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*WON* Received court claim from Bryan Carter

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  • FlamingParrot
    replied
    Re: Received court claim from Bryan Carter..... help please

    Originally posted by aaroncaz View Post
    Don't remember ever viewing my statements online with Aqua nor can I find any paper ones, only letters when I couldn't pay.
    You should have been able to log in to view them, however, as you defaulted shortly after taking the card out, the facility to access your account online was probably removed at that point. If you want them you can send a SAR as I said above. :typing:

    They'd have 40 days to respond to a SAR so you wouldn't get them before your defence is due, however, it's a long process after the defence is filed before it gets to court.

    Originally posted by aaroncaz View Post
    As to the postal order, endorse it for statutory fee only, not to Lowell?

    Thanks for your help.
    Payable to Lowell, the statutory fee only bit would go on the back.

    I know there are differing opinions on this subject, I always left my POs blank to avoid arguments over whether the PO should be payable to the DCA or the OC.

    The statutory fee remark is to prevent the fee being credited as a payment into the account.

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    Ok thank you.

    Don't remember ever viewing my statements online with Aqua nor can I find any paper ones, only letters when I couldn't pay.

    As to the postal order, endorse it for statutory fee only, not to Lowell?

    Thanks for your help.

    Leave a comment:


  • FlamingParrot
    replied
    Re: Received court claim from Bryan Carter..... help please

    Originally posted by aaroncaz View Post
    I applied online for the card and no never received any statements of payments.
    You should have been able to log in and see your statements online. I had one of them online only Egg cards from 2000 or 2001, never got any statements (which was rather unusual at that time) but I could see them online. The problem with those online accounts is that, once you default and your account is terminated, you no longer have access, :mmph: however, you if you wanted your statements you could send a SAR.

    Originally posted by aaroncaz View Post
    I have never had an agreement with them as I ignored all letters from them , I had an agreement with Aqua. I have buried my head in the sand.
    It looks like you kept making payments to Aqua after the debt was sold, as it was assigned in 2012 and you paid till 2013.

    Originally posted by aaroncaz View Post
    Thank you for your help .

    I opened an Aqua credit card in 2006, the last payment i made was in abt Sep or towards the end of 2007, and came to arrangement in may of 2008 to pay a £1 a month then that went up to £5 a month.
    Let's see what they come back with, knowing this dynamic duo, probably nothing. One thing to bear in mind is that, for online applications from 2005 onwards, a tick box is the equivalent of a 'wet ink' signature saying that you agree to the terms that would have been presented to you at the time of the application, so there wouldn't be a hard copy of an agreement signed by you in the conventional way, the CCA is likely to be a computer printout. :ohwell:

    As Aqua sold the account three years ago, they probably won't be in an immediate hurry to supply Lowell with the data. ray:

    Leave a comment:


  • FlamingParrot
    replied
    Re: Received court claim from Bryan Carter..... help please

    Originally posted by aaroncaz View Post
    I've got out of that but am unable to see where I tick "defend all of this claim"?

    - - - Updated - - -

    This is what I have so far :

    A claim was issued against you on 14/08/2015

    Your acknowledgment of service was submitted on 15/08/2015 at 21:23:35
    Originally posted by aaroncaz View Post
    Ok, I have ticked defend all of this claim....

    I will post letters of tomorrow, thanks for all your help so far.
    You seem to have got there in the end! :clap2: :clap2: :clap2:

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    Ok, I have ticked defend all of this claim....

    I will post letters of tomorrow, thanks for all your help so far.

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    I've got out of that but am unable to see where I tick "defend all of this claim"?

    - - - Updated - - -

    This is what I have so far :

    A claim was issued against you on 14/08/2015


    Your acknowledgment of service was submitted on 15/08/2015 at 21:23:35

    Leave a comment:


  • FlamingParrot
    replied
    Re: Received court claim from Bryan Carter..... help please

    Originally posted by aaroncaz View Post
    Have gone online MCOL moneyclaim, its asking me for

    Please state your defence in a maximum of 122 lines in the box below.*

    not sure if i have gone wrong here, should i put something?
    Get back out, :bolt: you shouldn't be there, sounds like you chose the option of filing a defence when you should have chosen acknowledgment of service at this stage, that will give you a total of 33 days to file a defence.

    See here for details: http://www.legalbeagles.info/forums/...313#post499313

    Make sure you tick "defend all of this claim". :thumb:

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    Have gone online MCOL moneyclaim, its asking me for


    Please state your defence in a maximum of 122 lines in the box below.*

    not sure if i have gone wrong here, should i put something?

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    I applied online for the card and no never received any statements of payments.

    Leave a comment:


  • Berniethebolt
    replied
    Re: Received court claim from Bryan Carter..... help please

    When you applied did you do it online or by filling in a form ?

    Leave a comment:


  • nemesis45
    replied
    Re: Received court claim from Bryan Carter..... help please

    Originally posted by aaroncaz View Post
    No I don't know what Aqua added Im afraid, I know of Lowell and just never wanted to be in touch with them, cant stand them.
    It's a point that might be useful as you made payments but had no acknowledgments /statements of the payments.

    nem

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    No I don't know what Aqua added Im afraid, I know of Lowell and just never wanted to be in touch with them, cant stand them.

    Leave a comment:


  • Kafka
    replied
    Re: Received court claim from Bryan Carter..... help please

    In the meantime you should be reading other threads particularly about dealing with Carter/Lowell as these jokers tend to have their own styles of operation so you can see what might happen.

    The fact that the account was opened in 2006 is good, because there is more chance of challenging an agreement if its flawed. It's harder to do that for agreements after April 2007.

    Do you know what charges were added on to the account by Aqua?

    Leave a comment:


  • aaroncaz
    replied
    Re: Received court claim from Bryan Carter..... help please

    Thank you. shall I come back to you when I get a reply?

    Leave a comment:


  • FlamingParrot
    replied
    Re: Received court claim from Bryan Carter..... help please

    Originally posted by aaroncaz View Post
    Do i send the letters to Brian Carter solicitors? Thats whats on the claim form.

    Thanks saw the last post, am on the case now.
    To clarify:
    • CCA request with £1 PO to Lowell the claimant
    • CPR request (no fee) to Bryan Carter who is their solicitor

    :thumb: :thumb:

    Leave a comment:

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