid Surrey Area Office

Bay Tree Avenue

Kingston Road

Leatherhead

Surrey

KT22 7SY

 

 

t: 08454 040506

f: 01372 371704

w: http://www.consumerdirect.gov.uk/contact_us.shtml

 

Notes: Consumer Advice line: 01372 371717. Business Advice Line 01372 371737. Minicom 08451 28 13 84. .

 

The TS have given me a reference number and will be looking into it. However, they are keen to hear from anyone who has had their case dropped and not received the CCA. So call TS on 08454 040506. The more we log with them... the more of a case they will have!

 

Load, aim, FIRE! Take no prisoners. You have my admiration. :)

[wind of change]

Persimmon Homes (south East) Ltd - Weybridge - OurProperty.co.uk

 

^Take a look at this address^ Is this the address where you pay? Dig more... I have spoken to this bryan carter,the weed and a very scared person! Hope this help thanks for looking.Dont let this creep worry you..

[Penny4your]

You'll never guess who rang me today !!!!!!!!!!! TS !!!!!!!!!!!! THEY WANT MY COURT BUNDLE. SOMEONE IS IN BIG DOO-DOO!