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


julesverne
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hi guys,

when submitting my defence can i attach copies of letters i have already sent.

for example the CPR 31.14 request and request for info that i have sent.

or is it enough to just say that i have sent those requests.

 

my other defences are:

 

that i have not received a letter of assignment from lowells plenty of threatening letters and telephone calls though.

 

can i mention the amount of letters calls in general re this debt.

not just from lowells but also from previous DCA's chasing on behalf of co op.

 

my reasoning being that lowells have purchased the debt

so they purchased the history of the debt and past actions good or bad.

 

they have not responded to any of my requests eg CPR 31.14 and requests for info.

 

i am going to be submitting this tonight because as of tomorrow

i will be working away for 2 weeks and will unlikely to have access to internet connection.

 

any help would be much appreciated due to my lack legal knowledge.

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hi guys, when submitting my defence can i attach copies of letters i have already sent. for example the CPR 31.14 request and request for info that i have sent. or is it enough to just say that i have sent those requests. enough to say atm, can attach and disclose later if continues

my other defences are:

that i have not received a letter of assignment from lowells....yes, they'll need to show assignment.

can i mention the amount of letters calls in general re this deb.not just from lowells but also from previous DCA's chasing on behalf of co op. .... can do, but that can be done in witness statement later?

they have not responded to any of my requests eg CPR 31.14 and requests for info. yes, briefly mention, as above.

 

........

 

have a read around re types of defences used. the civil procedure rules provide info re a defence, eg part 16.5

post up yr defence prior for input

include non compliance with statutory cca request

was a default notice required? if so, then they need to show that one was issued and was compliant. include that if applicable?

bump also for further input :)

IMO

:-):rant:

 

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Hi Jules, I will ask andyorch to look in on you - as Ford has said, at this point you dont need to attach anything, you just need to refer to them.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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this is what i have written so far. i really dont think it sounds that good.

 

 

i wish to defend the claim on the following grounds/points.

 

I have not been sent of copy of the signed agreement the statement of account.

 

I have never received notice of assigment from lowells regardng them purchasng the debt.

I have asked if these were sent by recorded delivery but i have not had responce from them at all regarding this

 

i have sent a CPR 31.14 request to Bryan carter by royal mail special delivery tracking no.ADxxxxxxxxxx to which they have not responded

 

I also consider the amount of letters and phone calls I received regarding this debt as harassment even though on numerous occasions

when they have rang i have requested all contact by telephone

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That will not be acceptable, Jules.

 

I will try and find a link to something more suitable.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks citizenb

 

But i have already sent it in last night i had to do it as like i said earlier im working away so not sure if i can access mcol. But as i have submitted defence i dont think i will be able to modify my defence. Will it make a difference to the decision to transfer to county court.

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Try to get back into the defence screen and see if it will let you amend...if not ring CCBC and explained the wrong defence was submitted...they will advise.

 

Andy

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Looks liked im screwed then just about to board plane as im working abroad for 2 weeks as its a job offer i couldnt refuse hence why i needed to get defence in last night. What will be will. Are there options available once i get back. i dont get back till 24th march.

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Is there no internet at your destination or telephones....advice as per above

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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this will def be my last post for a while If worst comes to it and i get a judgement against me can i still make on offer on my debt to lowells to pay in installments. Im pretty much scuppered otherwise. But i will try and find a tinterweb connection

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You never know the defence you submitted may be accepted....so see what transpires.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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..... Are there options available once i get back. i dont get back till 24th march. if unable to amend defence prior, then could do so after but with the claimants permission, or if not then the courts permission (on application)

 

this will def be my last post for a while If worst comes to it and i get a judgement against me can i still make on offer on my debt to lowells to pay in installments. Im pretty much scuppered otherwise. But i will try and find a tinterweb connection yes, can request an instalment order in consideration of yr means. or, if able to pay in full within 28 days after judgment a ccj would not appear on the judgments register/cra file.?

 

:)

IMO

:-):rant:

 

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  • 3 weeks later...

Hi Guys , thankyou for your help i really haven't helped myself having to work and my lack of legal knowledge.

 

i have been away i have received

 

SAR request from the CO OP,

 

letter from county court acknowledging my defence and that bryan cart has been notified

 

2 letters back from bryan carter .

 

1st letter stating client intends to go ahead with action but is open to mediation.

 

the second letter looking to settle out of courts by instalments

but threatening to apply for my defence to be struck at hearing if i go ahead.

 

i will first post up the cca but

 

it looks more like a application form to me.

 

also no terms and conditions came with it.

 

i will post up the cca/application. t

 

hen when i have a minute i will post up bryan carters letters.

 

i have taken out my details .

 

i would be grateful.

 

if you could cast your eyes on this and give judgement.

 

im just setting my scanner up again to scan other letters in for your to look at.

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you need to PDF the attachments

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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if you cant click on them and see them we cant.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Jules, dx is correct, you need to convert your docs to pdf format so we can see theM)

 

Aside from that.

 

The 2 letters from BC are pretty standard - you would be advised to tick the "yes to mediation" on the Directions Questionairre anyway, if and when it gets that far.

 

Their threat to request the striking out of your defence is also standard tactics.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I will ask andyorch to look in on you.

 

It is very interesting that they are offering a consent order ?

 

Was it established if there were any default charges ? Are they asking for just the amount they were pursuing prior to court action or have they added in any costs in the CO.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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.

 

there are no terms and conditions,

 

no letters stating they cancelled the contract

or default notices etc are they obliged to keep these on file.

 

Why is it interesting that they are offering a consent order?

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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. there are no terms and conditions, no letters stating they cancelled the contract or default notices etc are they obliged to keep these on file.

 

Why is it interesting that they are offering a consent order?

 

The charges for late payment/non payment ARE default charges :lol:

 

Hmm, no terms and conditions ! You should have received these with your agreement request... not necessarily via the SAR but certainly via CPR or CCA request.

 

Why is it interesting they are offering a consent.. ! Cos this is a company that like to do Stat Demands / Bankruptcy at the drop of a hat.

 

Do you own your own home ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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