Help Needed With Bryan Carter & Co

[Tools]

Re: Help Needed With Bryan Carter & Co

You may also wish to write a simple letter giving you authority from your wife for the data to be released to you, signed of course by your wife. It doesnt have to be anything complicated eg

I hereby give my written authority for any data held by your company relating to me to be released to my husband Mr Silverdel. I also wish to give my written consent for any future enquiries from Mr Silverdel to be taken as on my behalf.

Yours


Mrs Silverdel

[WendyB]

Re: Help Needed With Bryan Carter & Co

Wendy just to put the picture HBOS have tried to use the data prevention act to stop me getting the info as the debt from our joint account is now being pursued by CABOT in my wifes name, sent a letter back and told them not to act in such achildish manner as its obvious a joint account means we are both liable for the debt!

Well done you:tinysmile_grin_t: Cabot are notorious gits and will try anything. Never had anything to do with them myself but maybe I'm just one of the lucky ones! This is also where SARs come in, if you SAR HBOS then they'll have to give you the info anyway. They are just being pathetic. And definiteley send a letter as advised by Tools above. I did this with the lovely Bryan as that was in OH's name, and now Bryan talk to me instead of chasing OH all the time. Which was a good job tbh cos OH didn't know about it in the first place (need to know basis I thought:tinysmile_grin_t

Keep up the good work - you're doing a great job!

[Birdie]

Re: Help Needed With Bryan Carter & Co

Hi Silverdel

I had BT change my tel number - we're now ex directory........ it is wonderful not receiving the blooming telephone calls all the time, I fully recommend it!

Birdie

[silverdel]

Re: Help Needed With Bryan Carter & Co

Thanks for info Birdie, will contact BT and ISP provider

[silverdel]

Re: Help Needed With Bryan Carter & Co

UPDATE: Wescot sent a letter of appology, returned the cheque suggesting that I contact HBOS direct, also chegue returned from Red Castle they are unable to supply the agreement and have returned the debt back to GUS their client.
Other than that no other action this week, considering all the letters to the DCA's were sent out on 18/9/08, well past the 12 day deadline!

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Nice one.
Just wait for the relevant OC's to contact you now.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Letter received from LINK who are the purchasers of a MBNA debt, I have prerviously asked for a copy of my agreement, which they admit they can not produce, I have added this account to the SAR sent to MBNA, however what LINK are now saying "the failure of a cereditor to produce a copy of the signed agreement is not on its own evidence the debt does not exist or that it is not enforcable and the payments you have made towards your account and offer letters are proof of an agreement exists"
They then go on asking me to contact them to avoid further recovery action.

What is my next course of action?
Are they correct in their actions?

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Well as ever Link are talking Bovine Excrement.

Part of what they say is indeed true:

the failure of a cereditor to produce a copy of the signed agreement is not on its own evidence the debt does not exist

But this part smells:

that it is not enforcable and the payments you have made towards your account and offer letters are proof of an agreement exists

OK time for another letter for them to remind them of their legal obligations.

Account In Dispute
Letter Before Action

Dear Sir/Madam,
I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference. (Enlcose copy of your CCA here)
As **DCA** 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 limits 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;

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 **DCA** 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 do the trick

[silverdel]

Re: Help Needed With Bryan Carter & Co

CB, I have already written and posted this letter to LINK some 10 days ago, so the letter I received today is in reply to the above letter, I have also made a complaint to LINK via their internal complaints procedure, does this mean that LINK are disputing my claim? Is there any thing else I can do?

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Time to call Trading Standards on this one then as they are clearly chasing an unsubstantiated debt.

[silverdel]

Re: Help Needed With Bryan Carter & Co

I have cheched the library and can not locate a template letter for the next step, to involve the Trading Standards any advice would be welcomed.
Thanks!

[silverdel]

Re: Help Needed With Bryan Carter & Co

HELP!!!!
Bryan Carter are now threatening to take possesion of my home, this is despite me sending a SAR letter to them and another to MBNA over a week ago, can they do this?
They say I have one last chance or they start proceedings!!

[Amethyst]

Re: Help Needed With Bryan Carter & Co

Can you scan or type up the letter they have sent you please.

[silverdel]

Re: Help Needed With Bryan Carter & Co

LETTER AS FOLLOWS

As you know we have a Final Charging Order over your property.
You have failed to repay the debt and we now intend to take possesion proceedings against yoy. This means that we will apply to the court for an order that your property be sold and the debt due to our client paid.
Before we do so you have one last chance to clear the debt.
Contact us within 10 days.

I have sent a SAR request to Carters and MBNA enclosing the £10 fee 10 days ago.
SD

[Amethyst]

Re: Help Needed With Bryan Carter & Co

Thanks need to read back through your thread about the charging order...if they do apply for a sale order you can defend it...will need to know your circumstances first. will also bump curly over see what the exact situ is with the debt and bryan carter as the threads a bit confusing.

It could be an empty threat but best to be prepared incase he does actually try it.