Help Needed With Bryan Carter & Co

[silverdel]

Re: Help Needed With Bryan Carter & Co

Hi today received another letter from WESCOT's who are now advising me that " as far as they are concerned I have no reason not to pay the debt owed to their client and as a matter of consequence the debt has now passed to DOOR COLLECTION AGENTS IN MY AREA" so please LB's what do I do now, because of my wifes health, and the fact I am at work from 8 to 6 I am fearful of the outcome of the visits of WESCOT'S
Any guidance would be greatfully received.
SD

[Curlyben]

Re: Help Needed With Bryan Carter & Co

File it, as Wescot are full of Bovine !!!

They wont be sending a doorstepper at all and even if they do the Pizza Dude has more legal right to come to your door then they do anyway.

If it puts your mind at ease, throw this at them..

Account In Dispute

Dear Sir/Madam


Thank you for your letter of xx/xx/2007, informing me that I have not responded to your previous correspondence.

To date however, your company remains in breach of my legal request for a Consumer Credit Agreement (Consumer Credit Act 1974); received by yourselves on xx/xx/. In fact, the only correspondence that I have received in response to this request have been some additional demands for payment from **DCA**, whilst in default of this request. Until such times as you are able to comply with my request however, no payments will be forthcoming to anyone.

With reference to your comments about someone visiting me at my home to collect payments, please be advised that I will only communicate with you in writing. Should it be your intention to arrange a “doorstep call” anyway, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

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 trust this clarifies your position and mine.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

[silverdel]

Re: Help Needed With Bryan Carter & Co

Thanks CB for the advice and of course the excellent letter that as i type will be winging its way to WESCOT'S.
Thanks again CB.
Great to know you are on my side
SD

[Curlyben]

Re: Help Needed With Bryan Carter & Co

You know it HATE bullies, especially ones that flout the law in cases like this.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Hi Team!!, Just to update, Wescots have thrown in the towel and handed back the account to HSBC , another DCA can't "kick it " with LB TEAM!!!
Thanks to all concerned,special thanks to CURLYBEN!!!!!

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Excellent news there SD.
So just our friends Bryan left to deal with, or are there any other loose ends that need attention ??

[silverdel]

Re: Help Needed With Bryan Carter & Co

Still waiting for reply's sent out in the form of SAR's, original crdit agreements, these requests go back to Ocober 08, I think the time line is being extended in their favour, as for Carters they just ignore all efforts to gain the info requested via a DSAR supose 'cos they have the added weight of the threat of taking my home unless i pay the monthly payments on time.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

In that case time to report them to the ICO and get them to help you with their compliance

[WendyB]

Re: Help Needed With Bryan Carter & Co

Good news then Silverdell.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Ok Ben and Thanx Wendy, i realy can't thank you guys enough,
Ignorance? ICO?????
PS: If anybody needs help in dealing with the Child Support Agency, let me know, I am now working for them as Admin Officer

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Sorry mate.
ICO = Information Commissioners Office
Information Commissioner's Office - ICO

Complaints about data protection policy - ICO

[silverdel]

Re: Help Needed With Bryan Carter & Co

Thanks curlyben, i'll do the letter ove rthe weekend.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Hi Had a reply from Carters today stating that
"As you are aware you defauled on the account(dca arrow global,acting on behalf of MBNA) and we issued proceedings and obtained judgment against you.(this they did in 2007 and i have maintained payments in all that time) We are entitled to enforce the Judgement and we not obliged to comply with your request under the CCA.
We remind you that failure to maintain payments enforcement action will follow without further notice"
A)
Considering that i sent a DSAR request to them in October 2008, and also a DSAR request to MBNA at the same time, both of the organisations have ignored my request, mbna returned the cheque asking me to supply my passport or driving licence to prove my signature before they acted on the request, my question is are they acting within the law? if not what is my response?
B)
Also I sent off to RED DEBT COLLECTION SERVICES who are acting on behalf of Lowery Portfolio who informed me that they have puchased aO2 debt of £206.00 this apparently is a debt acrued in 2006, i do not recognise the mobile number quoted, so i sent off my £1 cheque, only for it to be returned by RED saying that this type of debt is not cvovered by the CCA, so help in this matter would also be appreciated.
[half of MBNA

[Curlyben]

Re: Help Needed With Bryan Carter & Co

SD, good to hear from you.

Hmmm.
Well MBNA and Mr C are acting like planks, IMHO.
In that case I think it's time for TS and the ICO as they are refusing to comply with your legal request.

As for RED, send em a simple Prove It as this debt isn't covered by CCA at all.
There's one on my CCA sticky.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Thanks BEN, Your sticky is your page? i hope!
As for not hearing from me well mate things sort of plodding along, FSA are investigationg my complaint against LINK FINANCIAL SERVICES, their trade organisation CSA did nothing about there conduct, expected that though!, Hillsden Secuities send me a letter every 21 days stating that BLACK HORSE are still looking for the Credit Agreement! all the others are quiet,even CABOT who are still trying to find documentation,lol,
JUst the above two giving me on going hassle!
I am in court on !/4/09 in case against BIFFA who deposited glass onto my car, then deny liability 'cos no independent witnesses, so with your help and that of this site i am managing to overcome my fears of DCA's and the like!
Oh and of course my job is pretty demanding and as i'm in front of pc all day I tend not to go near my home pc as much.
Thanks BEN, youre a real star in helping me sort out my life, THANKYOU!!!!!