Bryan Carter Solicitors (Capital 1)

[kopite71]

Hello all on this fantasic & very informative forum. I'll start with defaulted on Cr*p 1 card last year, within my limit, but missed a payment, and charges put me over it. From then it just spirreled. Defaulted 08/06.

 

Gets the following from Bryan Carter 12/12/06. (word 4 word)

 

"We are instructed in relation to recovery of the aforesaid debt.

 

We draw your attention that payment must be made in full within the next 7 days failing which we have instructions to issue proceedings for recovery of the same without further notice to you. Should proceedings be issued we draw to your attention that additional charges will be added to the existing balance.

 

Balance £568.28

Interest £45.46

Court Fee £70

Solicitor £70

 

New balance £753.74

 

If you dispute liability for this debt please state your reasons in writing and supply us with documents in suport of your defence to any claim. If you fail to notify us of any potential dispute prior to issue of proceedings and you sunsequently file a defence to any claim we reserve the right to show this letter to the district judge or sheriff. Please telephone Fredrickson international with payment proposals.

 

Yours Sincerely

[kopite71]

My Reply

 

 

Bryan Carter & Co Solicitors

De Havilland Drive

Weybridge

Surrey

KT13 0NT

 

Further to your letter dated 12th December 2006, I require you, in your capacity as legal advisors to Capital One Bank (Europe) PLC to supply the following documentation.

 

1. I require you to supply me with a true copy of the alleged agreement you refer to. This is my right under your clients obligation to supply a copy of the agreement under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974. Their obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

This fee is not to be offset against the amount allegedly owing under any circumstances.

 

2. A signed true copy of a deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether your client is the original creditor or not under S189 of the CCA 1974.

 

4. You are notified that you are obliged to supply these documents within 12 working days.

 

5. You are notified that under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.Presumably, since you threaten court action in your letter you will have this documentation readily to hand as you will be expected to produce it in court in order to validate the legitimacy of your claim.

 

Take note at this stage, that any legal action you consider taking against me, will be both vigorously defended and contested. If you fail to supply the documents, then I reserve the right to show this letter to the District Judge or Sheriff.

 

Yours faithfully

[kopite71]

Their reply today (Oh i had to laugh)

 

"We thank you for your letter dated 4/1/07 and note the contents.

 

We have requested a breakdown of the accoun and a copy of the original agreement from our client and will revert to you as soon as this is to hand.

 

In the meantime you may be interested to note that there is a settlement figure available on this account of £284.14. This will remain open for a period of 28 days from the date of this letter after which the full balance will become due & owing.

 

If you are unable to take advantage of the settlement figure then you will need to enter into an agreement for repayment of the debt by instalements and with that in mind we enclose a financial statement form for you complete and return.

 

Yours faithfully.

 

I will quote a Blackadder line "I'm glad i'm wearing a belt/corset as my sides are going to split"

 

The only agreement i'm entering is the 12 days they've got.

 

Tick Tock, Tick Tock.

 

Surely they're having a laugh!

 

Any comments welcome.

 

Thanks.

[maverick*o7]

Oh, I have the same issues with Cr*p One!! Funny I owe £568 as well!! Got a very similar letter and have been debating what to do about it. I missed a couple of payments and like you the charges etc sprialled out of control. I re-claimed the charges (settle for half back) and wrote to their payments department to arrange payment of the remaining balance which they did not reply to, sent another, which they did not reply to and they issued a default and passed the debt to Bryan Carter Sols. I wrote to Cap One stating I felt that this had been dealt with unfairly as clearly I had tried to contact them (and sent copies of letter). They replied saying that they had followed the correct procudure in issuing a default, they hadn't recieved my letters (funny that!) and were dissapointed that I had not phoned to sort out payment (why should I phone I wrote to them!!) anyway basically default not going to be removed and pay up! Any advice?

[onyboy]

Koplite

 

This is exactly the scenario I am, in what happened next?

