Help Needed With Bryan Carter & Co

[silverdel]

Re: Help Needed With Bryan Carter & Co

Morning!, Received letter from Financial Services Ombudsman, who state that my complaint against Link Financial,who bought a MBNA Credit Card debt, is not upheld, basicaly the FSA stae that despite Link not having been able to provide the original copy of my agreement with MBNA they still have legal right to pursue the debt asthe debt is obviously mine as the address that the debt and the address that LINK use to contact me is the same,and the fact that LINK have provided statements,from MBNA< in which the same address was used.
Any comments on this would be welcome and also any points in what I do next?
In view of this ruling by the FSA does this mean that the efforts of my previous attempts to get the debt reurned to the original creditor was in vain?

[Curlyben]

Re: Help Needed With Bryan Carter &amp; Co

Hmm smells to me.
Admittedly it's really TS and OFT that deal with CCA issues, so if Link continue to be "nice people" I'd throw this at OFT for action.
Legal Beagles

Until they comply with your lawful request for the agreement there is NOTHING they can legally do with it.. s78(6)

[silverdel]

Re: Help Needed With Bryan Carter &amp; Co

Thanks Ben,

[silverdel]

Re: Help Needed With Bryan Carter &amp; Co

Hi All, Things are still rolling along, DCA's not taking any notice as usual,lol! Some advice if possible guys!
Today received in total 7 letters from Firstplus and their Solicitors Eversheds, the 1st letter from Firstplus was a default notice givibg 14 days to repay £840.00 "owing " in arrears,I do not owe that by the way its actualy£420 as they have no added the last premium!, next letter informing me "will be passed to their legal dept"
The other letter's from Eversheds telling me of imoending repossesion procedings being taken without redress, unless payment made within 14 days.
I am not allowed to contact Firstplus must go through Eversheds.
I believe all the above actions are in retaliation as I have issued proceedings against Firstplus for their mis- selling of PPI insurance.
So thats the gist of where I am today would appreciate any advice,guidance points etc in how I reply to this "dross"

[Curlyben]

Re: Help Needed With Bryan Carter &amp; Co

Watchya Del, sounds about par for the course I'm afraid.

So all of these arrived today.
Nice of them to give you some time to comply before setting their dogs on you.

How much is the PPI claim worth as obviously this value must be removed from the default notice as it's over stated.

Now Eversheds threatening sale of your house.
Do they already have a CO on you ??
If not as ever they are talking out of their collectives.

Scrub that as this is a secured loan, but even so there's protocol to follow.

I'd be inclined to point out to Evershiites that you are disputing the value of this debt due to the Total Failure of Consideration (Miss-selling) of the PPI and the fact you are in the process of reclaiming it and having the loan rescheduled.
Obviously if they wish to continue with their threats then you would welcome the chance to explain their heavy handedness in front of a Judge.

[silverdel]

Re: Help Needed With Bryan Carter &amp; Co

HI CB, How Are You Pal!!, Good I Hope!!
Eversheds have previously tried to get my home but mother in law loaned me £3k to settle arrears, as you may remember from July to Dec last year "off sick" from work, bur when I claimed underr PPI the claim was dis allowed as i had been in arrears within the first 5 years of loan,so decided to challenge FP in courts, then this action has now started.
I am in the process of composing a reply to Eversheds looking for pointers etc

[silverdel]

Re: Help Needed With Bryan Carter &amp; Co

Morning All, This weekend has been a very sleepless one!, Eversheds have issued repossesion procedings and the court hearing is on 24/8/09. I sent a letter off to Eversheds quoting "in dispute etc " i also enclosed the monthly cheque, which would have as usual more than halved any alleged arrears,but Eversheds have never sent the cheque to the bank( i've checked) so they have now quoted an inflated arrears figure to the court( 838.42,instead of 418.21) I have sent an e-mail off to Eversheds, tried phoning and as yet no answers.
What is my legal position?, What can I do next? Those out there who no my history will no that the affect on my wifes health because of this will be devastating.
SO ONCE AGAIN I NEED YOUR HELP.
Thanks
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Sirs, I am absolutely mystified as to the action you have taken regarding the above account, on Tuesday of this week I received a letter from your office that stated "thank you for your cheque dated 29/06/2009 received 02/07/2009" the letter continued "awaiting instructions from our clients".
Today we received the court action papers stating that you are intending to apply for repossession, included was a statement that did not show the cheque that you had already informed me that you had received.
I have checked my bank account and see that as yet your company has not cashed the cheque, the cheque was clearly made out to yourselves and on the reverse quoted the above reference number.
Was it always your intention not to cash the cheque thereby falsely inflating the DISPUTED arrears?, are you acting on your clients instructions to present false accounts in an attempt to obtain possession of my home? or is this action a result of the action that I am taking against your clients for the miss selling of payment protection insurance?

