Bryan Carter Issued Claim - Cap1 card - Prob All PPI & Penalty Charges - help

[frankey67]

Had a Cap one credit card

 

which was taken over limit due by their interest (limit was £200 and never spent more than that

and have never used the account for over 7 years but continued to make min payment until I was struggling).

 

Bryan Carter are now involved and have issued court proceedings.

 

Have rung them and they refused any offer unless i can pay the outstanding within 3 months which I can't as it has accrued so much.

 

I also have PPI on the Cap one account.

 

What is the best way to proceed please?

 

I am fairly sure that the charges and PPI on the account will be far more than I owe or at least pay most of it off

 

but who do I write to,

 

what do I do about the fact that they wont accept an offer and insist on taking me to court?

 

I haven't received the court papers yet but the letter they sent said I will receive within 48 hours.

 

Thanks for any advice

[Dipsy rabbit]

Have you begun to recover the PPI yet? I think you need to do that asap.

 

Also, put Bryan Carter on notice that you are disputing the account over the PPI. I don't think they can take you to Court because you are unable to repay the outstanding amount within 3 months - they have to negotiate what you can pay off and take hardship into consideration.

 

I'm not sure about the rules on the PPI refunding, but I thought all financial institutions concerned had to write to their customers about it. I may have misunderstood this. However, if you have been missold this then CapOne should be put on notice that they will be required to refund this and that this amount could have been used to repay the original debt.

 

Contact CapOne about the PPI - and don't let them fob you off.

[ims21]

In order to get your claims going for the PPI and the unlawful charges, do you have all of your account statements?

[frankey67]

I have received court papers from Brian Carter.

 

Do I reply to dispute due to PPI and charges and send this directly back to Bryan Carter as this is the return address not the court

[BRIGADIER2JCS]

The Court action is seperate from a PPI claim, never retirn court papers to Carter, always to the court.

 

You need toacknowledge service of the claim and state if you intend to defend, follow the instructions in the claimpack.

 

What are the particulars of the claim (POC)?

[frankey67]

They have said that I have failed the monthly installments which is true,

 

I spoken to them and asked them to accept a reduced figure

 

but the said they could only accept the full balance paid

 

or a 3 month settlement and could not stop the court proceedings.

[ims21]

Can you just clarify something please.

 

You day you have received court papers from Bryan Carter.

 

I take it you mean that they have been issued and sent by the court and have BC as the claimant

or do you mean literally that you have had them from BC?

[frankey67]

To be totally honest, I don't know who has sent them,

 

when I rang BC they said they had started court proceedings and that I had to fill in the court forms and send them back to them.

 

Capital One are the claimant and address for returning is Bryan Carter in Surrey

 

although it is in the Northampton court.

 

The POC says balance now due and payable,

 

defendant agreed to pay monthly installments under account number xxx

 

but has failed to do so and that the claimant claims interest

[frankey67]

Sorry, to add, in the signature of the claimant box the words 'bryan carter' is typed in

[ims21]

Might be an idea to post up what you have received.

 

Use this method by dx100uk

 

MAKE SURE YOU REMOVE ANY PERSONAL IDENTIFIERS FIRST.

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

[frankey67]

Thank you, I will try and upload it

[Bandit127]

If you cannot upload the document then you can type in some stuff we will need to advise you.

 

This might be quicker.

 

If you have a claim form, what court is it from?

 

There will be a section with the Particulars Of Claim in.

 

You can type these up here - but please make them word for word but with XXXs for account details and round the amounts claimed off.

[frankey67]

Thank you.

 

It is Northampton Court.

 

Particulars of Claim are:

 

The claimants claim is for the balance due under an agreement which is now all due and payable.

The defendant agreed to pay monthly instalments under account number xxxx but has failed to do so.

And the claimant claims the sum of xxx

The claimant also claims interest there on pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to xxx

 

Is there anything else you need?

 

This is for a credit card I had

 

with a 200 pound limit on it,

 

I didn't spend more than the 200,

 

i'm pretty sure but the interest took me over credit limit,

 

this has now spiraled with over limit charges and interest on top every month

 

a charge and then interest,

 

plus it has PPI on it.

[Bandit127]

OK. You have a legitimate claim. I have asked the site team to move your thread to the legal issues forum where you should get better advice.

 

Sadly, you have some work to do here. First is to defend the claim if you are up for it. The experts here can help with that.

 

What date was the claim issued and what date did you receive it?

 

I note that the POC do not state an account number or creditor.

[dx100uk]

have you ALL the statements?

if not SAR CAP1 PDQ by recorded delivery tomorrow

 

if you do

 

fill two copies of this in

 

one for PPI

 

one for every PENALTY charge [£12 or more]

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

 

thread moved to legal form.

 

dx

[frankey67]

Thank you both, dx100, you refer to a second spreadsheet, did you attach two as I can only see one. Hopefully someone will be around to advise what I should do in terms of responding to the court while I send the SAR to Cap 1.

 

Bandit, the date of the claim was the 6th November and I received it on Friday

[frankey67]

One further question dx100 please, should I SAR Cap1 direct or Bryan Carter as they are now dealing with this? Thanks very much

[ims21]

Use the spreadhseet linked in post #15.

 

SAR goes to Capital One.

[frankey67]

Thank you I'll get that away today and if someone could advise me how to respond to the court claim as I will need additional time I think since Cap1 have 40 days to send me the info?

[AndyOrch]

Hi Frankey

 

 

Whilst you prepare your spreadsheets and quantify the figures you must adhere to the time table re the summons.You have 33 days in total to deal with this.(5 deemed served so 28.14 to complete your AoS (acknowledgement of service) and if you are defending in full another 14 days to submit your defence.You can do this on line with MCOL and your username and password are on the summons..you will have to register first to use this service.

 

If you require any further information with regards to the claim make use of the CPR and section 78 request.

 

Regards

 

Andy

[frankey67]

Andy,

 

Thanks for your response. What is the CPR section 78 request please. I'm so sorry to ask loads of questions but I must admit I'm finding it all very daunting. Can I ask please, do I just at this stage need to acknowledge the claim and if Cap1 have 40 days to respond to my request then I'm going to be up against it on time

[AndyOrch]

Your DSAR will not be received on time in all probability so any defence would just refer to charges and PPI.The CPR31.14 can be sent for anything referred to in the particulars of claim.The section78 is a legal request for your credit agreement which must be complied with within 12+ postage time.

 

Regards

 

Andy

[Bandit127]

your DSAR will not be received on time in all probability so any defence would just refer to charges and PPI.The CPR31.14 can be sent for anything referred to in the particulars of claim.The section78 is a legal request for your credit agreement which must be complied with within 12+ postage time.

 

Regards

 

Andy

A more common term is a "CCA request".

 

 

 

A template letter for which is here (from the library):

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

[AndyOrch]

CPR 31.14 here :- http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

[frankey67]

I have sent the SAR and CCA off today, am I doing the right thing by defending this or should I just admit and claim retrospectively, I'm getting so very confused with all the jargon.