Bryan Carter have sent me a threatening issue court proceedings letter

[nigelb4873]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

I really need some help or legal advice on this please can anyone help me on this? Thanks Nigel

[nemesis45]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Sorry I should have made that clear these iPhones! I sent them the bill and they sent me the money back but after December 2008 finished Jan and Fen bill they never sent the money as the company was being wound up, I spent a few months not knowing if I was going to be able to pay the mortgage etc. Do you have any ideas what I can do now? The company no longer exists and I would like to know what investigation they carried out!

Hello Nigel.

This is complicated, you set up an account(s) in your name relying on the your employer ( now defunct) paying bills submitted by yourself obviously ( to my mind) the phone provider was not party to this arrangement, is this correct?

nem

[nigelb4873]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Yes that is correct, I got the phone in my name as that is what my employer wanted me to do at the time. I would send the bill in with my expenses which they paid me and I then paid the bill off. But as I mentioned previously the company was worried that I would win the lottery so they asked me to transfer the ownership of the phone to them. So I filled out the form from Vodafone and sent to my company in late 2008 around November time I think. I heard nothing back from Vodafone or my company. I then got a call from my boss on New Year's Day to inform me that the company was going into liquidation. The next two months bills were never paid by my company.
To say Vodafone never knew about it is probably a mute point as I had to call them to ask them to send me the transfer of ownership form so it would have been discussed with them. Does that help? Regards Nigel

[seduraed]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Perhaps a subject access request might
The some light on the issue. There is a statutory ten pound fee. Also it might be worth seeing if they can find the transfer document under the name of your former company.

[nemesis45]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Yes that is correct, I got the phone in my name as that is what my employer wanted me to do at the time. I would send the bill in with my expenses which they paid me and I then paid the bill off. But as I mentioned previously the company was worried that I would win the lottery so they asked me to transfer the ownership of the phone to them. So I filled out the form from Vodafone and sent to my company in late 2008 around November time I think. I heard nothing back from Vodafone or my company. I then got a call from my boss on New Year's Day to inform me that the company was going into liquidation. The next two months bills were never paid by my company.
To say Vodafone never knew about it is probably a mute point as I had to call them to ask them to send me the transfer of ownership form so it would have been discussed with them. Does that help? Regards Nigel

VF's problem has always been with complaints/enquiries made by phone either not recorded at all or " lost" no record etc.

Did the company have any admin office in the UK?

nem

[charitynjw]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

I'm also confused.......is this statute-barred?

It would seem to be concerning a 2008/9 issue & OP doesn't seem to have acknowledged or paid since then.

[nigelb4873]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Hi, I am sorry I don't know what you mean by Statute Barred? Perhaps you can explain this to me in simple terms?
The company head office was in California USA and this is where everything was done from, admin, manufacturing etc. They did open a small office in the UK but it was only open for about 6 months just before the company went into Liquidation but this office was used for storing consumables and sending them out from there and also a Sales Office where they just had meetings only.
I would love to know what investigation they carried out, I would expect that it wasn't much probably just confirming with VODAFONE everything, can I request this investigation report from them?
You mentioned that to get a Subject Access Request from them, what is this and How do I go about getting this from them? Would this help?
If I said to them take me to court and it went to court what would be the outcome from this?
They sent me the recent letter and the date on the letter was 15 July 2016 and it arrived on the 22 July 2016, so it took a week to get to me?? Very curious I find this very strange! So, I only have until the 15 August to respond to them but I am tempting to do the same thing back to them!!
I would appreciate any Legal Advice or any ideas as to the next course of action for this as I would like to try and get these people off my back. This debt has been hanging around now for just over 7 years can this be enforceable any more? I thought I read some where that if it goes over 6 years it is not enforceable any more? I would appreciate any help guys. Many Thanks Nigel

[nemesis45]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Hi, I am sorry I don't know what you mean by Statute Barred? Perhaps you can explain this to me in simple terms?
The company head office was in California USA and this is where everything was done from, admin, manufacturing etc. They did open a small office in the UK but it was only open for about 6 months just before the company went into Liquidation but this office was used for storing consumables and sending them out from there and also a Sales Office where they just had meetings only.
I would love to know what investigation they carried out, I would expect that it wasn't much probably just confirming with VODAFONE everything, can I request this investigation report from them?
You mentioned that to get a Subject Access Request from them, what is this and How do I go about getting this from them? Would this help?
If I said to them take me to court and it went to court what would be the outcome from this?
They sent me the recent letter and the date on the letter was 15 July 2016 and it arrived on the 22 July 2016, so it took a week to get to me?? Very curious I find this very strange! So, I only have until the 15 August to respond to them but I am tempting to do the same thing back to them!!
I would appreciate any Legal Advice or any ideas as to the next course of action for this as I would like to try and get these people off my back. This debt has been hanging around now for just over 7 years can this be enforceable any more? I thought I read some where that if it goes over 6 years it is not enforceable any more? I would appreciate any help guys. Many Thanks Nigel

The Limitation Act 1980 ( viewable online) set down the limitations for bringing legal action on a contract .

So if you have a credit card debt for example on which you have made no payments or written acknowledgment in 6 clear years ( the date that the relevant 6 year period starts will vary according to the type of account. With a Credit Card agreement most will say after so many missed payments the issuer Can default the account usually 2 or 3 missed payments)

Some debt purchasers insist that the date of default starts the six year period but this can challenged.

A SAR would have to go to the original creditor the debt will have been purchased in a very large portfolio and with the minimum of information.

SAR = Subject Access Request, made under the provisions of the Data Protection Act 1998 requiring the recipient so supply all the Personal Data that it holds on the individual within 40 days.

There is a £10 statutory fee.

[charitynjw]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Where do you live? (country)

[nigelb4873]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

I live in the UK.
What would you advise me to do next please?

Thanks Nigel

[charitynjw]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Where do you live? (country)

I live in the UK.
What would you advise me to do next please?

Thanks Nigel

####

[nigelb4873]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

What does #### mean?

[nigelb4873]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

As this debt has been hanging around since Jan/Feb 2009 I have never admitted that I owe this debt verbal or in writing does this mean its now statute barred? If so should I sent a letter to Lowell? is there a template on here that I can use? Please advise me on what to do next. Many Thanks Best Regards Nigel

[nemesis45]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

As this debt has been hanging around since Jan/Feb 2009 I have never admitted that I owe this debt verbal or in writing does this mean its now statute barred? If so should I sent a letter to Lowell? is there a template on here that I can use? Please advise me on what to do next. Many Thanks Best Regards Nigel

Hello Nigel,

Do you know the default date:? Is this on your credit files? You can check Noddle Free online!

nem

[nigelb4873]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Hi Nem,

I have checked my account and it says the date of default was 02/12/2010 so I need to some how pro long this until after that date I guess! I don't think that will happen as I am sure these vultures will try something. What would you suggest I do? Many Thanks Nigel