Bryan Carter Solicitors

[JibTeenuc]

Have just received the attached letter from Bryan Carter Solicitors.
Have been fighting Lowells and a number of other DCA's for years.
None have been able to provide a signed CCA despite numerous SAR and CCA requests.

Any advice on what I should do (if anything)?

Thanks.

[PlanB]

Re: Bryan Carter Solicitors

Never ignore a letter from a solicitor so "do nothing" is not an option.

Who was the original creditor for this debt and did you send your CCA request to them or to Lowells? Debt purchasers aren't psychic so they won't know if there is an outstanding s.78 request unless you tell them. If your original request was sent years ago then you should send a new one to Bryan Carter as they can be quick to litigate or worse still Lowells tend to issue statutory demands as their weapon of choice if they know you're a homeowner and the balance outstanding is more than £750.

Give us a bit more background so we can guide you on what is best

[JibTeenuc]

Re: Bryan Carter Solicitors

Never ignore a letter from a solicitor so "do nothing" is not an option.

Who was the original creditor for this debt and did you send your CCA request to them or to Lowells? Debt purchasers aren't psychic so they won't know if there is an outstanding s.78 request unless you tell them. If your original request was sent years ago then you should send a new one to Bryan Carter as they can be quick to litigate or worse still Lowells tend to issue statutory demands as their weapon of choice if they know you're a homeowner and the balance outstanding is more than £750.

Give us a bit more background so we can guide you on what is best

Thanks for replying.

Original alleged agreement was with Barclaycard.

This has been in dispute for roughly five years, now.

I SAR'd Barclaycard and they can provide no copy of a signed agreement between us.

Various Debt Collection Agencies have been involved with the case bouncing around like Tigger on amphetamine sulphate. None of them can produce a signed agreement and usually pass it onto another DCA, once I demand this from them.

Should I send a repeat CCA demand to Lowell, Fredrickson or Bryan Carter, do you think?

Thanks, again.

[PlanB]

Re: Bryan Carter Solicitors

If it was me I would send a CCA request direct to Lowell since they are the owner of the debt and the 'decision maker' with a copy to Bryan Carter so that they know the request is outstanding. They've given you 14 days to respond to their letter and after that they could issue proceedings online if they don't get a response from you.

Do you have a good s.78 CCA Request letter to send or would you like FP to post one on here tomorrow when she gets back :typing:

How old is the Barclaycard account because there's a good chance that they may not have the original agreement with the right Ts & Cs (which would be helpful :wink if the account was opened before April 2007

[JibTeenuc]

Re: Bryan Carter Solicitors

If it was me I would send a CCA request direct to Lowell since they are the owner of the debt and the 'decision maker' with a copy to Bryan Carter so that they know the request is outstanding. They've given you 14 days to respond to their letter and after that they could issue proceedings online if they don't get a response from you.

Do you have a good s.78 CCA Request letter to send or would you like FP to post one on here tomorrow when she gets back :typing:

How old is the Barclaycard account because there's a good chance that they may not have the original agreement with the right Ts & Cs (which would be helpful :wink if the account was opened before April 2007

A s.78 CCA template would be greatly appreciated, thank you.

Account started in 2003 and Barclaycard can only provide a generic (unsigned be either party) set of T & C's and agreement page.

Which is why I'm arguing the point for over 4 years.

Much obliged for your advice.:tinysmile_grin_t:

[FlamingParrot]

Re: Bryan Carter Solicitors

A s.78 CCA template would be greatly appreciated, thank you.

Account started in 2003 and Barclaycard can only provide a generic (unsigned be either party) set of T & C's and agreement page.

Which is why I'm arguing the point for over 4 years.

Much obliged for your advice.:tinysmile_grin_t:

Here it is, better late than never.

It should be sent recorded delivery with a PO for £1, and signed using a computer font rather than your real signature. :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Yours faithfully,

[CleverClogs]

Re: Bryan Carter Solicitors

It should be ... signed using a computer font rather than your real signature. :thumb:

A good font for signatures is JohnLennon (link) which is free. Of course, it should be set in a larger point size than the body of the letter and ideally it should be in dark blue ink so the recipient will think it's your own signature.

If you're really lucky, they might get creative with it. :grin: