Help Needed With Bryan Carter & Co

[Tools]

Re: Help Needed With Bryan Carter & Co

It may just be me being paranoid and untrusting but......... it is always possible they may want your signature to "recreate" the CCA or other documents. If you can avoid doing so I would not send them it.

Also I tend to change my signature periodically so I know round about when I use a particular style. For example if I were to provide someone a recent signature and they were to use it on a document supposedly dated 5 years ago, I would know instantly it wasn`t genuine.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Well I'm back ftom The Pool now and I'll knock up a letter for you this weekend.
As for MBNA, yep you got it complete Bovine Excrement.
What reasons are they giving for asking for your signature.

Yes Tools certain DCA's are too good with Photoshop and have been known to even take these "agreements" to court.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Thanks Guys I have sent them a letter stating that they already have my signature on the £10 cheque and I also know that they can not find the original agreement for one of the accounts as LINK have already told me that , so I think that this is just a delaying tactic, but I did remind them that the 40 day "clock" was already running and that the DCA who act on their behalf should observe no harrassment, and no further action till matter resolved.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

LETTER AS FOLLOWS

As you know we have a Final Charging Order over your property.
You have failed to repay the debt and we now intend to take possesion proceedings against yoy. This means that we will apply to the court for an order that your property be sold and the debt due to our client paid.
Before we do so you have one last chance to clear the debt.
Contact us within 10 days.

I have sent a SAR request to Carters and MBNA enclosing the £10 fee 10 days ago.
SD

OK time for a letter to Mr C.
Sorry about the delay.

Dear sir,
Thanks you for your letter of **DATE** the contents of which are noted.

As I am currently up to date with payments agreed with your selves under this Final Charging Order, I fail to see what would be gained by pushing for a Possession Order in this case.
Indeed I would welcome the opportunity to bring to the courts attention your conduct in this matter and your ongoing non-compliance of my Subject Access Request under the Data Protection Act 1998. Also the fact that I am disputing the overall value of this debt with the original creditor and the circumstances surrounding this action in it's entirety.

If your company continues to apply undue psychological pressure in this matter then I will have little option but to file complaints with the appropriate regulatory authorities, including, but not limited to, The Office of Fair Trading and the Law Society.

I am confidant that this will not be necessary and an acceptable solution can be accomplished.

I anticipate that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully

Well that should do the trick.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Thanks CB for the above, that letter was sent off to MR C and a letter also to MBNA telling them to call off the dogs!
Had todaya letter of utter drivel from AKTIV KAPITAL, but along with every other DCA no original documentation, that letter filed in "G " for garbage! however, Iqor have sent all of what was asked for including a copy of the agreement, and all the statements too, this was a credit card, the late fees etc total aprox £100, so what do i do next, the debt is still being handled by IQOR
------------------------------- merged -------------------------------
CB, the date that the letters went to the DCA company's was the 26 September' 08, the twelve dey ruling seems to be ignored by the DCA'S.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Can you scan and post Igor's response.

DCA's calendars run in a parallel time frame to ours and bear no resemblance to reality at all

Not to woory, let them default on your request as they are completely stuffed until they do.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Iqor Responce
" We write further to your recent corresondence please find enclosed as requested your original agreement/copy bill provided by our client.
Our client believes that the above balance (4211.63 ) is correct, overdue and outstanding, therefore, we request that you forward the FULL BALANCE by return post. This is your final opportunity to discharge your obligation amicably and avoid action that could be taken against yourself."

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Yeah nice letter

But what does the "agreement" look like.
Whose the OC ??

[silverdel]

Re: Help Needed With Bryan Carter & Co

The agreement is the genuine copy complete with my signature, the original client is Halfax Credit Card
------------------------------- merged -------------------------------
Oh and all the statements are there

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Does it contain ALL of the prescribed terms required under CCA ?

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

8.2 What if prescribed terms are missing or incorrect?

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.


8.3 What are the prescribed terms?

The prescribed terms specified in Sch 6 are as follows:

* amount of credit – see Q8.

* credit limit – see Q8.5
* repayments – see Q8.9.
* rate of interest – see Q8.6

Sch 6 was not amended by the 2004 Regulations.


Also check out Peter Bard's excellent thread on the subject: Agreement Enforceability - The Consumer Forums

If so time to send Igor this dispute letter:

ACCOUNT IN DISPUTE

Dear Sir/Madam,

Your ref:


Thank you for your letter of **DATE**, the contents of which are noted.
I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.
I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Should shut them up

[silverdel]

Re: Help Needed With Bryan Carter & Co

CB, Checked the paperwork received from IQOR, they have infact sent me the credit card application form with my signature on, does this constitute an agreement? it says at the top that "Credit Agreement Regulated by CCA 1974, but does not contain any of the criteria that you listed in the previous post, in fact it it mostly contains all my details, who i worked for income and expenditure, it is a single page,one sided photo copy.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

If the "agreement" from Igor is lacking even one of the prescribed terms they are stuffed and can whistle.

Throw this at them:

Account In Dispute

Dear Sir/Madam

Re: my request under s78 of the Consumer Credit Act 1974.

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. The supplied documentation does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and further action cannot be taken until you comply. You entered into a default on **12 Days DATE**.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

They probably wont take this lying down, but not to worry

Just to add, especially for others following this thread.
An APPLICATION CAN be and AGREEMENT if it embodies ALL of the prescribed terms.

[silverdel]

Re: Help Needed With Bryan Carter & Co

I have done that letter and it will be in the post today, Thanks CB!!!

[Curlyben]

Re: Help Needed With Bryan Carter & Co

As ever, mate, my pleasure.

Might be time to have a breather and summaries where we're at with everything that's going on.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Still waiting for the DCA's to complete the original requests, sent out 26/9/08, still waiting replys from SAR's sent out 17 October.