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MOVED: Lowell/Bryan Carter(Capital One) V RapidSavage

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  • MOVED: Lowell/Bryan Carter(Capital One) V RapidSavage

    Hi All

    Just after some help and guidance, not sure what i have to do now, and might have done things wrong.

    I panicked and phone Bryan Carters setting up a repayment plan, but then after reading this forum i realised i should have waited. (As you will see in the attached letters)

    Firstly i received a letter from Bryan Carters regarding court claim, and the very next day i receive the court claim. So after reading this forum i sent off a CCA Request to Lowell and a copy to Bryan Carter. I also sent a CPR Request letter to Bryan Carters. ( I don't have any paperwork associated with the account )

    I then acknowledged the claim on the website, where i think i made the second mistake. I filled in the section saying that i want to defend part of the claim. Should i have put defend all the claim ? Also is it possible the change on the website or does it remain as i have acknowledged ?

    This was an old capital one credit card i believe i took out in 2000, but missed payments then stopped due to financial difficulties. I cant remember when the last payment was made, but when i spoke to Bryan Carters they said a payment of £10 was made around 2010 but i think that was a SAR Request but have no paperwork to back this up. I have checked my credit reports and this debt is no longer showing on any reports. The card only ever had a £400 - 500 limit so cant understand the inflated claim.

    Will this be statue barred ? (Due to the £10 i believe not)

    So i received the standard letter back from Bryan Carters (Fri 11/7) and then received another letter from them today (Sat 12/7) which i believe is in response to the copy CCA request, stating that they have put the account on hold. (What does this mean that the court claim is on hold or just on hold with Bryan Carters ?)

    I have attached the scanned documents minus some personal info.

    Do i need to SAR capital one to get statements and agreement as i have read other people have done this ?

    I have a strong suspicion that Lowell will not be able to produce a credit agreement as this debt is over 14 year old.

    I would appreciate any help or advice on the next course of action, do i need to send another letter to Bryan Carter regarding the CPR request. Do i just wait for Lowells to comply with the CCA request. Also do i need to/can i amend my acknowledgement to the claim on the website. Where do i start with a angle for defence as i don't agree with figure and could possibly be statue barred.

    Also i have noticed a few people upgrading to VIP membership to stop prying eyes is this possible for myself, as i don't my contributing for the help i hope to receive. I have tried but says its isn't possible.

    Thanks for reading and hope somebody can guide me on what to do next

    (Please see attachments for particulars or claim and also letters received)
    Attached Files
    Tags: None

  • #2
    Re: Lowell/Bryan Carter(Capital One) V RapidSavage

    Hi, Welcome to the Forum, and thank you for such a clear first post

    VIP is a good idea when in litigation - there is a minimum five post limit before you can upgrade yourself (just for security of other VIPs).

    Could you tell me what amount you partially admitted, and what the basis of the negotiation to £200 a month was ?
    Is £200 a month affordable and sustainable ?
    Have they offered to send you a consent/tomlin order?

    Regards, Sharon xx
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Lowell/Bryan Carter(Capital One) V RapidSavage

      Thread moved to VIP http://www.legalbeagles.info/forums/...-V-RapidSavage
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



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      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

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      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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