[ODC]

 

If you dispute liability for this debt please state your reasons in writing and supply us with documents in suport of your defence to any claim. If you fail to notify us of any potential dispute prior to issue of proceedings and you sunsequently file a defence to any claim we reserve the right to show this letter to the district judge or sheriff. Please telephone Fredrickson international with payment proposals.

 

Yours Sincerely

 

 

You havent recieved any summons and they want to know your defence as if. This is probably illegal and you are under NO OBLIGATION to file a defence until they produce a summons for court. The fact you have asked for your CCA will slow things up, Watch Mr Carter he is a slippery chappie. But I think a complaint to the Society of Solicitors at Leamington Spa may be of benefit. Read the numerous threads on him and his dubious business practices

[kopite71]

Koplite

 

This is exactly the scenario I am, in what happened next?

 

It got sent back to Cr*p 1, it's now with Capquest.

 

Useless muppets!

[Yyates]

You havent recieved any summons and they want to know your defence as if. This is probably illegal and you are under NO OBLIGATION to file a defence until they produce a summons for court. The fact you have asked for your CCA will slow things up, Watch Mr Carter he is a slippery chappie. But I think a complaint to the Society of Solicitors at Leamington Spa may be of benefit. Read the numerous threads on him and his dubious business practices

 

I found them not to be interested. They stated that they are still trading and have not ceased to trade on Feb 28 2007 which has been posted on here a few times. It seems the SOS needs to up date their files.

[pmhcfc]

I found them not to be interested. They stated that they are still trading and have not ceased to trade on Feb 28 2007 which has been posted on here a few times. It seems the SOS needs to up date their files.

 

Hey, sling enough mud and some will eventually stick..If enough people complain to Leamingtom Spa office about B Carter, they'll eventually have to take notice!

[tinks2100]

My Husband and I received a letter today stating we owe money via t-mobile from 2004!!! my husband has contacted this so called fredrickson international several times to ask for documentary information as to him owing this debt in the first place, and all he is told, we will contact our client and get all the information in the post to you!!!! and surpise suprise we are still waiting, but the letters keep coming - any suggestions on what to do now? - thanks tinks2100

[ODC]

TINKS

 

DO NOT PHONE THESE PEOPLE. Keep everything in writing. That way you have a record. They can and will deny ever speaking to you on the telephone. Send them this letter. DO NOT SIGN it and send it by recorded delivery.

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[tinks2100]

Thanks ever so much, they have been hounding us for some months now and everytime my husband rings them and explains we dont owe anything or asks for documents they say they will put the account on hold and send us what we want but of course they never do, i'll copy and save this letter thanks again its much appreciated

tinks2100

[Yyates]

My Husband and I received a letter today stating we owe money via t-mobile from 2004!!! my husband has contacted this so called fredrickson international several times to ask for documentary information as to him owing this debt in the first place, and all he is told, we will contact our client and get all the information in the post to you!!!! and surpise suprise we are still waiting, but the letters keep coming - any suggestions on what to do now? - thanks tinks2100

 

Hi Tinks

 

Don't hold your breath with Fredrickson International, I am still waiting for my credit agreement from them. They received the requests on the 5 June 2007. I have repeatedly told them by letter than unless they send my signed credit agreement to me I will not deal with them because they have not given me proof that the debt is mine. Don't worry loads of brilliant advice on here and many helpful and friendly people

[ODC]

Its important to get a written request for proof of the debt into Freds and proof of receipt. That prevents him passing it on to BC

[Yyates]

Its important to get a written request for proof of the debt into Freds and proof of receipt. That prevents him passing it on to BC

It didn't stop them sending mine to BC

[essexguy]

Hello

 

Having just found this forum, I'm in a state of flux over what I should do next and really need someone's advice !

 

I have TWO accounts running with Bryan Carter & Co.

 

Both accounts have recent letters (ie post-Feb 2007) from this firm at De Havilland Drive Weybridge and both are on Bryan Carter & Co headed paper (a claim at the footer states the BC & Co is the trading name of Crellins Carter Solicitors of 111 Weybridge Road).

