Bryan Carter still exist?????

[DonkeyB]

I had a letter from BC last year for a debt that I did not owe.They gave me 7 days to dispute the debt which I did and so I avoided them taking it further.I received an appology and a refund from the Carphone Warehouse.I found BC reasonable.

I'd advise you not to take too much notice of the comments on this thread too seriously as some of the comments from these people on here seem mixed up.

I'm a university under graduate so I have the ability to see things a bit more profoundly.

 

Dear Erovanproach

 

I believe you owe me £5,000. If you cannot prove to me within 7 days that you do not owe this money, I will send in bailiffs. If you fail to respond to this notice, a copy will be given to a judge as proof that you do, in fact, owe me the money. Pay up or else.

 

Yours

 

Donkey.

 

Now, how ridiculous does that sound?

[Erovanproach]

Dear Erovanproach

 

I believe you owe me £5,000. If you cannot prove to me within 7 days that you do not owe this money, I will send in bailiffs. If you fail to respond to this notice, a copy will be given to a judge as proof that you do, in fact, owe me the money. Pay up or else.

 

Yours

 

Donkey.

 

Now, how ridiculous does that sound?

 

If I knew that you had proof that I owed you £5000 and could use it to provide a court with evidence but allowed me 7 days to prove that evidence was inaccurate before presenting the court with that evidence then I'd send you the proof that I did'nt owe the money.Because I would'nt want it to go any further.

[42man]

Doesn't matter even if you have proof that money is owed....you look through a number of legal cases in the High Court and there are MANY that never uttered for a minute that the debt WASN'T owed it was just that it wasn't enforceable......just because it goes to court doesn't mean the bailiffs are going to come round....sure if you get taken to court, don't defend, don't appear, don't pay then they will come round.....If you need evidence then have a look here - DCA Legal Successes - The Consumer Forums A lot of people aren't aware of their rights, and although your perception is correct with a lot of people...once you start reading through some of the other threads then people start to get a little angry with the DCA....and what about those who know that their penalty charges are more than what is being claimed but don't have all their statements when a claim comes through ? It takes you possibly up to 40 days to send a SAR to prove otherwise, will a court claim stop because of that ? no !! You write a letter to Carters stating that the debt is made up of charges and you can bet that they will ignore it.....some cases on here have a clear dispute going but STILL a court claim is issued....and that is the beauty of the Civil Procedure Rules !!

[Erovanproach]

Perhaps it is because your 'advice' is misleading and inaccurate.

 

1. The recipient of a solicitor's letter before action does not have to prove anything before proceedings are issued and can simply ignore this and defend the summons, if and when it is issued.

 

2. Bearing in mind that the county court allows 5 days for postal service, 14 days to respond, 2 days to enter judgement, the minimum period that a warrant could be issued in 21 days - assuming no defence is entered - not seven.

 

3. Bailiffs/HCEOs have no right to force an entry in to a residential property unless previously able to enter peacefully.

 

4. Contrary to whatever he, (or you) might think Bryan Carter is bound by the same laws as everyone else and does not get to apply his own "procedures".

I don't think you understand what I'm trying to say here.I understand that you are telling me the law but what I'm saying is that with the other Debt collectors I was aware that if I did nothing they could not really do anything other than pass on the debt.However with BC I was given the information on this forum last year that BC would take the debt to a court.So in order to aviod them passing on their evidence that I owed money to the Carphonewarehouse to the court I sent BC a letter of proof I had received from the Carphonewarehouse that I did not owe the money.I agree that I could have let it go further before disputing the debt but I decided to send them the proof becaue after a year of harrassment from DC I wanted an end to the problem and it was and I got a refund.Why would I have wanted anyfuther bother the others did nothing but BC would have done.But now I realize that the other DCs did do somthing which was pass on the debt.I tryed to reason with CPW but they were unreasonable.I did'nt reason with BC I just sent them the letter I gave them no phone details and communicated as little as possible I am aware they would have phoned regularly to intimide as DCs do.But the matter was concluded reasonably they sent the proof to the CPW and the CPW appologised and gave me a refund.The issues was poor communication and missinterpretation and staff who were lazy and could'nt be assed to investigate and made false asumptions.

[spitfire650]

I don't think you understand what I'm trying to say here....

 

You're quite right - I don't understand what you are trying to say.

[rev.ian]

I found BC reasonable.

That’s a first on CAG:D

[42man]

"what I'm saying is that with the other Debt collectors I was aware that if I did nothing they could not really do anything other than pass on the debt" - I disagree with you as you will find people like CL Finance, Cabot and 1st Credit / Connaught do and have taken people to court....

[Erovanproach]

That’s a first on CAG:D

What I mean is BC sent the letter I had sent them which proved that I did'nt owe the debt to the Carphonewarehouse and CPW appologised for the mistake and sent me a refund.

[DonkeyB]

But that doesn't explain your totally erroneous and misguided advice to the guy who had received the first stage letter...

 

... can we turn this off please?