Brachers Solicitors - Anyone had dealings?

[Monty2007]

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[Monty2007]

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[Curlyben]

Good letter, but as these are solicitors maybe something short and sweet would be in order.

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : XXXX

 

I refer to your letter of xx/xx/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

[gizmo111]

Dear Sir/Madam

Your Ref;

I do not acknowledge any debt to you or your client.

 

Please be advised that I have contacted your client directly and requested further information under the legislation contained within s.78(1) Consumer Credit Act 1974 (S.77 (1) for fixed sum credit). Please note this was requested on 21 August 2006, and as I have received no response from your client this debt is now unenforceable. Any legal action will be vigourously defended on this basis.

 

o this end I would like you to note that I will not enter into any further communications with your company on this matter, unless and until my request is actioned.

 

 

 

[Monty2007]

Many thanks Gizmo, a lot shorter than my response. Should I add anything else?

 

Regards

 

Monty

 

Curlyben said:

Good letter, but as these are solicitors maybe something short and sweet would be in order.

 

Thanks Ben

 

??

[zubo]

Less is more:

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

Your client has ignored my lawful request under the Consumer Credit Act 1974 and subsequent SI. I formally advise you that since your client has failed to comply with the terms of the Consumer Credit Act then as from dd-mmm-yyyy your client is in default on this alleged agreement.

This default means that the alleged agreement from this date is totally unenforceable. Your client may not apply any charges, cannot issue defaults, cannot sell nor assign the alleged debt nor cannot invoke any clause within the alleged agreement. Further, if your client thought that consent has been provided to share my data with any third party, then that is not proven. In any event as principled party under the Data Protection Act I formally withdraw that permission. Any attempt to share my data will be unlawful and will be dealt with in court. In addition you are instructed to remove all reference to my personal data from all records held by any third parties.

Finally, I will be seeking full restitution of all payments made with interest, since it is my belief that this alleged agreement was unenforceable from commencement. Your client had a duty of care to comply exactly to the Act and has failed to do so.

This default may be discharged only by production of a true copy of the alleged agreement and in full accordance of form and content and compliance with the Act.

You, therefore are unable to procede to court and I strongly suggest that you advise your client to comply.

 

ok so it isnt brief..... but you need to really make the point that THEY are in Default under the terms of the Act, and.... what is the consequence....

 

Z

[Monty2007]

Many thanks Zubo!

[gizmo111]

Many thanks Gizmo, a lot shorter than my response. Should I add anything else?

 

Regards

 

Monty

 

Absolutely no need to add anyhting else - the shorter the better - plain english works best.

[tomterm8]

Hi, you asked me to look in, but Gizmo has already given you the best advice possible.

 

Do what he says:)

[Monty2007]

Hi, you asked me to look in, but Gizmo has already given you the best advice possible.

 

Do what he says:)

 

Thanks Tom and to everyone else for your help and advise. Much appreciated.

[tomterm8]

I have to admit, I would be looking for a plan b at this stage... penalty charges, etc. My experience on the site is that it is extremly rare for creditors to fail to find a credit agreement after early 2004. Almost every bank got their act together then.

 

it's quite likely IMHO they have the agreement... they just haven't bothered looking for it yet.

[diskmandave]

Hi, you asked me to look in, but Gizmo has already given you the best advice possible.

 

Do what he says

 

Might just be a ickle sex problem there!

[gizmo111]

Hi, you asked me to look in, but Gizmo has already given you the best advice possible.

 

 

 

Thanks tom,

 

Do what he says

 

Or even she

[tomterm8]

:?

 

oops.

[gizmo111]

:?

 

oops.

 

Any ideas for a name change cos everyone thinks I'm a male?

[Monty2007]

I have to admit, I would be looking for a plan b at this stage... penalty charges, etc. My experience on the site is that it is extremly rare for creditors to fail to find a credit agreement after early 2004. Almost every bank got their act together then.

 

it's quite likely IMHO they have the agreement... they just haven't bothered looking for it yet.

 

Dear Tom

Amex have only provided an application for one account and a set of Terms and Conditions for the second.

 

Brachers have added over £3,000 in collection costs for both accounts.

[Brassed off]

Any ideas for a name change cos everyone thinks I'm a male?

 

What about "She Who Must Be Obeyed" - well, you are a mod lol:D

[tomterm8]

Dear Tom

Amex have only provided an application for one account and a set of Terms and Conditions for the second.

 

Brachers have added over £3,000 in collection costs for both accounts.

 

That sounds promising:)

 

What about "She Who Must Be Obeyed" - well, you are a mod lol:D

 

What about Madam Gizmo?

 

Hey, no one said i was original, LOL.

[diskmandave]

Brachers have added over £3,000 in collection costs for both accounts.

 

The OFT guidelines on debt collection spring to mind right about now!!! LOL!!

 

3 Grand in collection costs?!!! Who are they trying to kid...??!!?! Where've they been trying to enforce collection from? Bermuda... Then the Seychelles... Then Monte Carlo.... And maybe the South of France..!!!

 

Take a read of the Debt Collection Guidance!

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

I've not laughed like that since... erm.. Friday!! LOL!!

 

Good luck with it!

Regards, Dave.

 

[Monty2007]

Thanks Dave, I agree with you that they are taking the Pi**. I have a letter ready to go and I have already fired off an e-mail to TS. I am leaving it until Weds, they did give me a week in their threat-o-gram....how kind.

[tomterm8]

I think Tom has a good point - should I serve them with an N1 for now £4 K of charges and require them to produce the credit agreements? They are 12 + 38 days gone and just sent a set of T&C's for one account and an application for the second.

 

Any thoughts or should I just wait for their response?

 

If I were you, I wouldn't take them to court - the burden of proof is on the claimant. I would start their formal complaint procedure, complain to the OFT, trading standards and all the other usual suspects.

 

Personally, I would just wait, 'cause either they'll have to send it back, or sue you.

[Monty2007]

??

[Monty2007]

-------------UPDATE--------------

 

Had pay up or else letter from Brachers, plus they sent me an income and expenditure form to complete (nice try).

 

Sent them a reminder that their Client had failed to conform to my S78 CCA request, accounts were in default and that I DO NOT ACKNOWLEDGE THIS DEBT. Reminded them that the alleged debt in unenforceable under the 1974 Consumer Credit Act. Made them an offer to settle but they want £11 K (most of this are charges).

 

I also requested all information that they hold on me (SAR) under S7 of the 1998 Date Protection Act. Sent £10 + RM Special Delivery.

 

Received a response telling me that they are not a data controller so do not have to comply with Data Protection Act, suggest I contact Amex, sent my £10 cheque back.

 

Now are Brachers acting as a Solicitor or a debt collection agency? - see their web site at: http://www.brachers.co.uk/commercial...debt-recovery/

 

Are they processing my data or not?

 

So far for 2 Amex credit cards:

 

- Amex sent 1 application for one card and a set of T&C's for the second

- SAR complied with by Amex back in June 07

- RMAI Resolve/NCO did not comply with SAR or CCA request

- Brachers are now acting, said they would supply the CCA's - have not

- Lots of threats and offers to settle, added £3.5 K "collection charges" want £11 K to settle.

- I require removal of default notices and now removal of balance

[ODC]

That sounds promising:)

 

 

 

What about Madam Gizmo?

 

Hey, no one said i was original, LOL.

Maybe Gizmette:D

[Maurice1977]

Hmmm. Most helpful.