Bryan carter solicitors on behalf of cap one

[dipstick]

Hi,

Returned to work today to discover two letters from Frederickson. The first asking for confirmation of my current place of residence, the second being a 'Letter before Action' followed by a letter from Bryan Carter stating that I must contact Fredericksons withing 14 days of the letter or legal proceedings may take place. All letters state that their client is Capital One.

I do have an outstanding CC debt with Cap one (£900 ish) which defaulted (because of unforeseen personal circumstances) about five months ago. I have been paying a sum every month via SO similar to what my minimum payments would have been had the account not defaulted every month. I have not received a notice of assignment from any company.

Would like advice as how to proceed - I have not requested either a CCA or SAR for this account. Would this be the next step? Any information as to why these companies are writing to my work address as Cap one has my home address?

Any help would be gratefully received - bit of a bad day today.

[PlanB]

Re: Bryan carter solicitors on behalf of cap one

Hello dipstick and to Legal Beagles.

We'll tackle this problem tomorrow but can you post up a bit more information on the Capital One debt. When did you open the account and have you moved house or changed address since then to help us understand why you are being written to at your place of work and not the account address which would normally be your home?

Answer this and we'll take it from there

[dipstick]

Re: Bryan carter solicitors on behalf of cap one

Hello dipstick and to Legal Beagles.

We'll tackle this problem tomorrow but can you post up a bit more information on the Capital One debt. When did you open the account and have you moved house or changed address since then to help us understand why you are being written to at your place of work and not the account address which would normally be your home?

Answer this and we'll take it from there

Hi Plan B,

Thanks for replying - can sometimes feel as if you are the only one dealing with these issues.

Capital One debt opened in 2011. Defaulted earlier this year. Have not moved house or changed address and this is the first time I have been contacted at my work address.

Thanks.

[PlanB]

Re: Bryan carter solicitors on behalf of cap one

Hi Plan B,

Thanks for replying - can sometimes feel as if you are the only one dealing with these issues.

It sometimes feels like that to me too

[ODC]

Re: Bryan carter solicitors on behalf of cap one

Im surprised Bryan is still in business. It is important that you keep an eye on this because Bryan just goes straight for judgement at Northampton and hopes to sneak in a default judgement without any paperwork. His usual ploy is to go for his fees. HOWEVER when someone actually stands up to him and defends his spurious claims then he generally chickens out

[PlanB]

Re: Bryan carter solicitors on behalf of cap one

Capital One debt opened in 2011. Defaulted earlier this year. Have not moved house or changed address and this is the first time I have been contacted at my work address.

Sadly you won't be able to play the unenforceable card because that can only work for accounts before April 2007 (when the law changed) and your account was opened in 2011.

It seems the creditor is still Capital One and they've farmed it out to Frederickson who are debt collectors. Freds use Bryan Carter headed notepaper to scare people into paying. Having said that you should never ignore a Letter Before Action because it could result in a county court claim.

If it was me I'd write to BC (with a copy to Freds) telling them that they have been in breach of the Data Protection Act for sending personal information to your office, and you intend to report them to the ICO. They probably haven't breached the DPA on disclosure if your name was on the envelope and it wasn't addressed to "Mr Anyone Who Cares To Open and Read This", but it's enough to stop them in their tracks (hopefully).

Then in the same letter tell them that you have been making the correct payments each month and you will continue to do so. If the account has been defaulted they can terminate the agreement and request the full amount outstanding, but in reality creditors are normally happy with a repayment plan. This is what you've been doing informally with your random SO payments, now you need to make it formal. I'm assuming all interest and charges have stopped?

[PlanB]

Re: Bryan carter solicitors on behalf of cap one

HOWEVER when someone actually stands up to him and defends his spurious claims then he generally chickens out

[MIKE770]

Re: Bryan carter solicitors on behalf of cap one

It sometimes feels like that to me too

Strictly came to my attentuon!

[MIKE770]

Re: Bryan carter solicitors on behalf of cap one

No wonder I got no eggs = you nicked me chickens = That is No Yoke!:tung:

[MIKE770]

Re: Bryan carter solicitors on behalf of cap one

In most cases Crap 1 CCAs are unenforceable as There are no Ts & Cs so it is unenforceable. The DN mentions clause 8 of the T&C’s but they are not present.

[dipstick]

Re: Bryan carter solicitors on behalf of cap one

Thank you Plan B, ODC & Mike770.

Will draft a letter to BC (copying Freds) as advised. What I don't understand is, if there haven't been any new changes in circumstances, given that the default is relatively new and that I am paying £30 toward a £900 debt why they have gone down the court route? Also should I be contacting Cap one directly as the original creditors as I they haven't sold the debt on? Should I correspond with Fredericksons at all?

Sorry, for the 'mumble' post - all new to me and anxious not to give the DCA any more information than necessary.