Help with RBS CC and Bryan Carter

[PriorityOne]

Re: Help with RBS CC and Bryan Carter

Not sure what this means?

It means that if no new regulated (modifying) Agreement was issued in relation to the amalgamated balance on more than one account, then attention should be drawn to CCA 1974; s 82 (2/3):

82. - (2) Where an agreement (a "modifying agreement") varies or supplements and earlier agreement, the modifying agreement shall for the ourposes of this Act be treayed as -

a) revoking the earlier agreement and

b) containing provisions reproducing the combined effect of the two agreements, and obligations outstanding in relation to the earlier agreement shall accordingly be treated as outstanding instead in relation to the modifying agreement.

(3) Of the earlier agreement is a regulated agreement but (apart from this subsection) the modifying agreement is for running account credit, it shall be treated as a regulated agreement.

Sounds like a load of blurb.... but basically, if accounts have been amalgamated and then assigned, then the assignor/assignee should be put to proof re. having your authority to do that.

I had this situation with a DCA some years ago; three accounts had been amalgamated and sold.... yet the "balance" was held under one of these accounts only because the creditor had transferred all outstanding sums into one account and then flogged that one account.

Naughty.... :nono:

:-)

[WendyB]

Re: Help with RBS CC and Bryan Carter

Brian Carter usually does not go for the whole amount, but splits it into smaller chunks. This is clearly an abuse of process and is usually enough to get him to discontinue when it's pointed out to him. He might come back again later but by that time he's shot himself in the foot. But don't think he won't issue proceedings, because he most certainly will.

Might also be worthwhile filling in the Income and Expenditure sheet so you can see exatly where you stand.

[pompeyfaith]

Re: Help with RBS CC and Bryan Carter

To be totally straight with you, I think you need to sit down with your partner with a cuppa and have a long hard think as to what your prospects are in paying this large debt.

Are you in secure employment ?

Are you paid well enough to be paying a sizeable chunk of your earnings to pay this debt ?

If you are not this debt will be hanging over you for the rest of your life.

What I am trying to say is unless you have a real prospect of paying this off I would be giving bankruptcy serious consideration.

Also have you thought about an IVA worth considering and looking into to see if you qualify.

We all wish to pay our dues, but if your debt to earnings is wide apart and you have no real prospect maybe its worth also looking at other avenues.

Good Luck

[davids3511]

Re: Help with RBS CC and Bryan Carter

To be totally straight with you, I think you need to sit down with your partner with a cuppa and have a long hard think as to what your prospects are in paying this large debt.

Are you in secure employment ?

Are you paid well enough to be paying a sizeable chunk of your earnings to pay this debt ?

If you are not this debt will be hanging over you for the rest of your life.

What I am trying to say is unless you have a real prospect of paying this off I would be giving bankruptcy serious consideration.

Also have you thought about an IVA worth considering and looking into to see if you qualify.

We all wish to pay our dues, but if your debt to earnings is wide apart and you have no real prospect maybe its worth also looking at other avenues.

Good Luck

Hi

I am self employed and earn about 35k a year. Realistally I have no hope of ever paying this off. I was in an IVA 3 years ago when I was earning much less, the IVA was 520 a month, it failed after a year and a half as I just couldn't afford it anymore.

I intend going bankrupt but am afraid if I do anytime soon they will chase my partner for the 8k joint overdraft which right now would be a disastr. We need a year and then we would be in a better position to pay them something to settle it.

[Angry Cat]

Re: Help with RBS CC and Bryan Carter

So, what does Mr. Carter expect to gain?

You own no property;
there are no realisable assets and;
there can be no attachment of earnings, as you are self employed!

However, the registering of a CCJ is not desirable for anyone. Therefore, you either fight or roll over.

[distressedcarer]

Re: Help with RBS CC and Bryan Carter

Hello there. What I have to say is of no practical value. Just want to say I am in a similar position to yourself - with Bryan Carter chasing me for a debt I cannot repay. Just want you to know you are not alone and, I suppose, urge you not to be afraid. I am trying not to be. Have read your post and the advice given you and my heart goes out to you. Thanks to the people on this site - it's stopped me going over the edge this weekend and I am sure they are helping you too. Best wishes from a fellow desperado.

[pompeyfaith]

Re: Help with RBS CC and Bryan Carter

Why is this guy still practicing and why has the sra not repremanded him surely what he is doing is illegal.

Just cannot figure out why this guy has been able to what he does like splitting claims etc for so long.

[distressedcarer]

Re: Help with RBS CC and Bryan Carter

Reading these posts has really opened my eyes. I always knew I was not the only person in this position, but you cannot help but think you are the only one who has been so profligate, stupid, etc. Guilt.

There needs to be a change in the law, doesn't there? If these people are breaking the rules, they should be forced to cease trading.

I have felt so scared over the last few days that I wish I were dead. These people are entitled to get 'their' money back - my original debt of £700 is now nearly £4,0000 - but no-one should be allowed to bully people to suicide, especially given the outrageous behaviour of the banks etc.

As soon as I can think straight again I shall put my mind to this. Sorry if this is really a kind of chat room post. Not of practical value and all that.