Help Needed With Bryan Carter & Co

[WendyB]

Re: Help Needed With Bryan Carter & Co

Looks like 2-0 to you then Silverdel. Make sure you keep all the paperwork filed etc so as not to get it mixed up and confused. And deal with each one, one thing at a time.

Have been away for the weekend but knew you'd be in safe hands with CB, in fact I'm redundant really:tinysmile_grin_t:

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Only for now Wendy

Basically we get the DCA's under control then we'll make serious head way on the CO's and unlawful charges applied.

[silverdel]

Re: Help Needed With Bryan Carter & Co

CB we had a telephone call today from Red Castle concerning a Debt to great universal, who have already replied to our previous letter in which they say that they can not locate the origonal agreement, the DCA say that they will continue to telephone us intil the debt is paid.
are they acting correctly, and if not what do I need to do next?
By the way the atitude of Red Castle was appalling.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

As ever the DCA are talking total Bovine Excrement. As you have already requested communications to be in writing they MUST adhere to that.
As GUS have already said there is no agreement might be worth sending Red Castle a letter along with a copy to that effect.

Try this:

Account In Dispute
Letter Before Action

Dear Sir/Madam,
I refer to recent correspondence with your GUS concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.
As GUS have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. This time limit expired on XXXXXXXX.

As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and


Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

If Red Castle chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

It is also my belief that your continued pursuance of this matter also constitutes an
offence under Section 40 of the Administration of Justice Act 1970.

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.
I also require a copy of your internal complaints procedure as further action may be necessary.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours Faithfully

That should make them take notice

[silverdel]

Re: Help Needed With Bryan Carter & Co

Thanks CB will get on to it now.

[silverdel]

Re: Help Needed With Bryan Carter & Co

CB, today receive a letter from DCA Link Fianacial who act on behalf of MBNA, but I do remember them saying that they had purchased the debt, but not to sure.
Anyway they have issued a DEFAULT NOTICE under section 87(1)of the CCA.
" we link financial give you notice of default acting on our own behalf as assignee of the benefit of the above agreement and debt and on behlf of MBNA to the extent that they are still a creditor.
You hwve breached clauses 1b and 8 of the agreements which require you to make payments at the stated times in order to remedy this breach you must pay £1069.52 by 10/10/2008."

What does this mean? I sent them A DCA letter last week as I was asked, advice to next course of action please.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

SD, honestly it is completely meaningless, especially as they are clearly ignoring your CCA request.
In all honesty your credit file is shot anyway, so what's another default

Plus MBNA would of already defaulted you before they passed it to Link.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Cb, Do I just ignore this, apart from filing it, and wait for the 12 days to expire?

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Yep file it under Tripe

[silverdel]

Re: Help Needed With Bryan Carter & Co

Thanks CB, Will do !!

[silverdel]

Re: Help Needed With Bryan Carter & Co

received letter from Cabot who act on behalf of Halifax(Current Acc) stating that the original lender is having difficukty in locating the information from their archives, and as a gesture of goodwill will put my account on hold.
Now aint that nice of them!!!?????

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Blimey Cabot acting reasonably, that must be a first.
All good anyway.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Thanks CB, I take it Cabot dont do reasonable then,!

[silverdel]

Re: Help Needed With Bryan Carter & Co

Hi Recent letter received today. From Link Financial on behalf of MBNA

You have requested documents under Sectio 77/78
As you are aware Link purchased the debt from MBNA on 20/10/06 and as such we do not hold copies of the origonal agreements. We haVE REQUESTED THE DOCUMENTATION HOWEVER THIS MAY TAKE 30DAYS TO PROVIDE.
In order to progress what staements you requie please contact us,

No admin charge has been applied to you account , however where costs to link are incurred we will pass these charges on to you

Your account has been put on hold for the next 14 days.

What action do I take now?
Regarding All the other DCA companys its now well over 12 days and i have received no paperwork from any of them

[Curlyben]

Re: Help Needed With Bryan Carter & Co

*Cough*

Idiots

Your account is on hold until they comply with your legal request and not when they choose to continue demanding payment.

Time to WAIT and see what hits your mat next.

So overall ALL of your DCA's have failed to comply within the legal deadlines.

Such a shame.