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Bryan Carter, Capital One and A County Court Claim


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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.

 

If you don't get confirmation then go with the ED. It doesn't have to be too specific as long as it's saying that you will submit your full defence as soon as BC comes up with the requested info - say 14 days thereafter or words to that effect.

 

M

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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!!

 

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Does anyone have an email address for BC? Trying to get it out of them is like pulling teeth!

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. .

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They have sent stuff out from

 

[email protected]

 

Suggest you ask for confirmation of receipt.

“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.

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Any ideas what to include in the email- do I mention the dreaded "abuse of process" and that I find their behaviour deliberately obstructive?

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. .

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Any ideas what to include in the email- do I mention the dreaded "abuse of process" and that I find their behaviour deliberately obstructive?

 

Probably a waste of finger energy lol. Just try for the extension agreement for now.

 

Some wording for your ED if all else fails.......

 

 

x. The Defendant respectfully requests the leave of the court to amend this defence if and when the Claimant provides sufficient information for the Defendant to do so.

 

 

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!!

 

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Thanks for that, M. ED amended.

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. .

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M and DonkeyB, I've sent you PMs to have a quick look at if that's ok.

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. .

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Due to an accident of button clicking, I've sent BC the email already. I am an idiot at times.:( Hopefully it's not to illiterate for them to understand.

 

Now I wait with baited breath for a response....

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. .

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If no answer soon then ring BC again!!! And again if necessary!

 

Nearly there :-)

________________________________________________________________

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!!

 

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Well I have got this.:)

 

Thank you for your enquiry. We will let you have a substantive response either by email, telephone or letter within 5 to 7 working days. If your enquiry is complex or you need to enclose documentation then please write to us at -

 

 

 

Bryan Carter Solicitors

 

11 De Havilland Drive

 

Weybridge

 

Surrey

 

KT13 0NT

 

 

 

If your enquiry is urgent then you may prefer to telephone us on +44 (0) 845 313 3123.

 

 

 

Please do not respond to this email as it is an automated response.

 

 

Please note that the content of this e-mail and any attachment(s) is/are strictly private and confidential and may be the subject of legal privilege. It is for the exclusive attention of the above named addressee(s) and must not be communicated to any other person. We reserve our right to take appropriate action against any person in respect of its unauthorised use.

 

Whilst we take every effort to ensure that this message is virus free we cannot guarantee that this is the case. It is the recipients

responsibility to carry out such virus checks as it deems necessary. We cannot accept any responsibility in this respect.

 

If you are not the intended recipient or the transmission appears to be incomplete or illegible we would be grateful if you would please

notify the sender by return of e-mail and destroy the original message.

 

Thank you for your co-operation.

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. .

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I would send a covering letter to the court stating that you have allowed them an extension but if they still don't comply then the whole case should be automatically struck out with no leave to appeal on claimant's side.

 

Also claimant should not re-enter a fresh case without having the correct paperwork at time of re-issuing (something they may try a few months down the line....)

 

If they do try and re-issue all you do is cross reference the original case and bye bye Uncle Bryan...

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If your enquiry is urgent then you may prefer to telephone us on +44 (0) 845 313 3123.

 

 

I'd say another call is needed. Ask them when they're likely to respond.

________________________________________________________________

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!!

 

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If they don’t tell you IN WRITING (by email) today that they require an extension of time, then get your embarrassed defence in. You could call them and ask if they want it, but I wouldn’t do that unless you can record the call so you have proof.

 

One reason for allowing them an extension is that you are showing your are being reasonable. If they then fail to come up with the docs in time, you can go straight for a strike out and wasted costs.

“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.

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No response as yet. I've got to go out so if I haven't had anything by the time we get 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. .

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There’s also a fax number available, which I could dig out if you have a fax machine to hand.

“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.

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No response. Can't get a straight answer when we ring and no answer to the email.

 

Embarrassed defence in tomorrow then.

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. .

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No response. Can't get a straight answer when we ring and no answer to the email.

 

Embarrassed defence in tomorrow then.

 

Looks that way. Gives you an insight into the workings of BC. Certainly not to be trusted.

 

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!!

 

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Share on other sites

Do I just cut and paste it on the MCOL site? Then do I have to send a copy 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. .

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You don’t send BC anything; the court does that. He wouldn’t read it anyway, as you know.

“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.

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Every time I input the defence into the box in MCOL it says it has invalid characters and won't let me input it. What am I doing 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. .

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Don’t know – you may have to rekey it.

“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.

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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. .

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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. .

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But you were smart to their ways! You’ll never take me alive, Carter!

  • Haha 1

“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.

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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

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