Jump to content


Carter claimform - old Cap1 card **SETTLED BY TOMLIN**


emmaf01
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4728 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Sorry, stray &. Sorted now and embarrassed defence in and showing on the case notes. Thank you everyone for your help.

 

Still no call or email from BC. How normal.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

  • Replies 238
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

So we got a letter through from BC today, delivered 2nd class and dated 15/10. It says

 

Thank you for your communication regarding this account. 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

 

What on earth? They can't just put the account on hold when the court process has begun and I bet they would have tried for a judgement if we hadn't put a defence in.

 

The only communication before the 15th was the CPR31.14 which they got on the 28th when they put the hold on. To then wait two weeks before writing anything and then send it 2nd class so it gets here on the day the defence should be in?

 

I thought they needed to agree an extension while the court process in in motion. Not just fire off this stupid letter. All a bit suss to me.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

You could respond Emma and invite them to issue a Notice of Discontinuance in this instance, as they are fully aware that they have commenced litigation.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

That's a thought. The letter reads like the ones I got when a DCA (without any court proceedings) was faced with a CCA request. Not a solicitor in a court action.

 

They can't just place the account "on hold" when there are court timetables to follow. They are supposed to ask us if they want more time so we can agree to it and inform the court. This letter seems to prove they haven't done any of this.

 

And proves they don't have any paperwork as yet for the case they have initiated.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

And proves they don't have any paperwork as yet for the case they have initiated.

Like most unprepared, but then again how dare you defend it and then inconvenience them asking for paperwork:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

We should have just seen the words "Bryan Carter" and rolled over, begging for mercy.:)

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

ahhhh. Poor old Bryan :violin:

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

Did I ever mention how much I love CAG? When the court papers landed I didn't think I'd be laughing about it a couple of weeks later.:)

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Another day, another (contradictory) letter.

 

In this one, they say they don't have to comply with CPR31.14 request, due to the case probably being allocated to the small claims track.

 

"Further it is the policy of the claimant to issue an agreement at the point of contract and statements periodically throughout the duration of the account so the documents you require to defend the claim have previously been provided to you. In any event we have requested reasonable documentation form our client and will revert to you in due course.

 

We will not be requiring an extension from you or the court. We recommend that you file your defence or request an extension of time to file the same"

 

Letter dated 19th, with a first class stamp on the envelope, arrived today. Can't read the postmark unfortunately. Any spelling mistakes are theirs not mine.:)

 

So I was right, definitely playing games. Account on hold on the 18th, but not on the 19th according to BC.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

SO as the claim has not been allocated, do I send a CPR31.15, though they have said they are awaiting documents? I'd love to pull them on this mess of letters this week.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

They are wrong – and they are deliberately telling you a blatant untruth/economical with the actualité/porkies/call it what you will. It’s a lie... however you look at it.

 

Only the judge can decide the track; until AQs are filed and a judge allocates the track, the claim is trackless and effectively multi-track – therefore CPR31 most certainly DOES apply. You may want to write back and point this out, and remind them that their 7 days are up.

 

You will use this at the AQ stage – pointing out that they have denied you the benefit of CPR31, and that you require a court order that they produce the documents which they should have had in their possession when issuing the claim.

 

Carter, you are a prize tosser.

Link to post
Share on other sites

"Ignorance Without Limits" should go on his letter heads. Just a suggestion.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

Link to post
Share on other sites

It is nice that they are providing us with wonderful letters to copy and include. Very helpful.:)

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

  • 3 weeks later...

SO back for AQ time. Still no documents from Bryan, so that will be in my draft directions. Going to do my reading this week. I need to include-

 

Vague POC

s69 interest added even though not allowed on CC agreements

no documents

charges included in total

 

I'll read for the next couple of days before I make a start. Does anyone have any other ideas to throw in the BC bucket?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

I'm a bit frightened by pt's thread about the problem with embarrassed defences and having some difficulty with the AQ.

 

As I am not going the "normal route"- there are no issues as far as I can see with either the agreement or the default notice- but our main points are the charges (and any interest charged on the charges) and the s69 interest.

