Help Needed With Bryan Carter & Co

[Curlyben]

Re: Help Needed With Bryan Carter & Co

The application should say what it's for.

[Amethyst]

Re: Help Needed With Bryan Carter & Co

Hiya

I havent followed your thread all the way through but have the jist from the last few posts. Basically Volvo sold your debt to link who took over the finance and ownership of the car, said you could sell it to pay them, you sold it and didnt pay them (preferring to keep your house wisely) and now they are claiming back the money.

The notice you have received from the court - can you type up the exact wording on the hearing notice pls just so we know exactly what we are looking at. Have you had anything previously from court or link regarding this?

Ta

Ame
x

[silverdel]

Re: Help Needed With Bryan Carter & Co

Yet again I need some help and guidance, today received a latter from Bryan Carter & Co, who act on behalf of CL Finance ,who are DCA's for MBNA I have sent DSR'S to Carter's and MBNA Carters state"that because they obtained judgementafter I defaulted on payments they did not have to comply with the request made under the CCA,but they cashed the £10 cheque, MBNA like wise refused to honour the DSR request asking for prrof of my signature by official documentation ie driving licence etc,
Todays letter from Carters state I must pay off both of the accounts that they act for(£12000 aprox) or the are going to court to have my home sold.
I pay £20pcm to both accounts but it seems Carters just want my home sold.
Any help or guidance would be appreciated, by the way only have 14 days

[WendyB]

Re: Help Needed With Bryan Carter & Co

Bryan carter and co are toads, as you already know. is there a charging order on your home already? exactly how are they planning to make you sell your home? Is this a credit card debt? And why they think they don't have to comply with your SAR is beyond me.

[silverdel]

Re: Help Needed With Bryan Carter & Co

They have two charging orders on my home, both of which were original MBNA credit card debts.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Isn't this the second time that they have said this ?!?!

I'm sure we sent them a snotty letter back and they crawled away to lick themselves..

I'd be inclined to do the same again and also inform them that you have taken this up with the ICO over their non-compliance with DPA, etc.

So this is the same threats they made back in Nov 08 on post #134 ?

Go back to #154 for our response to that

Hopefully you have a copy on your computer, in which case I'd be inclined to send them something along these lines.

Dear Mr Crettin,

Thank you for your letter of BLLAH the contents of which are noted.
I refer you to my letter of NOV 2008, a copy of which I include for your purusal and ease of reference.

You're continual actions in frustrating my legal rights in relation to my lawful requests under the Data Protection Act 1998 and Consumer Credit Act 1974 are disheartening to say the least.

I have therefore taken this matter up with the information Commissioners Office, the Law Society and the Office of Fair Trading with regards to your conduct in this matter.
I trust that litigation will not be required, but further baseless threats of this nature are causing my family and I considerable pressure.
If you continue with this harassment I will instigate action under the Protection from Harassment Act with reference to Ferguson v. British Gas (2009).

I hope that this will not be required as you will act lawfully in this issue.

Some ending or other, you know the normal 14 days to comply cobblers

Ps hows everything else going ??

[Amethyst]

Re: Help Needed With Bryan Carter & Co

Silverdel, the original MBNA Judgments - did they include provision for installments at this £20 a month ?

[Amethyst]

Re: Help Needed With Bryan Carter & Co

Oh link to previous post curls mentions - Legal Beagles - View Single Post - Help Needed With Bryan Carter Co

[silverdel]

Re: Help Needed With Bryan Carter & Co

No the payments were set at £125.00 by Cl finance, however could not maintain that level, eventualy I defaulted, Carters took over, they applied to court got the judgement, court set the payment at £40.00 per case(£80.00pcm) again due to my ill health unable to maintain this, with the help of CAB got this reduced to £20 per case, which I have maintained.
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CB, Can they go to court as they claim and force the sale of my house?

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Honestly, yes, but that being said you have a extremely strong defence against this type of action.
It's highly unlikely that a judge would even consider that outcome in this case, especially in the current economic climate and with the government's stance of making people homeless due to debt.

[silverdel]

Re: Help Needed With Bryan Carter & Co

CB, Just read your post on LOWELLS and adapted that post and sent out a copy of that to LOWELLS regarding the alleged debt they have with me and O2
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It seems that every time I write a letter to Carter's it gets their backs up and now it looks as though I will be forced out of my home.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

Del, as I say that isn't the case at all.
Mr C makes more threats and blows a ton of hot air.
IF they do start proceedings we'll be there to assist, but without the lawfully requested information they are onto a loser here.
They have continually flaunted the law and need to be reported, as I mentioned in the letter.

Now stop being so defeatist and get them reported

To be honest annoying Mr C should be a hobby for you by now.
You KNOW they are full of brown smelly stuff and continually prove that fact.
Do you honestly think a court would look kindly on their activities in this ?!?!

[silverdel]

Re: Help Needed With Bryan Carter & Co

I know what you say is true, but their mind games do take an affect I'm not defeatist but the attitude and the tone of the letters worry the hell out of me.

[Curlyben]

Re: Help Needed With Bryan Carter & Co

That's why I've added the last line about Ferguson v. British Gas (2009).
Well worth having a look at this case as BG are being forced to pay Mrs Furguson £10k due to harassment..
They have sticks, we have BIGGGGGER sticks..
Also make ICO, OFT and LCS aware of your concerns.
A few well placed letters from these people will go a long way.

[silverdel]

Re: Help Needed With Bryan Carter & Co

Ok CB< I'll get back to the letter writing and I'll keep you up to date.