*WON* Received court claim from Bryan Carter

[Berniethebolt]

Re: Received court claim from Bryan Carter..... help please

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

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

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

[aaroncaz]

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?

[FlamingParrot]

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?

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:

[aaroncaz]

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

[aaroncaz]

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.

[FlamingParrot]

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

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:

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

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.

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.

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:

[aaroncaz]

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.

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

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.

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.

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

I have a vague memory of sending a PO and them just crediting my account with the £1, not sending me the contract way back in 2008.

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

I have a vague memory of sending a PO and them just crediting my account with the £1, not sending me the contract way back in 2008.

That has happened a number of times. :mmph: When I sent CCA requests I made a point of typing "I enclose PO number ___________...." on the letter and filling in the number by hand at the PO before sticking in the PO and sealing the envelope. That way it was established that the PO in question was for the CCA request. I also kept a copy of the CCA request letter so if £1 suddenly appeared in the account, I could easily explain it.

It's not a big deal when you send the CCA request right at the time you stop paying (like I did) or while you are still making regular payments (like you did), however, if you haven't paid in several years, you wouldn't want that £1 payment resetting the clock! :scared:

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

If I send them tomorrow, then probaly won't expect to hear anything, until the end of next week, week starting 24th.

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

If I send them tomorrow, then probaly won't expect to hear anything, until the end of next week, week starting 24th.

You will hear from Mr Carter, he will send a letter saying that the claim will be allocated to small claims where CPR 31.14 does not apply... :blah: :blah: :blah:

That's his standard template response to all requests, and we also have a standard letter for that. :typing:

The likelihood of getting a reply from Lowell before your defence is due is less than the likelihood of there being a hard frost tonight! :flypig:

There's no need to chase the CCA request since non-compliance can be used in your defence but do keep an eye on the calendar and an eye out for a response from Mr Carter. :ranger:

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Not quiet sure what happens when my defense is due? is that after 28 days from the letter? What I must do or they must do? Sorry to be so dim. Do I respond to the court............