lowell/carter Claim form : co-operative bank visa card

[julesverne]

yes i own my home on a mortgage.

 

also I have been looking at the agreement. it states and whilst some parts are clearly illegible the APR is stated at 12.8% yet according to the SAR the interest initially is charged 10.95% (0.870%)and also there is no credit limit stated on the form. surely these prescribed terms should be correct and the agreement.

 

is there anything else i should look for in the sar request and on the agreement.

 

Also i have still not received a thing from bryan carter regarding the CCA agreement or acknowledgement.

 

should i contact the co op or pester bryan carter for the terms and conditions or both.

[julesverne]

I have been sleeping on this overnight personally think I have a chance of fighting this.

 

from your views on the forums do you feel the same.

 

 

it seems to me from the letters b carter have sent that they are just using bully boy tactics.

 

they have not even bothered repsponding to any of the letters i have sent requesting cca agreements ect.

 

what would a judges view be of this that they not responded to any of my requests?

if somebody has a spare could they have a look at the letters sent so far in pdf format and give a little of advice on how i should proceed.

 

thanks in advance.

[julesverne]

hi Guys, Im a bit stuck as to what my next move should be.

 

is it possible to re submit a new defence. or should i send a another letter to bryan carter stating i still havent received a CCA and that the request was sent over a month ago. along with the CPR request.

 

i would really appreciate your views on this and the pdf's posted as to what my next move should be.

[AndyOrch]

Hi jules apologies for the delay in responding.

 

Okay the responses are templates and meaning less to your claim...the point he offers a consent may be something to consider but you can negotiate a F&FS fig you dont have to accept the figure stated.

 

Using APRs and DSARS arguments are not good basis for a defence and are very rarely successful

 

Yes you can amend your defence but this requires an application with fee and also you would need the claimants agreement.

 

PS you have left your name on the bryan carter.pdf‎ (164.7 KB, 13 views)

 

Regards

 

Andy

[julesverne]

Thank you Andy, so in your opinion would you think it better to try and settle. which is fair enough. would there be any harm in sending them a letter asking them to comply with cpr 31.14 request before agreeing to mediation/consent order just to give me a bit of time to sort things

[AndyOrch]

If you are considering negotiation of a Consent then disclosure is meaningless...if you require time to get your house in order let the claim proceed...the consent should remain on the table throughout.

 

You wont force disclosure until standard disclosure is ordered by the court which is after allocation.Your defence has been accepted and now he is testing the water before deciding to proceed (allocation)so you test the water and start showing an interest in his consent.

[Guest]

jules

how did this turn out?

[julesverne]

begrudgingly settled for £40.00 per month (couldnt afford to let it go to courtand judgement go against me)

however my egg card claim was discontinued as they couldnt produce the signed agreement

and in 2 months (fingers crossed) another will be staute barred. so not all bad

[Guest]

cheers for updating. presume then was via a tomlin/consent order?

[julesverne]

cheers for updating. presume then was via a tomlin/consent order?

 

i believe so they sent a form for me to make an offer.

i offered the lowest i thought i could get away with on reflection i should have offered 30.

court approved it.

[SabreSheep]

to my knowledge no default charges have been applied to the account.

 

the consent is for debt, court & solicitors fees and the 8% interest they are trying to claim back.

 

the SAR Request from the CO OP is just reams of account payment information and a list of charges for late payment non payment

prior to me getting into difficulty.

 

 

 

OK so the defense is over

 

It may be worth calculating how much you could reclaim from the original creditor those Default charges PLUS Interest in restitution say of 24.9% compount interest on each charge.