Jump to content


Bryan Carter, Capital One and A County Court Claim


emmaf01
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3761 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

No I'm still lost. So I send them a letter quoting CPR18- is there a template somewhere I can pick apart?

 

Or do I send CPR18 to the court, asking them to order BC to produce statements, amount borrowed, amount paid into account by us, amount of charges, credit agreement, notice of assignment- plus anything else anyone can think of?

 

And is the CPR31.14 letter above alright to send- it seems to have a lot on it which isn't strictly mentioned in their POC.

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 133
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Well I got the CPR31.14 off.

 

I still don't understand the CPR18 so I haven't done it yet- if anyone can point me towards some explanations as I haven't found one I understand during my reading over the last couple of days?

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've received the CPR31.14. Signature printed out.

 

Now I've found the CPR18 which I understand- do I send it to Cap1 and BC? Can anyone have a check- it seems to be relevant to both, especially for Cap1 and the charges- it would be good to note if they showed how many times we told them the account was in dispute due to the charges while they defaulted us.

 

REQUEST FOR INFORMATION - CPR part 18

 

I have received a recent court claim from your organisation. In order to file a Defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

c. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

d. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

e. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

f. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

g. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a Defence and counter claim.

 

 

 

 

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

  • 2 weeks later...

Still nothing from Mr Carter, so we'll be looking at sending a CPR31.15, 18 and an embarassed defence. Oh joy.:(

 

I've spotted a possible ED which may fit, plus it contains stuff about the charges we have repeatedly disputed including putting in a CC claim, which Capital One paid up for. Of course then they started adding more charges again.

 

 

  • I, ********** of ************** make this statement as my defence to the claim brought by **************
  • The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system
  • No documents supporting the claims in the particulars have been offered and despite a request to the claimant for further information none has been forth coming and as a result I cannot plead in defence to the claim
  • The claimant pleads that the claim is brought under a regulated credit agreement regulated by the Consumer Credit Act 1974, yet the claimant claims statutory interestlink3.gif which the claimant should surely know it is not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) in particular section 2 (3) which expressly prohibits such an award.
  • The defendant contends that point 4 in itself amounts to a clear abuse of the process as the claimant would know the law and is trying to bring a claim for monies which it is not entitled to and knows that this is the case
  • Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit
  • Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

and if I combine it with something about the charges being unlawful and therefore the DN contains these charges?

 

I'm trying to track down a defence I can look at which refers to the charges but I can't find it at the moment. I've only got a week to pull this together so if anyone has spotted a defence with these points can you shout out ... please?

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

can I bump this- I think I've got the panic tonight, sorry.

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 only have a couple of days to send in the defence for this. Has anyone got any ideas? I feel like I am doing this on my own and really don't know what I'm doing.

 

Can someone please help me? I know we can say there is a problem with the account being disputed because of the charges, but I keep looking and can only find stuff about default notices which doesn't count in our case. I don't know where to find the info on this and Bryan Carter hasn't even responded to our 31.14.

 

With his POC being so short and his adding s69 interest I am fuddled on what to write. I need to have an idea what to write about the charges making the amount wrong.

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 need to get this done today to get it in before the defence deadline. Can anyone help? I can't find a defence which mentions credit card charges, Bryan Carter hasn't sent anything in response to the CPR31.14 and I don't know what to do.

 

Can anyone point me in the direction of a defence which mentions charges?

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

Do I need to put in anything about the charges, or do I just put in an embarassed defence and a note about the s69 interest? I don't want to nobble us by trying to put in too much but I'm really confused.

 

Can someone help?

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

Okay, this is the defence I have so far- cobbled together and not containing anything about charges.

 

 

 

1. I xxxxxxxxx am the Defendant in this action & I am a Litigant in Person.

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

(a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or preceding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method by which the Claimant calculated any outstanding sums due, the details of any default notices issued or any other matters necessary to substantiate the Claimant's claim.

 

b) A copy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served

 

4.On 27th September 2010 the Defendant submitted a request under CPR31.14 for a copy of the agreement and any other documents which the Claimant has used to support how the claimant has arrived at the sum claimed.

 

5. The Claimant has not responded to this request.

 

6. The Claimant has failed to provide an agreement, a complete statement of account, neither have they provided a method or statement as to how the sum claimed has been calculated

 

7. The claimant seeks to claim interest of £xxx and also interest pursuant to Section 69 of the County Courts acts 1984. The defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) Section 2 (3)(a) which sets out that this is the case where a claim is in relation to a debt regulated by the Consumer Credit Act 1974

 

8. The Claimant’s entitlement to payment of the sum of xxxx and to interest is denied.

 

 

Statement of Truth

I, xxxx, believe the above statement to be true and factual

 

Signed:

 

Date:

 

 

What does anyone think? Please?

Edited by emmaf01
oops

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

[/font]If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

......................and Bryan Carter hasn't even responded to our 31.14.

 

.

 

Hi emmaf.

 

Did this bit ever happen? If BC hasn't responded to your CPR then you can agree an extension giving you (upto) a further 28 days to submit your defence,

 

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

Version 2, with some tweaking-

 

1. I xxxx am the Defendant in this action & I am a Litigant in Person.

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

(a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or preceding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method by which the Claimant calculated any outstanding sums due, the details of any default notices issued or any other matters necessary to substantiate the Claimant's claim.

 

b) A copy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served

 

4.On 27th September 2010 the Defendant submitted a request under CPR31.14 for a copy of the agreement and any other documents which the Claimant has used to support how the claimant has arrived at the sum claimed.

