Jump to content


  • Tweets

  • Posts

    • Bankfodder thanks for your help and yes i am about 90 miles from the garage i have requested the advert from autotrader  waiting for that back.  the dealer is a garage and taxi /minibus firm with a big unit i have taken screen shots of the stock and sales on ebay  and cars for sale on autotrader i have a reciept for my purchase signed etc  so yes i know 30 days is up but like you said its the enforcing it may be an issue but ill take it up to the highcourt as seen on tv lol 
    • Letter said 10 going across company, 2 from cad team. Only 2 have been scored. Essentially I would have stayed but now my position is untenable I feel, how could I go back after being mistreated like this. So yes, I want more compensation because its been an unfair process.    We don't have a union. 
    • So your desired outcome is "going, but more money"?   How many people are leaving in total? Has a union or reps agreed the redundancy terms?
    • I can certainly see why your son booked there.  The place has rave reviews from previous guests.  I'm surprised they are being so unprofessional with your son.   On their page under "Questions" they've written   Hi there! On the booking listing on the search page it says free cancellation, however when I go to book it says non refundable. Please can you confirm whether there is free cancellation on this for November bookings? Thanks!   Hello, Our cancellation policy is free cancellation upto 60 days before arrival. However if White Cross Bay has to close due to a second lockdown, we will re schedule your stay or offer a full refund.   I would suggest your son write to them through Booking.com's internal messaging system (Bookings > Owls House > Contact the property) and if they don't reply within 48 hours demand that Booking.com intervene.    N.B.  After a certain amount of time and/or a certain amount of bookings this internal messaging system ceases to work for old bookings so it might fail, but, hey, it's worth a try, it'll only take 10 minutes..   On their COVID Info. page Booking.com go on about bookings after 6 April, basically saying that after that date everyone knows about COVID and that travelling is a risk so it's a good idea to book places that offer free cancellation.  However, before that date - which would apply to your son - I'm pretty sure they had some scheme where you could cancel even if not normally allowed.  Sorry to be vague, but again this is worth looking into.   I suggest these things on a "belt & braces" basis. Obviously keep fighting to get the money back through the Halifax as others have suggested!
    • Typical defence that you would expect in response...reads rather like a witness statement than a defence.   Be wary of point 25 .....are you currently indebted to the agreement ?.....they are relying on CPR 16.6 to use a set off defence.   Andy
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 6 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

Help!! Bryan Carter Solicitors Taking Me To Court


Please note that this topic has not had any new posts for the last 4589 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Please can someone help!! I have an outstanding debt with Capital One which was bought by Arrow Global LLC, but I was informed by Fredrickson International that Arrow had taken over the debt. So on the 31/05/07 i sent a £1 Postal Order and a request letter for a copy of my Consumer Credit Agreement proving my debt to this group and up to today heard nothing. Then this am I have had a FINAL NOTICE from Bryan Carter & Co that unless I pay £1075.00 by 10th August I will be going to Court. I have just phoned them explaining that I have not received anything from Fredrickson (they cashed the Postal Order though) and this very stuck up fella on the other end of the phone told me that there was no copy of the letter and that only the postal order was cashed. He said that they would be issuing Court Proceedings and that I would have to put in a part admission because most of the above amount is charges and I was waiting to hear from Fredirckson before trying to claim these back. I suppose I am too late now and wil have another CCJ against my name as he was very snotty to say that the letter requesting the CCA wouldn't make any difference anyway.

 

Anyone got any ideas of what I should do next. Any help greatly appreciated.

 

Thanks

Link to post
Share on other sites

don't panic.just send the morons at bryan carter another CCA, just like i done, they rang me today even tho i got letter of court action being taken on the 2nd. my dca is frederickson international aswell, and it about a cap 1 card lol.

 

i noticed the other day carter is a subsid of another comany, strange thing is neither of them are regiseterd at companys house, they sound bit dodgey to me.

 

as i said just send them a CCA asap and start the clock

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

Link to post
Share on other sites

I suppose I am too late now and wil have another CCJ against my name

No, not if you defend it on the basis that they can not provide a copy of the agreement.

 

he was very snotty to say that the letter requesting the CCA wouldn't make any difference anyway.

 

Well he would say that wouldn't he. Lets face it he's not there to help you. I think you will find that the letter requesting a copy of the agreement makes all the difference.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Thanks for the advice, so if i send another letter requesting my original consumer credit agreement with Capital One what is the time scale for them to reply please and if they do take me to court I can defend the whole amount or only part because most of it is made up of charges which I want to claim back. Sorry for the questions but after the phone call yesterday i really want get it right. I cannot down load the template letters on here for the debt collection section dont think I have got the software, can anyone help with the correct wording, quotes etc.

