help with bryan carter & co

GeorgeUK

To be honest i would send them a letter offering a full and final settlement for £300 which can be sent as soon as written confirmation is received of their acceptance and assurance that you will not be held liable for the remainder of the debt. If they refuse your offer, they can take you to court and if the judge awards a CCJ, you have 30 days from that being issued to make full payment - if this is done then the CCJ will be removed and you should definately have the money by then.

The other option would be to write to them again stating that you can pay £300 now and the remainder after you get paid on the 23rd Feb. Point out in the letter that you are willing to make payment, but require moretime to do so and also point out that should they take this to court, the judge will take a dim view of them wasting court time as payment will be made before any judgement is registered against you.

supakid

i think i might write a letter asking them to accept payment of 300 quid this month and 400 the next and remind them about the judge... thanks a lot for your help mate i shall get on with this.. also should i offer them less as a !!!!!! instead of £800 how low do you think i should offer?

PinheadSK

Supakid,

Firstly, calm down and slow down! You're not reading the advice people are giving you!

The questions you are asking have been answered by the previous posts so take a little time to read them.

Is this your debt? If it is, then I don't see how being a little antagonistic about it will help in any way. If the debt is legitimate, then you need to get working with these people and get them onside to help you sort it out and pay it off as quickly and painlessly as possible.

What is the debt for? As mentioned above, the reason for the debt may have a bearing on what you can or can't do about it.

Good luck with it.

Sean

DVardysShadow

supakid wrote: »

to buy some time till the end of the month i have found this would this be any good just to buy me some time?


CCA Letter:

Ref No: xxxxxxxxx

To Whom It May Concern

I do not acknowledge ANY debt to your company.

I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

2. A signed true copy of the 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 you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

As you started off apparently accepting that the debt was yours, and your issue was not being taken to the cleaners again for the same debt, the letter you are sending is just you playing games as far as I can see. Of course if you believe that the debt is either not yours or wrong in any way, then fight it. Otherwise, pay what you can when you can and don't devalue the 'prove it' letter for others who need it.

supakid

listen as you may have guessed im in a desperate situation as i got the letter yesterday i was in a bit of a panic i can afford to pay them just not all at once SO i then was searching for way to buy time........ yes i accept the debt is mine i just need more time... all i wanted to know was how i would go about asking for more time ... paying £300 this month and £500 the next...and if it was worth me asking them to reduce the price to about £700... im a student im stupid i was getting letters telling me that i can have credit for this and that.. so i took it...:huh:

supakid

also i have had no contact with the company yet at all...about 150 of the money i owe is from charges from Argos

DVardysShadow

supakid wrote: »

listen as you may have guessed im in a desperate situation as i got the letter yesterday i was in a bit of a panic i can afford to pay them just not all at once SO i then was searching for way to buy time........ yes i accept the debt is mine i just need more time... all i wanted to know was how i would go about asking for more time ... paying £300 this month and £500 the next...and if it was worth me asking them to reduce the price to about £700... im a student im stupid i was getting letters telling me that i can have credit for this and that.. so i took it...:huh:

I've been listening. Now you listen up. You don't really dispute the debt. and if you don't understand that when you take credit you have to pay it back, then you shouldn't be allowed out on your own

You want to buy time. Fair enough. You pay what you can when you can. If you don't have it they can't take it from you. Paying something should keep them at bay for another month when they will start whining at you again. Listening to whining from creditors goes with the territory, I am afraid - but there are things you can do about it.

If you intend to offer £300 this month and £500 next, then why not just make that offer? A' prove it' letter may just reduce their confidence you will ever pay anything. If you put that letter in you will look silly putting in your £300 and you may draw too much attention to yourself as being potentially good for a laugh form the DCA.

Putting in a 'prove it' letter when you don't really mean it is just deceit on your part. A prove it letter is not to buy time on a debt you accept. Less of the Me Me Me - other people use that letter for the reason that they dispute the debt or the creditor is not providing adequate detail - and if you are just using it to buy time, then you are devaluing the letter.

GeorgeUK

Supakid, as i said, you could make an offer of a full and final settlement (partial and short settlements are not the same). See what they say and you may get a reduction.

Make it clear though that they will be getting some money and that the offer could be paid in 2 parts - 300 now and the rest at the end of next month after you get paid.

I would use the letter from the nationaldebtline website as this covers everything that should be mentioned.

As i mentioned earlier if you end up paying the total amount over 2 months it's not that big an issue no matter what they are threatening you with. It would be paid before it ever got to court so that isn't an issue. The only thing i would be looking at is if they have put a default on my credit file and if they would consider removing it.

Try writing a letter and posting it here for us to see. It may seem quite frightening, but that is what they are trying to do. If you can pay it in 2 months then i don't think you have anything to worry about.

unhappy_with_ecar

Communication is the key - yes Bryan Carter are a litigious lot but don't stress.
You've had some good advice - communicate with them and explain your situation and what you can afford. Realistically you could offer to pay this debt off over several months, as long as you stick to a payment plan with them and they can see they are getting their money then they will be happy.

If you do receive a court summons - don't panic.
As long as you follow the details on the summons you will be fine. First of all make sure you file an acknowledgement of service within 14 days ticking the box that you will be defending the claim.
Then within 28 days of receiving the summons make sure you file the defence form that came with the pack. Something on the lines of "I can not confirm the amount the claimant is claiming because I have received no details of the alleged debt and therefore at this stage must defend the action. Furthermore I believe that the claimant has acted contrary to the Consumer Credit Act, Consumer Protection From Unfair Trading Regulations and the Office of Fair Trading Debt Collection Guidelines. As such this matter should not be before the court. In bringing about this claim, I believe the claimant has acted contrary to the over riding objectives of the civil procedure rules and as such is not entitled to costs".
Once that's in, you have to wait for the court to send allocation papers and then to set a court date, all of which can take a couple of months. By which time by the sounds of things you'll have paid them anyway.

Just remember - those who shout loudest and send nasty letters aren't always in the right. Be cool - follow the system as I've suggested and you'll be fine. Ultimately you are just another account to them, whilst it is personal for you, it isn't for them and they don't really care as long as they end up getting paid what they are owed.

supakid

thank you so much for your replies i went on national debtline's website and created this

I write with reference to the money which you are claiming on the above account.
I can confirm that I am unable to offer to pay the money which I owe in full.
I work part time and i am a student
However, I can raise £350 and I want to offer this as an ex-gratia payment in full and final settlement of the
account.
This offer is made on the clear understanding that, if accepted, neither you nor any associate company will
take any further action to enforce or pursue this debt in any way whatsoever and that I will be released from
any further liability.
I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above
account as ‘satisfied’ in full.
Payment can be made within 2 weeks of receiving your written agreement to this offer and indication of your
preferred method of payment.
I look forward to receiving your reply.
Yours faithfully