 

5. To date the Claimant has failed to comply with my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially as I am a Litigant in Person.

 

6. The Claimant has failed to provide an agreement, a complete statement of account, neither have they provided a method or statement as to how the sum claimed has been calculated.

7. The amount detailed in the Claimant’s claim includes penalties charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Limited v New Garage and Motor Company Limited [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999.

 

8. The claimant seeks to claim interest pursuant to Section 69 of the County Courts acts 1984. The defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) Section 2 (3)(a) which sets out that this is the case where a claim is in relation to a debt regulated by the Consumer Credit Act 1974

 

9. The Claimant’s entitlement to payment of the sum of xxxx is denied.

 

Edited by emmaf01

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

BC has not replied at all to our 31.14 request- no response at all. How do I request an extension? I thought I had better just get in a defence before the deadline in 2 days?

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

BC has not replied at all to our 31.14 request- no response at all. How do I request an extension?

 

Quickest route possible at this late stage! It goes against the grain a bit but call BC now - see if they want the extension as offered in your CPR 31.14 request.

 

If so, get them to confirm it - I'm sure they can e mail you something.

 

Then it's up to YOU to inform the court. It must be in writing (with BCs agreement to it attached).

 

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

But they haven't said anything about producing the documents for us. Is this a better idea than putting in an embarassed defence or should I put in the ED and request an extension from BC? What if they say they won't produce the documents anyway as they have shown no sign of doing so up to now?

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

Right, phoned BC who say the matter has been referred back to Cap One for the documents. They SAY they have notified the court of this and the claim has been suspended- when I asked why we have not been told of this , they say the court should have notified us?

 

No I am befuddled - to defence or not to defence. I don't trust them. Off to the court website.

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

Nothing on the court website. On to the telephone.

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 cannot ‘suspend’ a claim. It is either a time extension, a discontinuation, or else they are trying to trick you into not entering a defence so you get a default judgment against you.

 

If you must talk to Carter on the phone, record the call. Having that on tape would have been dynamite.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

Link to post
Share on other sites

But they haven't said anything about producing the documents for us. Have they said that they won't? You offered the extension in your 31.14. They haven't complied and TBH they should have contacted you and asked for it. But they haven't and now you're being very reasonable by reitterating that offer :roll:

 

Is this a better idea than putting in an embarassed defence or should I put in the ED and request an extension from BC? The courts are clogged with EDs. Again, you're showing how reasonable you are by giving them the extra time even though you don't have to! Once you've submitted your ED the extension won't be an option. Your case will (should) advance to AQs and be moved to your home court. Next real opportunity to get the info will be draft directions for the court to use submitted with your AQ and your revised defence 14 days or so thereafter.

 

What if they say they won't produce the documents anyway as they have shown no sign of doing so up to now? Again, get it in writing. Won't look good on BC. Then all you can do is submit a ED.

 

If BC plays ball then your defence submission can be delayed by upto another 28 days from the current due date.

 

If BC still doesn't come up with the goods then you can start looking at making some applications of your own - specifically to get his claim struck out.

________________________________________________________________

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

They cannot ‘suspend’ a claim. It is either a time extension, a discontinuation, or else they are trying to trick you into not entering a defence so you get a default judgment against you.

 

If you must talk to Carter on the phone, record the call. Having that on tape would have been dynamite.

 

Yep. I smell a rat here! Only the defendant can confirm the extension with the court. I agree totally with DonkeyB.

 

As they have already 'agreed' the extension get it confirmed by e-mail NOW!

 

THEN confirm it with the court.

 

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

The court say they have received nothing from Bryan Carter! I had heard about this sort of thing.:(

 

BC say there is a "solicitors hold" on the account. ?????

 

First person OH spoke to said they did not need to notify me, Cap1 did. XXXXXXs! They have referred back to Cap1 for documents- shouldn't they have had them to bring the claim?

They then said they had notified the court- see previous XXXXXX.

 

Second BC person spoken to had no clue- "solicitor's hold" on account and they will have to contact someone more senior to see what is going on. They have not contacted us or the court about this. I'm getting a blinking defence in unless I get something in writing.

Edited by emmaf01

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

BC say there is a "solicitors hold" on the account. ?????

LOL. This is rubbish!

________________________________________________________________

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

I feel BC are trying to pull a fast one. They have admitted they don't have the documents and have had to refer back to Cap1, but have not contacted us or the court.

 

Do I put the defence in quickly? If not they can go for a judgement.

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 wish we could have recorded that call! Both calls made no sense- the first said they didn't need to contact us, just the court who they said they had contacted. They haven't.

 

The second said it had been put on hold on the 28th. But no-one contacted us at all. They are supposed to be getting back to us to clarify what is going on. I am not holding my breath.

 

Can someone say if our defence is alright- if they haven't given us anything in writing I want to get that in asap.

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

Get them to confirm their agreement to the extension to you NOW.

 

If not, you will have to submit your defence.

 

BC always hopes for a win by default. If he doesn't get it then it's 50/50 whether or not he'll carry on,

 

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

Perhaps email Carter asking if they require a 14 day extension to produce the required documents. Make clear that you will be entering an embarrassed defence otherwise. Tell them you require their request by return. In this email, confirm back to them (in writing!) what they have said to you on the phone – if they don’t counter this, then that’s corroboration and acknowledgment of the content of the phone call.

 

If they ask for the extension, confirm by email to Carter then write to the court by special delivery; copy in Carter.

 

It’s important to keep an audit trail for this; if they discontinue, irrespective of the track, you can claim costs as you would easily be able to show they have behaved unreasonably.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...