 

I first heard from Bryan Carter in Nov 2006 alleging a debt against me to Egg for £11000. I had no idea of any debt and had never received any paperwork regarding this debt. They also said that I had a ccj but having looked on both experian and equifax there is nothing against me. I have been unable to find out any information regarding the alleged original debt and in a state of panic have been paying £50 a month to keep the bailliffs away.

 

I've set set up payments to Bryan Carter following a CCJ for £570+ in Dec 2005 as a partial balance against an alleged full balance of £11000+

 

This CCJ was taken out against me at an address I used to trade at but I had no receipt of any papers from either the claimant, the courts or Bryan Carter (or indeed any other party) so to avoid the appearence of baillifs I paid a £70+ Warrant of Execution direct to my local county court & I then contacted Bryan Carter & Co & agreed to pay off the CCJ at £50 per month. (I have disputed the debt in writing since initial receipt). I have also written to Egg on numerous occassions and have had no reply and have constantly disputed these debts with both Bryan Carter & with Egg. I have now paid 13 installments of £50 (and am now effectively paying back more more than the original CCJ value) !

 

The second debt relates to another alleged debt also to Egg of £8000+ but this time no court papers have appeared. I received a letter last month & it transpires that another CCJ has been issued in August 2007. I haven't heard from the courts or others but again I have agreed to pay off (without any admission of liability) a demand from Bryan Carter & Co for the order of £490 +costs + the warrant fee of £70+. I have yet to write to Bryan Carter on this matter as I have tried to get legal advice about my position.

 

I haven't received any Proof of Debt in either of these cases (save for a copy of the first CCJ from the court who only provided me with copies of the original ccj for £490+costs and not for the whole debt) & I can't get any assistance from lawyers as no one seems to want to take on this kind of work and now I'm paying 2 lots of £50 per month to Bryan Carter & Co.

 

In a telephone conversation Bryan Carter said that the debts originated in 2002 and that they were paid until 2005. I have no idea what these are about.

 

I would really welcome some help AS SOON AS POSSIBLE from someone out there as to the quickest & best way to get out of this difficult ( & painful!) situation.

 

 

What steps do I take now?

[red devil1967]

Firstly I must say that I`m no legal expert...but I have had dealings with fredricksons international via brian carter sols.....I got into debt with the co-operative bank ( £15,000 ) loans to pay off visa..etc.. etc....have been paying for 8ish yrs a very small amount,in fact to clear the account would take 125 years from now!...thankfully heard about the national debt helpline thru this site and issued a cca request.This is the 9th day and have got the letter to say account on hold! so firstly I would advise a Consumer Credit Agreement request letter to any debt collection agency ( you never know they may not have it..!) and as I say no cca no pay! unless the debt is close to being statute barred then really ignore any letters/visits/calls.......the latter two you won`t get `cos they are close to giving up anyway!

[red devil1967]

SECONDLY CALL THE NATIONAL DEBTLINE 08088084000.......it`s free and like this site gives you the answers you need only faster !

[red devil1967]

Thirdly never worry....! These people really aren`t worth it...I`ve spent years worrying..if only I had this site and the national debt line ten yrs ago!

[23sopwith]

carter seems to be up to his tricks again

sent 2 recorded delivery letters

they have been returned marked signature refused

where do i go now

[ODC]

carter seems to be up to his tricks again

sent 2 recorded delivery letters

they have been returned marked signature refused

where do i go now

You should have marked them PAYMENT ENCLOSED:D

[poochball]

You should have marked them PAYMENT ENCLOSED:D

 

lol. If you can, spray it with Odour de Money too. That normally gets them to open it.

[ODC]

Wonder what Bryan has to fear from Recorded Delivery Letters:confused:

[NailPost]

Write to the Solicitors Regulation Authority at Ipsley Court, Berrington Close, Redditch, B98 0TD

 

Tell them you are trying to have a dialogue with a solicitor by the name of BC & Co and explain what's been happening with the recorded delivery letters. Make sure you tell them you are making a complaint against BC & Co.

Let us know what the SRA will/won't do -its about time they took action against this so-called firm of solicitors.

[creditcardmug]

This firm of "solicitors" are consistently breaking every rule in the book, how much longer can they go on doing this??