cap one/ bryan carter solicitors

[sillygirl1234]

Hi I need some advice on this please. I defaulted on my cap one card last year and its been passed around a bit and now bryan carter solicitors are threatening to take it to court. its for just over 1K and i am currently in the process of reclaiming mis sold ppi and unfair charges on this account. Thats why Ive left it really.

 

Any advice would be gratefully recieved.

 

Thanks

[Old Cogger]

if you have a claim in with crap 1 then send account in dispute to Carter

[Old Cogger]

try this one;- AMEND TO SUIT.

ACCOUNT INDISPUTE LETTER.doc

[sillygirl1234]

Thanks for that lets hope that sorts them but if they do go for a ccj then I can dispute it cant I on the grounds of claiming back mis sold ppi?

[renegadeimp]

Also remind brian of OFT guidelines and his obligations under the SRA. The good thing about this guy sis that he discontinues pretty much every claim upon a defence being filed.

[citizenB]

Thanks for that lets hope that sorts them but if they do go for a ccj then I can dispute it cant I on the grounds of claiming back mis sold ppi?

 

Yes, you would simply put in a counter claim if they were to try that on

 

For the moment, send the account in dispute letter.

[sillygirl1234]

Hi all, well the inks not dry on the in dispute letter for this account and ive come home from work today to find a claim form from northampton bulk center. so my question is basically what next? The company who are reclaiming the mis sold ppi have issued cap one with the claim for said ppi so do i use this as my defence? and how would I word the defence?

 

Thanks in advance

[renegadeimp]

You need to submit a defence, where Carter will run away fast and pass it back to the OC to deal with. Hold tight and someone will be able to advise on the legalities.

[citizenB]

Can you please let us have some details of the claim.

 

What is the issue date - top right hand corner of the claim - then we can work out your timeline.

 

What exactly has carter said on the claim form - the reason the claim has been issued ? Then we can work out what you need to ask for by way of information and what your defence is. Although, I would have said it is pretty straightforward.

 

You are not denying that you entered into an agreement, however, both Capone and Bryan Carter were aware of the mis sold PPI / dispute and far from waiting on this to be repaid whereby they are more likely to owe you money. They have decided to issue a vexatious claim.

 

If you can give me the information requested.. then we can move forward.

[sillygirl1234]

Hi thanks

 

Claim issued 13th March.

 

It says the claiments claim is fir the balance due under an agreement which is now all due and payable. The defendent agreed to pay monthly instalments under account number ******* but has failed to do so. They also claim interest of 8% etc.

[citizenB]

Typical Bryan Carter PoC.

 

He makes no mention of any default date ?

 

I will ask andyorch for some advice.

 

 

He has not mentioned any documents in the claim, so you are unable to make use of CPR 31.14 although you could make a CPR part 18 request for information. I will work on that over the weekend for you so you can post on Monday. Your timeline is as follows.

 

Date of issue - 13 March 2013 + 5 days for service = 18 March 2013 + 14 days to acknowledge = 01 April 2013 + 14 to submit defence = 15 April 2013 (33 days from date of issue).

 

You must ensure you acknowledge the claim online by the latest 1st April - although as that will be the Easter Holiday Weekend, you should I think, acknowledge by the 28th March.

[sillygirl1234]

Thanks CB

 

No mention of anything else apart from what I put, very vague

[citizenB]

Thanks CB

 

No mention of anything else apart from what I put, very vague

 

Typical BC claim, sadly.

 

Unfortunately, people who dont know what he is like are at a distinct disadvantage to receive something like that. Shame for him, that we know what he is like and what can be done

[citizenB]

Do you have any idea what the value of your PPI claim is likely to be ?

[sillygirl1234]

Hi CB, the amount owing is £1100 and Ive had account since 2004and paid ppi since it was opened so Could be anything

[citizenB]

hi SG1234.. I am reliably advised, that with such a rubbish claim you should ask BC to replead his case. You could do this straight away, acknowledge the claim and submit the following at the same time as your defence.

 

 

The Defendant takes issue with the Claimants pleadings. The Claim is a Bulk Centre

claim, however, the rules on pleading apply even to the Bulk Centre and

furthermore the Bulk Centre rules and guidelines state that if you cannot

properly particularise the claim in 1024 characters then you should not use the

Bulk Centre to issue the claim. The Claimants pleadings amount to circa 240

characters, leaving at least 780 characters available for the Claimant to plead

adequately.

 

The Defendant is embarrassed by the Claim, which faces

him.

 

 

Edited March 18, 2013 by citizenB

[citizenB]

I am a little concerned that you are using a Claims Management Company to deal with your PPI claim.

 

You realise you will lose a portion of any redress for their costs, arent you ?

[Old Cogger]

I am a little concerned that you are using a Claims Management Company to deal with your PPI claim.

 

You realise you will lose a portion of any redress for their costs, arent you ?

 

up to 30%, the easy way I found was that:- Banks etc if you have a claim thru claims company etc, and you drop the company you are using then they paid out after to let them know the claims company has been sent away, THAT HAPPENED TO ME.?

[sillygirl1234]

Hi CB and thanks for your reply. Is that all I need to put as my defence? Nothing about mis sold ppi etc?

[citizenB]

Hi CB and thanks for your reply. Is that all I need to put as my defence? Nothing about mis sold ppi etc?

 

Just that, nothing else.

 

If and when there is response then you could include it then - however, hopefully your claim will be resolved by then and any redress will automatically be taken off the debt.

 

The way things are with the claim at the moment, you dont really know the reason why they have issued it!

[sillygirl1234]

Hi CB Ive acknowledged service of this today online and also put in the defence as above. I will keep you informed of any developments and thanks for your help so far. Lets see what they come up with now

[citizenB]

Excellent - the next step is whether BC will continue with the claim on behalf of Capone. If he does, then you will be informed by the court.

 

It might be worth you investing £10.00 and sending a Subject Access Request to Capone - they are obliged to respond within 40 calendar days, so you might just obtain information before anything else kicks off.

 

There is a draft letter in the CAG library, which is highlighted in green at the top of each screen. It is a request for ALL data that Capone have in connection to your financial relationship.

[sillygirl1234]

Ok thanks i ll have a look at that. What impact, if any, will the PPI claim thats gone into capone have on the claim?

[citizenB]

Ok thanks i ll have a look at that. What impact, if any, will the PPI claim thats gone into capone have on the claim?

 

If capone sort the PPI claim out first then the redress will almost certainly be applied to the outstanding balance. It all depends how the redress is as to whether it will wipe out the balance or not. Even so, the Court claim will obviously be incorrect.

 

TBH, this is something you cant really anticipate as you personally have no knowledge of the amount being claimed.

 

I think you also need to factor in the charges the CMC will bill you for. If the redress is paid directly into the account and doesnt cover the outstanding balance - the CMC will bill you directly.

 

This is something that people need to take into account when using CMCs where there is a balance o/s on the account.

[sillygirl1234]

Hi just an update on this

 

Ive recieved an allocation questioaire today which needs to be returned to northampton by 29th april.

 

what should I do next?

 

Thanks