Help Needed With Bryan Carter & Co

[WendyB]

Re: Help Needed With Bryan Carter & Co

As CB mentioned above, send the Account in Dispute letter. This should make them crawl back under their stone. In the meantime, send the SAr to get the info to start reclaiming the charges.

[silverdel]

Re: Help Needed With Bryan Carter & Co

SAR ???, Sorry wendy you lost me!!

[WendyB]

Re: Help Needed With Bryan Carter & Co

Sorry, I was abbreviating. Subject Access Request to Halifax, requesting details of charges under the DPA etc. You have to send a cheque for £10 with it. Once you've got statements etc you can start reclaiming the charges. Unless you've already started this process? Once the account is formally in dispute DCA's etc should not be able to chase you as collection activity is not allowed once the account is in dispute. although most banks do tend to ignore this unless its pointed out to them.
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Just a thought CB, if Silverdel sends the "prove it you gits" letter to the DCA, would this be a quicker (and cheaper) way of him getting a breakdown of the charges from Halifax? Or am I having a blonde moment??

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Nice idea there Wendy, but they have already ident'd the debt.
Admittedly if they hasn't been a "formal" assignment from EOS to Cabot and the Cabot letter is out of the blue then it could be worth while to stall them with.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Wendy I have got copies of both of the above templates from the LB Library and will wait for either you or CB to point me in the direction nedded to go,
Thanks for the advice and help

[WendyB]

Re: Help Needed With Bryan Carter & Co

I've got a letter lurking around somewhere, I'll post the relevant bit up if MS Word will let me open it. Seem to be having problems with Word being naughty at the moment.
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Here it is, I've used it to good effect a few times

I am writing with regards to the recent Letter Before Action received on 13th August 2007.

I consider this debt to be in dispute as your office, despite a request from myself, has not provided me with any breakdown whatsoever as to how this debt is made up. May I respectfully remind you that as the purchasers of the aforementioned debt, that it is your responsibility to provide details of the debt, and as such it was quite inappropriate of the gentleman who contacted me by telephone to suggest that I myself should contact xxxxxxxxx and ask for details of the amount outstanding.

According to yourselves , the amount outstanding on the account is £xxx, which will remain in dispute until a breakdown of charges has been received from yourselves.

As this account is in dispute, I suggest that the case is passed back to its originator, in this case xxxxx. If you are unwilling or unable to do this, then please be advised that any further communications should be in writing, not by telephone. I DO NOT give you permission to contact me by telephone, and request that my telephone number is removed from your records immediately.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive. This includes: Ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute. I have included copies of the Guidance for your information, with the relevant items highlighted for ease of reference.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Curly Ben , i do not think I have had a letter of assignment, I made the arrangement to pay with EOS then 2 months ago my cheque of payment was returned, a couple of weeks later the debt had been re-assigned to my wife, and now cabot are chasing her for the joint debt.

[WendyB]

Re: Help Needed With Bryan Carter & Co

Fear not, Silverdell, Curly and i are working on a plan

[Curlyben]

Re: Help Needed With Bryan Carter & Co

A plan for this.
I'll advise on the DCA activity and Wendy can do the reclaims.
We'll both deal with the judgement claims, but the process is basically the same as any other charges.

Well as Cabot clearly haven't followed procedure then throw the What Debt letter at them.
Something simple like this works well:

Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully

And NEVER sign these DCA letter.
Get a nice Handwriting font and use that

Also I hope you have stopped any payment to EOS as they have clearly washed their hands of you.

[WendyB]

Re: Help Needed With Bryan Carter & Co

Sorry Curly, I was having a thick moment for a while. So you mean that with the "judgement" claims, we just go for the charges from the OC as usual, the fact that there's a charging order, judgement, whatever, makes no diff, we just reclaim anyway. I think that my comment to you earlier about not being up on them was me with my thick head on lol.

My plan with reclaim of charges would be to hit the credit cards first, as these are quicker and no stays.

Silverdell, can you list any debts to credit cards (I know you've done this once but humour me). Then I'll have a look and see which one to hit first. If you fancy doing more than one at a time let me know if you're up for it.

Might be worth making new threads so as not to get confused - we'll do that as and when we start each claim. Possibly to start with just one thread dealing with all the CC claims, then splitting as and when it becomes necessary.

Please bear in mind that I have to access this at work in the daytime and can't always get on if the boss is around.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

For the moment, Wendy, the only Non-judgement claim would be for the Halifax O/d.
It's with Cabot, but that doesn't really matter.

There is one other card which is still with the OC.
Other cards are currently with DCA's, so I'll deal with them.

Bear in mind there are a number of CO/CCJ's so going the hardship route really wont be a problem.
Anything to get the total amount reduced and possibly go for a redetermination of them.

[silverdel]

Re: Help Needed With Bryan Carter & Co

CB and Wendy b I have sent the DCA letters off today to all of the non judgement complete with the £ p/o , I have also written to Cabot explaining my wife,s health issues etc,what now??

[Curlyben]

Re: Help Needed With Bryan Carter & Co

So a whole bunch of CCA requests to the DCA's to make them prove there legal right to collect these debts and a dispute letter to Cabot.

I hope you didn't give Cabot to much personal information and have pushed them to prove their rights of collection.

Now update your excel sheet with dates and what you have done, as there time frames they need to adhere too.

[silverdel]

Re: Help Needed With Bryan Carter & Co

CB, Already done as you required and kept copys too, as instructed all letters also unsigned.
Thanks CB

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Excellent.

Now then they have 12 working days to respond.
Basically this will start from Monday, to allow time for delivery.
So responses are required by 8th Oct.

Feel free to ignore anything that isn't an agreement until then.
Any calls simply tell them your require EVERYTHING in writing