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Everything posted by DOBBYDOG

  1. Thankyou so very much Nicklea, you have been a great help. Ive managed to submit on line, they allow a max of 8000 characters. Here's waiting and hoping. Not sure what happens next. I have been educating myself on here though and will continue to do so. Many thanks again for the help !
  2. Thankyou very much for taking the time to help me. I think i can submit the defence on line, is that correct ? If so it will be in time for Monday. Thanks again, much appreciated.
  3. Hi Nicklea, i need some further help.. acknowledged the claim in plenty of time Sent above letter to (42man) to Bryan Carter. Had a letter back from them saying thankyou for communication, we have referred the matter to our client and will revert to you as soon as we are in receipt of instructions. In the mean time we confirm that we have placed the account on hold. I need to do my defence, i think its too late ? claim dated 3rd june deemed served 8th june. Many thanks in advance for any help.
  4. Thanks Nicklea for all your advice. I think i will go with this then. Do i need to acknowledge and say i'm defending now or do i wait till the last min? Do i still need to send the cpr 31.14 letter to Bryan Carter ? Many many thanks.
  5. Hi and thanks for the reply. After much digging over alot of paper work this is how it is....... Original overdraft was refinanced into a loan of £1200 + insurance of £164= £1364 over 2 years. Managed to get the loan down to £355.85 after making payments every month. In the meantime i was given an overdraft of £300. Got into trouble and missed a loan payment, charges were put onto the account which took it over overdraft limit. The next month same happened again and so on and so on... They then put the overdraft up to cover all the charges and they also payed the outstanding loan amount out of the overdraft (which is showing satisfied on my credit file) A default is showing for current account. The overdraft ended up being £1219 of which 300 was original overdraft, 355 for loan payment and £562 in charges. (it says on the claim form balance due under an agreement and nothing about overdraft) The account number on the claim is not the same as any of my bank account numbers so assume this is Bryan Carters own. Not really sure where to go with this, i think i should be admiting part of the amount ? The date on the claim form is 3rd June. Thankyou in advance for any help.
  6. Hi and thanks for getting back. I am fairly sure this was from a current account with an overdraft. They refinanced the overdraft into a loan. There are many charges from before this and i was 2 payments off finishing this when got problems and many more charges were applied. I think the claim id from the RBOS original creditors as that who it says the claimant is but is signed Bryan carter, their solicitors ? In fact ive had a letter from them today saying expect court papers. The particulars of claim are...... for the balance due under an agreement which is now all due and payable. The defendant agreed to pay monthly installments under account No xxxxxx but has failed to do so and the claimant claims the sum of £xxxx.xx. The claimant also claims interest thereon pursuant tp s.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00. Signed Bryan Carter. I have all my bank statements already so can shortcut on that. Many thanks for your help.
  7. Hi all, could do with some advice. Received a claim form today.... Claimant..RBOS Address for documents/payments...Bryan Carter Particulars of claim.....for the balance due under an agreement which is now all due and payable. The defendant agreed to pay monthly installments under account No xxxxxx but has failed to do so. Signed Bryan Carter. Now i know that every penny of this is actually charges they applied. In fact i think there is approx a further £1000 in charges. I have never CCAd or started a claim for the charges back. Any advice will be greatfully received. Many thanks.
  8. This was my thought also Slick. I had the fee in my hand and asked him to check and he said 'no i'll just take the form'. Hope they dont throw it out now coz non payment of fee
  9. Oh well, AQ filed today. Man behind the counter said "no fee for this":) SO hope this doesn't get to court.......i know i'll bottle it then. Dont know what to expect next. Thanks again guys.
  10. Hi Steve, sorry, do i need the N150 because the original claim was over £1500 ? or the N149 because i'm asking for the £600 they havn't payed me ?
  11. Hi all and thanks for responses. I think i'm going to go for this now. However i dont have an A&Q form, the court havn't sent me one. Can i just download one from the internet ? Thanks.
  12. Hi Slick, thanks for getting back. The account is ccard (capital 1 ) Sold to Capquest. The ammount off set is approx £600 which is the full balance (with Capquest) The account is in dispute with the DCA for no credit agreement. Cap 1 have paid some but have given the CCA approx £600. I have checked my credit file tonight and the account with the DCA has been satisfied so assuming Cap 1 have forwarded the monies (although date of satisfaction is 2005 ) dont get that. Suppose if i just leave it be it gets the DCA off my back forever doesnt it :-| Is it just too much hassle to do anything about now, do you think? I still managed to get a fair wack from them and dont want to be greedy or anything :-|
  13. Hi, I have written to Cap 1 twice telling them they have only paid me some of the money and not all of it. I told them i would not discontinue the claim until all monies received. Today i get a letter from the court saying....... Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it. It is ordered that unless by 4pm on 16th July the claimant files an allocation questionaire the claim will be hereby struck out. :confused: What does this mean anyone ?? I wouldnt mind but they have held quite a bit of the money to pay a DCA for account sold and which is in dispute
  14. Arrh ! dont be daft, i dont mind Its got to be worth mentioning twice anyway
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  16. Hi all, just received a cheque today but not for the full amount. They have obviously given the DCA the rest, after me asking them not to. When i received the letter saying they were going to pay but would pay any outstanding balance first i wrote to them and asked them not to do this as i was dealing with the DCA direct and in actual fact the account is in dispute with them. Also i told them i would not discontinue the claim if they did this but they have. Any ideas ? Thanks all.
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  19. Thanks hun Thats great ! Wont be sleepin tonight so that will give me something to do xx
  20. I think you need to send the prelim letter first. This is what i did and what most people have done. Then when they write back with a c*** offer you then send the LBA. DD.
  21. Thanks BO, you are a treasure You'll be pink in no time The CB special will be great ! Dont alf miss him If my calculations are correct and i deal with these it will be DOBBYDOG 4 DCA 0 But hey, i wont jump the gun just yet ! xxxx
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  23. Hi all, Old Cap 1 debt, sold to Capquest, every penny is charges. Iv'e just claimed the charges back from Cap 1. There is now an outstanding balance with Capquest who i have requested CCA. Received yesterday an application form (assuming unenforcable ). Also Capquest have defaulted me for this with CRAs. Now then, do you think i could use the fact they havn't provided an enforcable CCA to my advantage, ie; to get a reduced full and final settlement and to get default removed ?? Any thoughts / Many thanks x
  24. Thanks everyone Its purely down to this site and i only came across it by accident when i googled the words Stautory Demand !!! I wonder how many thousands of people are out there that dont actually know they can do this Thanks again. Bookworm, good luck with the claim, but i think you know better than i do you wont need it;)
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