Help Needed With Bryan Carter & Co

[silverdel]

Re: Help Needed With Bryan Carter & Co

I take it that is sent to the DCA with so much warmth!, so its sit and wait CB

[silverdel]

Re: Help Needed With Bryan Carter & Co

CB, Had a letter from Hillesden acting for BlackHorse.
"We are still waiting a copy of the requested documentation, if we are unable to forward the original agreement we will supply a true copy of the document which will comply with section 77 - 79 of the CCA"
They then state that they will update me in the next 21 days of any developements.

Is this a usual reply?
Any help on this please

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Yep more Bovine Excrement I'm afraid.

File under ignore for now, just update your sheets with this activity.
Until they comply there's nowt they can do.

[WendyB]

Re: Help Needed With Bryan Carter & Co

Right then Silverdel, as CB has pretty much sorted the DCAs for now, time to move to Phase 2. Let's make a start on reclaiming charges on any judgemented debts. You need to send SAR (Subject Access Request) which will get you details of everything they hold on you. As these cost t£10 for each SAR you send, if money is tight, I would suggest doing one at a time.

Post up the ones you have, and we can probably advise which one's are the quickest to come up with the info. When you've got the relevant info then it's time for Prelim requests for refunds, but don't bother about that now, we'll cross that bridge when we come to it. And it's not a very big bridge, so don't worry about that:tinysmile_grin_t:

I can't remember if there's any credit card ones - if so these would probably be best to do first, as they tend to be easier to get money back from.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Wendy B The credit card debts are,

RBS TESCO, MBNA, HalifaxCC, Mint, and of couese the delightful Bryan Carter on behalf of MBNA, anymore info do ask.
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CB, Letters today from Cabot, original lender still unable to locate agreement, so account will remain on hold.
Hillesden sent me a copy of a "batch debt purchase" agreement, no details of my account though?
Link sent a copy of complaints procedures, and another unable to locate agreement letter.
As it is now over 24 days since the requests for information was asked for it does seem that the 12 day rule gets ignored.
Any further action or sit and wait, Wendy B has asked for the CC debts to be listed, this i've done.

[WendyB]

Re: Help Needed With Bryan Carter & Co

Okay then Silverdel, send SARs to all the credit card ones. When you get the info back, put the charges on a spreadsheet for each one. I'll do a bit of research as to which ones are likely to roll over easiest and we'll hit them in that order. Can you list how much on each one, and how much you think may be likely in charges? A rough idea will do for now.

If anyone has experience of any of the above CCs can you let me know please, I personally haven't dealt with any of those. Although I believe MBNA are possibly the worst. If RBS are anything like Natwest, they may be quite easy.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Just to add, start with the ones that AREN'T with DCA's as the DCA ones are already tied up with your earlier CCA request anyway

We do need all the information possible for the judgemented debts so we can start a fight back on those ones as well.

SAR's will be needed to the original creditors as well as who ever is currently collecting on the CO/CCJ. Would be an idea to make sure that all of the paperwork for these from the courts is available as the exact wording of the judgements as well as POC will prove useful.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Hi Wendy, Bryan Carter has two belonging to MBNA £6409, £6051, both had limits of £5000
Halifax £4260, limit £3000, Tesco £5357 limit was £4000, Mint £5450 limit was £5000.

Obviously Mr Carter has an order on my home for his client times 2

[WendyB]

Re: Help Needed With Bryan Carter & Co

So, basically, SAR everyone, including the lovely Bryan.

When it comes to reclaiming, as Curly says, start with the ones which aren't with DCAs

looks like they'll all have a fair whack of charges on them. There was a Mint thread on here ages ago, I'll have a rummage and see what happened. Pity i can't get OTR at the mo, and get a bit of background on Tesco and Halifax, to see how the land may lie.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Dead right there Windy.
The DCA accounts are tied up with the CCA's, so nowt to worry about there, so it's all the others.

[WendyB]

Re: Help Needed With Bryan Carter & Co

Tesco and Mint are both RBS I think. If so, and its RBS not BOS, then they might be fairly straightforward, thats if RBS are anything like Natwest, who were dead easy, if you get my drift. If its bank of Scotland, then I have no idea how they'll play it. Anyway, whoever it is, we'll just start at the beginning and see where it takes us....I do so love the thrill of the chase lol
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Just found this posted by Pinknico

Mint Credit Card Charges - Legal Beagles

Now that's what I call encouraging. I can feel a SAR to Mint coming on first Silverdel

[silverdel]

Re: Help Needed With Bryan Carter & Co

Thanks wenndy I will get on the case, still a little vague as to why we SAR MBNA and the solicitors Carters, but will heed to your advice. Thanks D
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CB, Had two letters this AM, Red Castle, who act for GUS, sent statements, but no agreement, and have telephoned the home twice today!!.

Link who act for MBNA have sent statements, gives a great account of added charges but not of any payments! and of course no agreement either,they quote" The failure of a creditor to produce a copy of the signed agreement is not, on its own, evidence that the debt does not exist or that it is not enforceable"
Is this normal "bovine excrement" or do I take note and contact them.
By the way Red Castle have already been sent a "non harassment letter", which they take no notice of.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

The reason for sending SAR to both Mr C and MBNA is get get ALL the information they hold on you.
MBNA for the charges, etc and Mr C for all of the legal paperwork they have and anything else that has been going on. I bet Mr C has added a bunch of charges as well.

Red Castle, well answer the phone to them and state that you will NOT discuss financial matters on the phone and you require everything in writing for the avoidance of doubt. Stay calm and ignore anything they have to say.
DON'T offer any form of payment or get into a slanging match with them.

You could try asking BT to change your number due to harassment
This is normally a free service.

What Link say is partly true. Lack of an agreement doesn't void or show it didn't exist, but without it they CANNOT take any enforcement action.
Until these "people" comply with your legal request you have nowt to say to them.
Obviously if they start threatening court action then we'll respond, but until then note the letters and file them.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Ok CB, Will do the SAr's today and get them in the post, at least the Link statement that they sent shows that over £180 has been added as charges.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Oh dear Link are idiots

So SAR's to be sent for the judgemented debts and none DCA debts.
Anything that is with a DCA is on hold until they comply with your CCA request.