As I stated in my letter dated 29/06/2009 ( please see the copy below) I disputed the arrears, and now more so than ever, this letter was sent to you complete with the cheque that you acknowledge you have received.
I hope that you will contact me on 018** ****94 I am home on Monday and Tuesday all day.

COPY OF E-MAIL SENT TO EVERSHEDS ON FRIDAY NIGHT

[Curlyben]

Re: Help Needed With Bryan Carter &amp; Co

Absolutely typical !!!!!

So, just a quick reminder, what debt are Eversheds holding ?

Edit: Scrub that I read up a few lines.

So they have ignored the whole miss-sold PPI issue that would negate any alleged arrears..

[silverdel]

Re: Help Needed With Bryan Carter &amp; Co

Hi Ben, Its a second mortgage on our home, a debt that I will be liable for 'til i am 75!! miss lead or what??

[Sapphire]

Re: Help Needed With Bryan Carter &amp; Co

Hiya Silverdel,

Unfortunately I can't offer any advice on this matter, but I will be here to support you along the way, I know its not much but when I was 'in trouble' it was the support of others that helped me through.

Personally me feeling is that 'IF' this went in front of a judge and you produced copies of the tricks this shower have got up to the judge would more than likely tell them to go forth and multiply.

((((((((((((((((((((Hugs)))))))))))))))))))) for you and your family and I hope your wife feels better soon.

[WendyB]

Re: Help Needed With Bryan Carter &amp; Co

Was there a clause in the original PPI that said you couldn't claim if you were in arrears in the first 5 years? Or did the PPI only cover the first five years? Presume you have cancelled the PPi now?

[silverdel]

Re: Help Needed With Bryan Carter &amp; Co

Thanks Sapphire( XXX ) do not worry I am more than happy to go before the judge, since encountering this site I feel some one out there will help me ang give me the advice to help me defeat the moronic Eversheds.
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Hi Wendy, Whe I called last year July) to first plus, all i was asked was i in arrears, i said i was not so i was advised to pay if possible while I was ill as in Dec 08 i would receive £7500 at no time was I told that because I had been in arrears this would disallow my claim, I had previously asked for a copy of the agreement for my ppl but that never arrived either,
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Wendy you are correct the ppl covered the first 5 years but the cost is part o the loan and repayments are on going for like of the loan.

[WendyB]

Re: Help Needed With Bryan Carter &amp; Co

Well I'm no expert on PPI but I thought it had to cover the whole life of the loan or it was classed as mis-sold??
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Right Silverdel

In order to sort out what's best to do with this rpossession stuff, we need you to do a basic guide as to where you are now. Step by step, with dates and amounts if possible. Just a quick precis of the situation so far. This will save newcomers to the thread having to read all the way through to see whats happened, and stop them asking questions which have already been answered earlier on. For now just deal with the facts that relate to Eversheds and this repossession hearing please. Thanks

[Curlyben]

Re: Help Needed With Bryan Carter &amp; Co

That's the one Windy

As I said earlier, Total Failure of Consideration.

[silverdel]

Re: Help Needed With Bryan Carter &amp; Co

I am claiming that it was mis-sold,and action has started against Firstplus, which is why I believe they have resorted to this action to reposses my home, at the end of the day they say i am in arrears of £838 I know it is under £425 and even this amount I dispute, l may also add that Firstplus never issue receipts for fund sreceived by them, never issue yearly statements either, the only way to get info is by dsar, and then the info is not complete, I am unale to obtain any loan documents, copy's of telephone calls.