CCJ claim Bryan Carter/Lowell

[nemesis45]

Re: CCJ claim Bryan Carter/Lowell

Cont

Hi Jagoza,

What about terms and conditions 2 sets needed if this is an attempt to produce a reconstituted agreement.
Without the terms and conditions the reconstituted agreement is invalid.

nem

[FlamingParrot]

Re: CCJ claim Bryan Carter/Lowell

Beginning to upload these lettered I have been sent by them

On those two you have indicated, are you saying your address on the first page doesn't match the address provided on the second page, the one that starts with "Parties"? :confused2:

Is either of them the address you lived at when you took out the card?

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

Hi no this is everything they have sent me....no other terms and conditions

- - - Updated - - -

On those two you have indicated, are you saying your address on the first page doesn't match the address provided on the second page, the one that starts with "Parties"? :confused2:

Is either of them the address you lived at when you took out the card?

No it doesn't match bothe separate addresses and yes top address is where I live now and bottom where it indicates parties is where I lived when card originally taken out

[nemesis45]

Re: CCJ claim Bryan Carter/Lowell

Hi no this is everything they have sent me....no other terms and conditions

- - - Updated - - -


No it doesn't match bothe separate addresses and yes top address is where I live now and bottom where it indicates parties is where I lived when card originally taken out

Jagoza No Terms and Conditions No reconstituted agreement.

I personally would write to Carter informing them that " as they are no doubt aware the alleged reconstituted
agreement is not compliant and is refuted.
Suggest that given this information you invite their client to withdraw the claim in the interest of saving costs
and court time.

nem

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

Hi could you please write me or direct me to a template please ?
Thankyou

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

Jagoza No Terms and Conditions No reconstituted agreement.

I personally would write to Carter informing them that " as they are no doubt aware the alleged reconstituted
agreement is not compliant and is refuted.
Suggest that given this information you invite their client to withdraw the claim in the interest of saving costs
and court time.

nem

Can you direct me to a template please???

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

Can I bump this please anyone???

[Amethyst]

Re: CCJ claim Bryan Carter/Lowell

The two cca's will be the agreement at inception and the agreement before default. One is Halifax and one is Bank of Scotland. Had you moved in between taking out the card and defaulting ? Which agreement is marked as AD1 in their bundle ? And there is only the one page ( up to para 3.3 ? ) for both agreements ?

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

The two cca's will be the agreement at inception and the agreement before default. One is Halifax and one is Bank of Scotland. Had you moved in between taking out the card and defaulting ? Which agreement is marked as AD1 in their bundle ? And there is only the one page ( up to para 3.3 ? ) for both agreements ?

hi when I took the card out I lived at one house then we moved home and it was just after the move I defaulted, Ad1 is where I live now and Ad2 is where I lived when the original agreement was taken out, no there's about 7 Pages for each agreement ... What do I do as this goes to court next week and I am terrified! I have only my wage coming in and with a small mortgage to pay etc I can't afford anything really... My husband is ill too and he knows nothing of this either, I have hide the this as I don't want the added stress to him!

[Amethyst]

Re: CCJ claim Bryan Carter/Lowell

Okay. The only issue that seems to be in dispute is the default notice and I couldn't say to go into court with just that as an argument. The agreements, now we know they have all the pages, and they have disclosed original and as varied, and all the statements and assignment notices - they have complied with the CCA and evidenced the debt. It doesn't look like you have submitted a witness statement or anything to court?

How much is the claim for ? ( I had a look back and couldn't see it )

I think you might be wise trying to negotiate with BC for a consent order ( so you pay installments and they don't have a judgment against you unless you default ) sadly.

Or go through court with your income and expenditure and ask the court to order installment payments at a level you can afford - that might only be token payments based on your circumstances.

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

Okay. The only issue that seems to be in dispute is the default notice and I couldn't say to go into court with just that as an argument. The agreements, now we know they have all the pages, and they have disclosed original and as varied, and all the statements and assignment notices - they have complied with the CCA and evidenced the debt. It doesn't look like you have submitted a witness statement or anything to court?

How much is the claim for ? ( I had a look back and couldn't see it )

I think you might be wise trying to negotiate with BC for a consent order ( so you pay installments and they don't have a judgment against you unless you default ) sadly.

Or go through court with your income and expenditure and ask the court to order installment payments at a level you can afford - that might only be token payments based on your circumstances.

Hi the total claim is for around £1200 in total! I don't want to court at all! I can't cope with that, and my job won't allow me to have time off at all... I really don't know what to do? How can I wrote a witness statement? I don't even have a clue what to write at all to them

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

Advice please

[MIKE770]

Re: CCJ claim Bryan Carter/Lowell

Ame has suggested as below? >-


think you might be wise trying to negotiate with BC for a consent order ( so you pay installments and they don't have a judgment against you unless you default ) sadly.

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

Ame has suggested as below? >-


think you might be wise trying to negotiate with BC for a consent order ( so you pay installments and they don't have a judgment against you unless you default ) sadly.

Shall I contact them directly then?

[nemesis45]

Re: CCJ claim Bryan Carter/Lowell

Shall I contact them directly then?

You could ask Carter to suggest to his client as Mike has said that a Tomlin order
covering a set amount over a fixed period would be acceptable to you.

However any such off Must be reasonable, affordable and sustainable over an
extended period of time.

nem