Help Needed With Bryan Carter & Co

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Hell, you know me and my "love" of DCA's

[silverdel]

Re: Help Needed With Bryan Carter & Co

UPDATE Had a letter from Carters today asking mr to complete a DD mandate, however they still ignore a SAR request made to them on 17/10/08, also their client, MBNA was SAR at the same time, also no reply, Do i have to continue payments bearing in mind that Carters have 2 seperate charging orders on my home? the amount in DD is for £40

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Yes, but NOT via a DD.
The payment method is YOUR choice.

I'd also be inclined to send them a slap about the SAR

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Hey Del, how goes the good fight ?

[silverdel]

Re: Help Needed With Bryan Carter & Co

Letter from Aktiv Kapita, DCA for GE Capital
We do not believe that we fall within the definition of creditor contained within Section189 of the CCA.
In our case we purchased the right to recover the outstanding balancedue under the agreement, we did not purchase the duties under the agreement and these were retained by the original creditor who sold the debt to us.
However as far as we are able we do wish to provide the information that you require and which is required under the CCA1974, to this end we contacted the original creditor and enclose the relevant documents.
If we do not hear from you in the next 7 days the account will be passed to our collections division for further action.

NOW< they have supplied the original credit agreement, all payments made and all charges levied, a total of £45.00

Any help guys???

[Birdie]

Re: Help Needed With Bryan Carter &amp; Co

Hi, can you post up the CCA?

[Curlyben]

Re: Help Needed With Bryan Carter &amp; Co

Typical Bovine from AK here.
They believe that because they purchase the debt they are immune from CCA.
Yeah right, muppets !!

What was this agreement for ?
Have THEY put any charges on it, or are they all from GE ??

[silverdel]

Re: Help Needed With Bryan Carter &amp; Co

Typical Bovine from AK here.
They believe that because they purchase the debt they are immune from CCA.
Yeah right, muppets !!

What was this agreement for ?
Have THEY put any charges on it, or are they all from GE ??

The charges were put on by GE Capital, the agreement was for a loan for furniture.
------------------------------- merged -------------------------------

Typical Bovine from AK here.
They believe that because they purchase the debt they are immune from CCA.
Yeah right, muppets !!

What was this agreement for ?
Have THEY put any charges on it, or are they all from GE ??

The charges were put on by GE Capital, the agreement was for a loan for furniture.

[Curlyben]

Re: Help Needed With Bryan Carter &amp; Co

DFS per chance ?

Can you scan/photo it for us ?

I must say there IS a good chance that this is kosher and as such we need to approach GE for the charges and get the debt returned.

[silverdel]

Re: Help Needed With Bryan Carter &amp; Co

Update.
Had letter from Finnacial Services Ombudsman who are now investigating my complaint against LINK for harrassment and undue pressure by constant telephone calls, you may remeber that LINK cannot produce any credit agreement for the alleged debt.
Also their clients MBNA have ignored the SAR request made to theselves on the 17/10/08, a similar request was sent to CARTERS on the same date, they also have ignored the request.

[Curlyben]

Re: Help Needed With Bryan Carter &amp; Co

That's good news.
So we're starting to get some where.

[silverdel]

Re: Help Needed With Bryan Carter &amp; Co

Two letters today, first from CSA who are now investigating my complaint against LINK.
The other letter was from MBNA and is as follows.
Further to my letter dated 06/11/08 requesting identification for your Subject Access Request as we have not received a suitable reply to our request we return your £10 payment.
If you require a full SAR in future supply the £10 fee and appropiate identification.

Yours etc.

What is my next course of action, as MBNA have sat on this genuine SAR since October last year, a similar request to CARTERS who act on behalf of MBNA is also being ignored, and of course LINK act for MBNA and as earlier in the thread LINK admit they can not produce a regulated Credit Agreement for the alleged MBNA debt.
As always any assistance would be appreciated.

[Curlyben]

Re: Help Needed With Bryan Carter &amp; Co

OK so they want to play silly beggers.

So I'd resend your full SAR request, but this time handsign it over a printed line such as *----------#----------*.
You could even sign on a grey box.
You can draw this in word and simply fill it in with light grey hashes "#".

That'll be problematic should they decided to be creative

As for your GE agreement, thanks for sending it over.
It is compliant and as such you need to SAR the OC for the charges and send a dispute notice to the DCA.

[silverdel]

Re: Help Needed With Bryan Carter &amp; Co

Hi, Had another letter from WESCOTS again telling be to contact the original lender as they do not hold a copy of the credit agreement as they act as collection agents for the lender.
Any advice to what letter to send now?, considereing I have already disputed their legality in pursuing the debt(see earlier post)

[Curlyben]

Re: Help Needed With Bryan Carter &amp; Co

Well that's it really.
They have freely admitted that they are in breach of CCA and as such cannot collect on this debt.

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.

Job done.
Anything else they have to say file under ignore.

IF they make serious threats of court action, then we'll respond...