 

We do want to pay back to Cap1 the rest of the money owed. We aren't trying to shirk the actual debt.

 

We battled repeatedly with Cap1 over the charges throughout the life of the card, taking them to court and getting the charges up to then refunded. Then they whacked on more charges while I was too ill to do anything and my husband was too busy caring for me to do more than say he disputed them. Not the greatest situation. Then they closed the account.

 

What we want from this process is to get the charges (and BC's attempt at s69 interest) removed and the pay back the rest on terms we can afford. Not exactly the most electrifying of objectives but doesn't bother us.

 

With the ED we put in I did put these two points in. It wasn't just a "got no documents". It was charges, s69 not allowed and we can't get the documents to plead fully as far as I managed to cobble together. I hope this doesn't mean we will be stung by their fees. Especially when we have the two letters from BC saying "action on hold" and then "action not on hold but we are waiting for docs from our client" withing a couple of days.

 

I'm now really scared about these costs.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Don't know why I bother posting anything before the postman arrives. He's just delivered the docs requested from BC and a copy of their AQ.

 

So now the AQ I've looked at is a non-starter.:(

 

Does this mean I don't have to do the draft direction- I have copies of statements, etc. They have ticked NO for mediation.

 

The letter with the AQ states-

 

"We enclose reproduced copies of the notices served, copy statements together with copies of the original and current agreements relating to your account clarifying your liability in this matter.

 

Please forward your payment proposals to our offices withing the next 10 days, failing which we will pursue through the court for the full outstanding balance plus further costs"

 

So if I clarify the amount of disputed charges, is that what I need to clarify for the AQ? I'm getting a bit befuddled with all this right now. They seem pretty confident that we should roll over now. I've been focussed on getting the docs. Now we have them I'm urgh.

 

Plus we have the names and claim numbers of two other cases which they have kindly included for us. Nice to know Mr ***** and Mr ******** are also being pursued.:)

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Why is their AQ a non starter Emma what are their proposed Directions or applications if any?

What are their estimated costs and proposed track?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I think you should copy those documents for other people and send the originals to the ICO with a complaint. Should cost Barclays a few hundred quid at least to deal with it.

 

What exactly have they sent? Proper copies or reconstructions?

 

Can you scan and post things like DNs?

Link to post
Share on other sites

The other people's details are just names and claim numbers- thankfully for them. I do hope Mr Carter hasn't sent ours to them!:)

 

Their AQ is minimal. No to Settlement and location of hearing. Yes to small claims track. Witnesses left blank. No to experts and no dates they can't make it to court.No other information . No to fee attached. That is all they have sent by the looks of things.

 

The copies sent are clear and legible. The agreement is signed and dated- no problem there.

 

Default notice is included- I can't scan at the moment as scanner is not working. Our issue with the DN is just the amounts contain the disputed charges. Statement of Default included dated 33 days after DN- same issues about the charges included in amount.

 

Basic statement information- sums in and out including charges. Terms and conditions which seems to match the ones we have from the beginning of the account.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

The DN is not exactly the same- different reference numbers, typeface for name and address, no barcode, etc. But the amounts, wording and giving us 28 days are all the same. Really it's only the charges (and their interest on them) in the amounts that we can argue with.

 

The agreements are alright as well.

 

I've now gone through the charges amounts and it is just under a third of the amount claimed- minus BC's spurious s69 interest/fees/etc.

 

So do I just complete and send the AQ without draft directions. Or do I think of new things for draft directions. It really looks like they have done nothing more on their AQ than tick the boxes and send it back.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

I haven't actually done a counterclaim yet! I had to wait for the information from BC before I could get exact figures. I've got to x amount which includes the interest on the charges added by Cap1. Then I need to add s69 but I can't remember when to start this off from- 8% from the date of each charge or 8% on the charge plus their interest from the date the account closed.

 

I didn't realise receiving post from BC would mess my head up so much.

 

So can I now start a counterclaim even though I didn't when I did the AOS. Or do I start a new claim against Cap1. Befuddlement city.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...