mr affable's UE diary

[mr affable]

Re: mr affable's UE diary

Ok thank you

[mr affable]

Re: mr affable's UE diary

Hi everyone,

Just had a letter from Bryan Carter Solicitors regarding my MINT debt which is now being dealt with by Fredrickson International ltd. It mentions that Fredricksons are still keen to set up an affordable repayment arrangement etc but if i dont then proceedings may be issued against me etc.

Presumably I can just ignore it? i guess if they think they can take action against me I should let them get on with it - ie put up or shut up?

[ScabHunter]

Re: mr affable's UE diary

I definitely wouldn't ignore Carter.

He is a long established slime ball who looks for easy targets. If you respond and show him that you know and understand the law, he will almost certainly move on in search of easier prey. If you don't respond, he will think that you are just another loser who will cop a judgment in default, and may well issue papers.

I would either send a bespoke reply, or the template here -

Threat-o-Gram Letter Before Action - allaboutDEBT UK

Both have proven effective in keeping Carter out of court.

SH

[PriorityOne]

Re: mr affable's UE diary

I definitely wouldn't ignore Carter.

He is a long established slime ball who looks for easy targets. If you respond and show him that you know and understand the law, he will almost certainly move on in search of easier prey. If you don't respond, he will think that you are just another loser who will cop a judgment in default, and may well issue papers.

I would either send a bespoke reply, or the template here -

Threat-o-Gram Letter Before Action - allaboutDEBT UK

Both have proven effective in keeping Carter out of court.

SH

Agree with SH.

I saw Freds/Carter off some time ago. You do need to respond or he/they are likely to steam ahead with court action.

[Pixie]

Re: mr affable's UE diary

I've seen off Bryan Carter twice (different debts) with the threatogram letter

[mr affable]

Re: mr affable's UE diary

Thanks for the advice - i will get a letter off to them.

[mr affable]

Re: mr affable's UE diary

Just going back to Scab Hunters recent reply re bryan carter - presumably they would have to let me know if they were going to apply for judgement by default?

Bit worried now that i need to get my reply off asap as their letter was dated 10 days ago!

[Deepie]

Re: mr affable's UE diary

Just going back to Scab Hunters recent reply re bryan carter - presumably they would have to let me know if they were going to apply for judgement by default?

Bit worried now that i need to get my reply off asap as their letter was dated 10 days ago!

You will be fine...just get the letter off Monday....

I've deleted your last post...... duplicate post

[SXGuy]

Re: mr affable's UE diary

They wont get judgement by default, you need to be provided with claim forms and then not act on them long before a default judgment would happen.

But forget that, they wont litigate if you get that letter off, i to have seen them off with mint, freds and then bryan carter.

Next step, passed to new DCA.

[mr affable]

Re: mr affable's UE diary

Thank you - will get the letter off Monday!

[mr affable]

Re: mr affable's UE diary

Further to post #176 have now had a reply from Lowells following my missing PTs letter to them re my Capital One a/c.

I have copied this to Niddys email address for him to have a look at. I know he is busy so in the meantime thought I could share the gist of what they are saying with the forum.

Basically they are asking which PTs i believe are missing then they go on to say that under sections 77-79 they are obliged to send a true copy of the credit agreement and any other document referred to within that agreement and a statement of account.

They say they have done this together with a signed copy of my application. They then say that the procedures and processes of Capital One would not have allowed any credit facility to have been opened or utilised if they had not received a signed application. Furthermore I have evidenced acceptance of the agreement by using the credit facility.

They say that since April 2007 the court has discretion to decide whether any amount is properly payable taking into account all the circumstances of how the debt accrued and whether the agreement was improperly executed.

They say that the introduction of the CCA 2006 withdrew S127(3)concerning irredeemably unenforceable credit agreements. As such the courts have discretion as to whether the defect i allege in the credit agreement is such that the agreement does not reflect the true intention of the purposes of the transaction to which it seeks to govern and to which Lowell relies upon for payment of the debt.

Sorry to go on - but can anyone advise me?

Thank you

[Pixie]

Re: mr affable's UE diary

I would be sending Final Response - UE (CCA Received) - allaboutDEBT UK if it were me.

[jon1965]

Re: mr affable's UE diary

I know staying out of court is a major plus BUT surely they can not issue a claim on behalf of freds as freds don't own the debt. Also what if you have a defence?



Sometimes surely it is the right thing to do to make a stand

[Never-In-Doubt]

Re: mr affable's UE diary

I've suggested ignoring this letter.

[Pixie]

Re: mr affable's UE diary

Did you suggest that by email or on the forum because I must have missed it if it was in the thread...sorry