 

Many thanks again.

Link to post
Share on other sites

timescale is, send asap by recorded/special deliver, watch on royal mail web site for delivery, now wait 12 working days, if you dont get wat you asked for in CCA by LAW they can't demand any monery off you, now start the 30 days (inc weekends) if you still not received the CCA details by LAW they cannont persue you, if they ignore it make complaint to OFT.

 

IF you receive court papers through the door, DON'T PANIC, defend the claim and inform the Courts you have issued an CCA requset and are waiting for a responce the court will issue a stay for a month or so,

 

If court taken AFTER the 12+30 days yet again inform courts that they were issued withh CCA on watever date and they have failed to respond in the timeline, therefore they have NO legal right to this debt, court will confirm this and more than likly through it out,

 

unless it for VERY large amount it very unlikly they take court action. one they receive cca from you they will threaten you more, just stay calm there a thead on DCA's telephoning and harrasing stuff look it up

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

Link to post
Share on other sites

Thanks Mr Marmite,

 

They have already had one request for CCA sent on 31st May to Fredrickson they cashed the Postal Order and took the £1 off my debt! They said they had not received the letter though strange as it was in the same envelope as the Postal Order? Unfortuantely didn't send it recorded delivery or if I did I cant find my slip, stupid I know but have sent a letter yesterday to Bryan Carter recorded delivery saying that their Client was issued with a CCA request on 31st May and until they provide me with the paperwork no further action should be taken by themselves I put a copy of the letter sent in May in as well, and they should liaise with their client for further information. Should I send another CCA request to Fredrickson as they are saying they never received the first (even though they cashed the Postal Order) or leave it as it is for now and wait for a reply.

 

Many thanks.

Link to post
Share on other sites

The cashing of the postal order is sufficient proof of receipt.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

yup totaly agree with rory32, they cashed it so it's proof. let them take you to court and defend it. IF/when you get court papers through say u sent cca and they refused to honour it in the timescale and supply cca letter with copy of proof of delivery and copy of postal order. They FAILED to provide any evidence that you owe this debt by not supplying the credit agreement. if 12+30 days expired they have NO legal right to this debt by LAW, u need to complain to trading standards and OFT sooner rather than later,

 

have a look round cag, there is template letter u can send to fredpay saying they have no legal right to debt blah blah blah, send by recorded del/spec delivery.

 

I'm wondering if it's worth sendin bryan cart a copy of CCA and to take note that no other communication will be entered into as fred has commited a criminal offence and you have notified trading standards aswell as OFT. also add " Should you ingore this letter you will make a complaint to OFT about carter and you will contact the police because you beleive they are commiting fraud CLAIMING you owe them money without providing PROOF they have legal right to this debt.

 

that should stop it, BUT you really DO need to compalin about them. in the UNLIKLEY event of court action you can say to courts that u complained to OFT and TA hope by then you will have case numbers, judge will just through it out then

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

Link to post
Share on other sites

Thanks again Mr Marmite, I have sent a copy of the CCA letter to Bryan Carter along with a letter telling them that I have asked for a copy of my CCA on 31st May and that until this is produced they should take no futher action, but they have already gone over the time line so will have a look for that letter but I know I have had trouble dounwloading these letters before I haven't got the correct software on my computer and I am not able to look at them.

 

I think I will make a complaint to the OFT about these two companies because I have got a feeling they will issue Court Proceedings anyway I sent the letter to Bryan Carter by Recorded Delivery and marked the envleope URGENT PAYMENT ENCLOSED!! Just to make sure they would sign for it!!

Link to post
Share on other sites

sweet. just chill out and relax, as i said before IF they take you to court just send copy of cca and proof they received it back. should fred or carter keep buggin u look in harassement bit on this site for template letters, that will put stop to it, soz late reply I been away. for your info, i sent cca to carter while back now and i not got/had any telephone/post from then :)

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

Link to post
Share on other sites
I have just phoned them explaining that I have not received anything from Fredrickson (they cashed the Postal Order though) and this very stuck up fella on the other end of the phone told me that there was no copy of the letter and that only the postal order was cashed.

 

MMM if they say that no letter was recieved, then how do they know what the postal order was for and from whom ???.

Yet another Dirty trick from the Carter crew,report them to the trading standards.:D

Link to post
Share on other sites

It's a waste of time trying to deal with BC on the phone. I think you will find your letters will do the trick. If they do issue court proceedings without CCA compliance we have some tried and tested tactics that will stop them in their tracks. Keep us posted.

"Why CCJ when you can CCA!"

Link to post
Share on other sites
  • 6 months later...

any out come on this?????

 

just clearing up some old threads

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...