Help Needed With Bryan Carter & Co

[silverdel]

Re: Help Needed With Bryan Carter & Co

Today I received the SAR documents relating to my bank account, there does not appear to be a credit agreement, but there are stacks of statements atc, do I now go through these and total the charges prior to issuing a claim, and IQOR must have been informed by HBOS that the documentation had been sent out to me as IQOR have started telephoning me today (they act as DCA for HBOS), are they allowed to start the phone campaign, as the account is in dispute still?
If anyone can give me some pointers please.
Thanks for the help.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Wendy will help withthe charges, as for Igor, throw this at them:

ACCOUNT IN DISPUTE

I refer to your recent letter and telephone calls.

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK NAME**, and has yet to be resolved.
Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and complain to the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

------------------------------- merged -------------------------------
Also as for Mr C's Threats, I have been reading on something that may prove useful, IF he takes any action:
National Debtline England Wales | Debt Advice | Factsheet 06 Time Orders

[silverdel]

Re: Help Needed With Bryan Carter & Co

CB, Thanks letter in post and sent message to WB,
SD

[silverdel]

Re: Help Needed With Bryan Carter & Co

Hi you may be able to help 'lil ol me, I have had the documents from HBOS requested under SAR, no credit agreement, however lots of statements, do I add the charges from each statement and then file a claim, or is that not the way?
What letter do I write to HBOS?, how do I word it?
Any help I would be extremely grateful of.
SD

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Del, I'll give Windy a nudge on this one for you.
Bear in mind that bank account are covered in a slightly different way when it comes to CCA.
The whole compliant agreement side is out of the window.

[WendyB]

Re: Help Needed With Bryan Carter & Co

Del, I'll give Windy a nudge on this one for you.
.

Oi, you keep yer nudges to yerself thanks!

I have pm'd you Silverdel, however my second pm hasn't gone through cos I think the site is having a tizz, so I've reproduced it below.

Here's the link for the spreadsheet
http://www.legalbeagles.info/forums/...ead.php?t=4776

Just remember that you can't actually claim the 8% s.69 till N1 stage, so "hide" this column when you print it of to send with Prelim and LBA

any queries give me a shout.

[silverdel]

Re: Help Needed With Bryan Carter & Co

CB, Had aletter today from Link in connection with Mbna, they state "that even if an agreement is not available does not mean that the account is unenforceable, the payments I have made and offer letters are proof an agreement exisists as I have acknowledged this debt.
They also state that under the DPA 1998 MBNA assigned the account to LINK the responcibility to manage the information placed with the credit Agencies was also passed to LINK, and therefore dop not consider the account to be in dispute", and of course are now demanding payments to start.
I have already sent to MBNA a SAR request for this account and the other accounts for which MR C acts for, so CB I would welcome your input.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

*cough*
More Bovine Excrement from Link.
Why do I even expect anything less from these "nice people"..

Remember No CCA = Unenforceable debt and where they think assignment is done under DPA I have no idea !!!!!

I assume that thus Link debt hasn't been to court ?!
If so they can whistle until they comply of course, and it appears there is more chance of the Pope being the next person on Mars !!!

[silverdel]

Re: Help Needed With Bryan Carter & Co

Further to the above the quote from there letter to me, this is their final response to my complaint regarding the telephone calls I receive, so as they have suggested, I have made an official complaint to the FINANCIAL OBUDSMAN and CREDIT SERVICE AUTHORITY.
Further,I have have as yet not heard from MBNA or CARTERS both of whom where SAR over 1 month ago, I already know that LINK cannot produce the original agreement, this they admitted, no doubt LINK will eventualy pass this account to CARTERS, as i believe they act for ARROW GLOBAL who are part of the LINK GROUP, but as you suggest with out the agreement they do appear to be screwed.
Perhaps you can tell me what my next reply, if any, should be to LINK or should I await the outcome of my formal complaints to the above authority's.
For people following this thread, LINK, ARROW GLOBAL, CARTER & CO ALL act on behalf of MBNA EUROPE BANK.

Thanks

SD

[Curlyben]

Re: Help Needed With Bryan Carter & Co

SD, I think a call to Trading Standards would also be in order as they are the enforcing authority of CCA.
LINK are clearly misrepresenting their lawful rights and leading you a merry dance to boot.

They pursuit of this alleged debt in this manner is contrary to alot of the OFT guidelines, so it might even be worth flagging it to them as well give Consumer Direct a shout and they should pass your complaint to TS for action.

Don't worry if they pass this to anyone else as they have shot themselves in the foot by admitting there is ZERO agreement.

As for your SAR's, don't forget they do have 40 days to comply.
Once they pass this a reminder letter would be good with a further 14 days for compliance.
Once they miss this then it's time for the ICO.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Ok CB, Will contact the relevent departments tomorrow, and will also check the exact date to see if CARTERS and MBNA are complying

Thanks Curlyben,

[silverdel]

Re: Help Needed With Bryan Carter & Co

Today received letter from WESCOT who are DCA for RBS,"I refer to our letter dated 30/10/08 in which we provided contact details for our client to allow you to make a request for the original credit agreement.
Our client confirms that no contact has been made, we presume that you no longer wish this information.
In view of this we have placed your account on hold for a further 14 days for you to provide your proposal for repayment, should we not hear from you then we will revert to normal collection activity"
Surely as the DCA they are supposed to have the original agreement and until they can prove that is in place are they legaly alowed to do what they propose.
I have not sent a SAR request to RBS as i was waiting for WESCOT to provide the data they held, after all I paid £1 for them to do so
What is my response to this?
Help in this would be appreciated,
A strong worded letter perhaps?
SD

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Oh dear what complete idiots.

You are correct in your assumption that the DCA must comply and it is THEIR duty to approach the OC, not yours.

So time for a letter:

Account In Dispute

Dear Sir/Madam,

Re: my request under s78 of the Consumer Credit Act 1974.

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. Your contention that I should contact **BANK** is incorrect and, I believe, purposfully misleading.
I draw your attention to section 175 of the Consumer Credit Act, where it states:

"s175. Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith."

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE**.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

Should do the trick.

Now I know this mentions the 30 day limit, but I feel leaving it in in this case would serve a point

[silverdel]

Re: Help Needed With Bryan Carter & Co

Fab CB!! Letter off in post
Thankyou Curly!
Star Quality!

[hellhasnofury]

Re: Help Needed With Bryan Carter & Co

Great thread, very helpful for myself and others.

Just joined the cabot fan club last week, and ignored them, so waiting for the calls and threats to come. Paper and pencil at the ready, to log my harassment calls:santa_wink:

Curleyben as always a live saver and saint:candycane: