Help Needed With Bryan Carter & Co

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Just to make things clear.
In reality you have a couple of choices.
Due to the overall level of debt Bankruptcy is a viable option
OR
Fight the buggers

The ultimate choice is yours, but I know which I choose.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Bankruptcy is not an option, that is defeat, I will fight on.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

In that case, Let Battle Commence

Now I hope you have a printer, scanner, paper and lots of coffee to hand as you're going to need it.
That and a large pair

[silverdel]

Re: Help Needed With Bryan Carter & Co

I have all of what you ask and the patience too go through with this to the end, thanks Curlyben

[Sapphire]

Re: Help Needed With Bryan Carter & Co

Wahhhhhaaaay we have another brave soul, (((((((((((((((Hugs)))))))))))))))) for success.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Thanks Sapphire, I wish I had known of this site earlier, perhaps the phone calls would have ceased by now,

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Silverdel, I think I should let you know that I have personally binned 25 DCA as well as 3 "Solicitors-For-Hire", as well as helping several hundred people do the same.

What we are aiming for here is getting the DCA out of the picture and having them return the accounts to the OC for actioning.

Normally this means the account becomes completely unenforceable and negates the debt.
Now this doesn't void it as there is still a debt, but they CANNOT take any action through the court system.

So time to let the fun start.

To ALL of the DCA's that HAVEN'T taken legal action, so NOT Mr C and Hillsdens, a FULL CCA from my thread. Instructions are there.

This is in NO WAY debt avoidance, but ensuring that statute law is adhered to.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Curlyben, I have copied the letter as posted in your thread and will today send off this to ALL of the DCA's however what will become of the other three?
Silverdel

[Curlyben]

Re: Help Needed With Bryan Carter & Co

The ones that already have judgements against you need to be dealt with differently.

If you could post details of the judgement payments, dates, etc that would be great.

To be honest as long as you comply with the payments there is NOWT they can do.
What we'll do in these cases is go for ALL of the charges and have them off set against the judgements.

There is a school of thought that charges on accounts would be enough to have CO/CCJ's set aside, but unless this is done quickly there isn't really much of a hope. So in these cases we'll go for the next best thing, reduction of the overall debt.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Ok, Cohen, acting on behalf of CL Finance 919.52, 125.00pcm 19/07/2007
This the only other one that has a judgement apart from the main thtree above all others are DCA

[Curlyben]

Re: Help Needed With Bryan Carter & Co

OK you need to get yourself organised.
Fire up excel and detail everything on seperate sheets.

[WendyB]

Re: Help Needed With Bryan Carter & Co

As far as charges the credit card debts and loans etc ALL have costs and charges for letters and missed payments, unfortunately I do not have any origoanl documents from the initial creditors,
------------------------------- merged -------------------------------
Curlyben, Just read the thread and now feel that I am not all on my own with these sharks

Hi Silverdel

you certainly are not alone. I have recently "binned" the lovely Bryan Carter, with help from Curly and Ame.

With regard to the credit card charges, although you don't have original documents, there's nothing to stop you getting them. you need to send a S.A.R. to each company involved. As finances are tight, and SAR's cost £10 each, I would suggest that you do one at a time, try starting with the one that's got the most charges on. This will get you your info, statements, details of charges etc, then we can do start reclaiming your charges back. Credit card charges are not affected by the OFT case so will not be stayed by the courts. Probably best if and when you do start this, to put each on a sepatarte thread so as not to confuse them with each other and get the best advice for each one.

If this conflicts in any way with the advice Curly will be giving you, then take his word for it cos he knows more than I do!!

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Wendy, actually that was what I was going to suggest for the CO ones, so all good.

I would be inclined to do the Mr C ones first as he's the one causing problems.
Then when he demands higher payments we can happily inform him that the values are in dispute with the OC.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Just back tracking slightly here and commenting on Mr C's statements about adding interest and selling your home.
As ever this is complete Bovine Excrement, just what we have come to expect from Mr C.

If a creditor has taken the debt to the county court, they may be able to add extra interest once a charging order is made. Interest cannot be added if:

• the debt is for an agreement regulated by the Consumer Credit Act. This includes most ordinary credit agreements, including bank overdrafts.

Also

It is rare for the court to allow a creditor who has a final charging order to sell your home. Most creditors are prepared to wait for you to sell your home at some point in the future and to be paid out of the proceeds of the sale. If a creditor is not prepared to wait, then they can apply to the court for a hearing for an order for sale. It is up to the court to decide whether to make an order for sale or not.

So without a further hearing there is NO way this will happen.


Have a read through this for starters: Debt Factsheets - Charging orders in the county court

Here is the statute Law concerning CO's : Charging Orders Act 1979 (c. 53) - Statute Law Database

[silverdel]

Re: Help Needed With Bryan Carter & Co

Thanks Curlyben and Wendy B, I am in the process of listing the debts as required by Curlyben, once completed will post on here also.