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Melbourne99

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  1. What happens if the court agree with Mr Carter?
  2. I have got all the statements that were sent to me and the last payment I made to Co-op was 27th March 2008, I heaven have a reference number. The last statement I received from them was 6th January 2010. So what is Bryan Carter on about the default date. I haven't made a payment for over 6 years or admitted liability. Does this mean I will not be able to use statute barred on the claim form.
  3. Ok, I have received a reply from Bryan Carter Solicitors quote: Thank you for your letter dated 1 September 2014. We confirm the limitation period runs from the default date, in this matter being 12 November 2011, therefore the account is not statute barred. This was seen in the case of BMW Financial Service (GB) Limited v Hart [2012] EWCA Civ 1959. It is the Original Creditor's policy to provide Agreement's at the point of contract and statements throughout the duration of the contract and your client should refer to her own records. As you will be aware a Claim was issued in this matter on 3 September 2014. Please respond to the claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default judgement being entered against you. We recommend you seek independent legal advice. So what are my options now?
  4. It was in my name but he was additional card holder. All the purchases were made on his card.
  5. Sorry that should be 2012 not 2002 and it came from Horwich Farrelly not Lowells. I asked for proof and they sent back the signed CCA
  6. Only goes back to October 2013. States that the default was 12/11/2011
  7. Need to check the CCA request. Ex hasn't paid it as I don't even know his address, so he would' have passed it on to creditors. The debt shows up on my credit file
  8. I have already sent a CCA request to Lowells. I know the last payment I made was March 2008 as I used to pay monthly and write it on the statement.
  9. The claimant is Lowell Date of issue is 04 Sep 2014 The claimants claim is for the sum of 1569.72 being monies due from the defendant to the claimant under the Consumer Credit Act 1974 between the defendant and the co-operative bank under account reference ........ and assigned to the claimant on 23/01/2013 notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. The claim includes statutory interest persuade to S.69 of the County Act 1984 at a rate of 8% per annul (a daily rate of 0.34) from the date of assignment of the agreement to date but limited to a maximum of one year amounting to 12.73. This is for a credit card which was taken out with the Coop in 2003. I don,t recall a notice of assignment or a default notice being sent to me, just letters telling me to contact Lowell. As the debt is in my married name and I have reverted back to my maiden name, I don't always open mail in my married name, as it is usually just junk. I ceased payments in March 2008 as the divorce monies we're settles and this debt was my ex husband's, not mine. There was no dispute with the creditor and while my divorce was being settled I did enter into a debt management plan with the original creditor.
  10. The last payment I made was in March 2008 which I believe makes me SB.
  11. I received a letter from Bryan Carter Solicitors threatening Court proceedings because I hadn't paid Lowell who were chasing a credit card debt of £1569 on behalf of The Cooperative Group. The credit card debt, although in my name, was racked up by my now ex husband along with lots of other credit cards! We divorced in 2007 and the last payment I made was March 2007. Since then I have been chased a couple of times by letter and phone, but nothing excessive. I was contacted by text a couple of times a couple of weeks ago by Bryan Carter, so last week I wrote to him/them using the statute barred letter, however in the meantime I have received a Claimform. What should I do?
  12. There does not appear to be any information regarding PPI so I don't think PPI was added. What does a SAR involve?
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