bryan carter

[cupcake2]

my daughter in law sent letter to bryan carter enclosing 1 pound postal order for cca bryan carter has returned postal order with attached letter stating that she will have to send to original creditors for cca even though bryan carter has taken over debt what does she do now thanks

[The Debt Star]

Re: bryan carter

I believe that is correct, where the debt has not been bought by a third party. She should send her CCA request direct to the original creditor.

[Caspar]

Re: bryan carter

He's probably right, much as I hate to agree with this man. He will not own the debt, he is merely representing the people that do (he normally represents scumbags!)

[Curlyben]

Re: bryan carter

Sorry guys but no.
Mr C should of passed this onto the OC whether he is the new "owner" or not as per s175 of CCA.

175. Where under this Act a person is deemed to receive a notice or payment as agent
of the creditor or owner under a regulated agreement, he shall be deemed to be under a
contractual duty to the creditor or owner to transmit the notice, or remit the payment,
to him forthwith.

Now is this actually Mr C chasing or is he acting as sols for Fredricksons DCA.

[The Debt Star]

Re: bryan carter

Sorry guys but no.
Mr C should of passed this onto the OC whether he is the new "owner" or not as per s175 of CCA.



Now is this actually Mr C chasing or is he acting as sols for Fredricksons DCA.

Hi Ben. I had this section 175 argument with CrapVest who managed my Egg account. I know that s175 says that the third party SHOULD refer the request to the OC and on the basis of this I complained to Trading Standards, the OFT and the FOS about CrappyQuest.

I can't post up the response I got from Trading Standards as I am at work (I can do it later on). However, TS said that the OFT were reviewing the matter and that the Jan 2010 Guidelines stated that the manager of the debt is not under an obligation to send a CCA or even to forward the request on to the OC. Now, given that the OFT, TS and FOS were not in the least bit interested, s.175 is a total waste of time because the end result was that CrapVest never did send the CCA and never did refer my request to Egg.

My understanding is that the OFT Guidelines 2010 state that a debtor must write to the OC for the CCA. And, even if that is contra to s175, there is naff all we as consumers can do about that. So I'm not disagreeing with you I'm just saying that is the reality. The OP should het her daughter to send the CCA to the orginal creditor.

[Curlyben]

Re: bryan carter

DS, I see what your saying here, which is why I always suggest to start with a simple Prove It rather than the more long winded CCA request, especially taking into account Carey as well.

It's amazing what response you can get from a Prove It rather than getting all legal from the start.

[The Debt Star]

Re: bryan carter

Yes, I think that is defo the right advice Ben. Send the Prove It to the DCA first.

However, can it do any harm simultaneously obtaining a copy of the CCA from an OC?

[Curlyben]

Re: bryan carter

Wait and see what, if anything, the DCA has to say and go from there.
I'm against papering with CCA requests.

[Caspar]

Re: bryan carter

I'm against papering with CCA requests.

I'm against communicating with them at all unless absolutely essential!:beagle:

[The Debt Star]

Re: bryan carter

I got my tactics from CAG. I have since had to un-learn a lot of that and to take a more low-key approach to the OCs. I am a lot more aggressive with the DCAs though. I have shaken off 2 quite recently with some fiery 'prove it' style letetrs and they do work.

What is Bryan Carter's typical response to a Prove It letter? Any experience of this?

[Brian]

Re: bryan carter

with BC and the other parasites out their, its all a matter of money...

It will cost them approx. 20 quid to write to you and will they be able to charge the client for that...?

That as far as Im concerned IS the driver with them, no money (no "contract" usually ='s no letters)

Bri

[diddydicky]

Re: bryan carter

I got my tactics from CAG. I have since had to un-learn a lot of that and to take a more low-key approach to the OCs. I am a lot more aggressive with the DCAs though. I have shaken off 2 quite recently with some fiery 'prove it' style letetrs and they do work.

What is Bryan Carter's typical response to a Prove It letter? Any experience of this?

in fairness to other forums- you would probably also have had to unlearn what you might have read on this forum if you had been on here rather than another forum

the facts are that the goalposts have been shifted in CCA matters- due to recent court decisions and what was once good advice is now having to be re evaluated by all concerned