*WON* Received court claim from Bryan Carter

[FlamingParrot]

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

It should be OK however there is no reason to leave it till the very last minute. They are not likely to send you the documents in the next couple of days. :flypig: :flypig:

[aaroncaz]

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

I'll do it tomorrow then.

[aaroncaz]

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

Ok decided to do it now and it's gone through I ticked no to a counterclaim I hope that was right.

And what happens next please?

[Berniethebolt]

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

Unless you had a counter claim then you did right.

You now wait to hear from the court, I think they send your defence to the claimant who have 28 days to respond but ( and I should have this on cut n paste ) [MENTION=37786]FlamingParrot[/MENTION] will help you

[aaroncaz]

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

Are they likely to produce the documents?

[Berniethebolt]

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

Who knows , I wish I had such a crystal ball

Have you been asked , did you apply online?

I do have a feeling they might come up with something that fulfils the CCA request however then you still need to see the DN and other documents.
Just as an idea I have or had a Vanquis card opened in 2010 that was perfectly legit in that the CCA request was spot on. What let them down was the DN which was not a DN in either style or form. It said it was a DN but did not contain the necessary wording or the necessary time. I think Lowlife must have realised this because they closed the account and promised not to bother me again. even though it was a £1200 balance. If only they would do that with my Cap 1 account for 5.5K

[FlamingParrot]

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

Ok decided to do it now and it's gone through I ticked no to a counterclaim I hope that was right.

And what happens next please?

Well done! :clap2: A counterclaim only applies when the claimant owes you money so not applicable here.

Are they likely to produce the documents?

Who knows , I wish I had such a crystal ball

Carter is not known for producing any documents, however, it all depends on whether Lowell can get anything from Vanquis. If it's a recent application they are more likely to find it than for an ancient one. :ohwell:

Have you been asked , did you apply online?

I do have a feeling they might come up with something that fulfils the CCA request however then you still need to see the DN and other documents.
Just as an idea I have or had a Vanquis card opened in 2010 that was perfectly legit in that the CCA request was spot on. What let them down was the DN which was not a DN in either style or form. It said it was a DN but did not contain the necessary wording or the necessary time. I think Lowlife must have realised this because they closed the account and promised not to bother me again. even though it was a £1200 balance. If only they would do that with my Cap 1 account for 5.5K

For online applications from 2005 onwards it'll just be a recon of the T&Cs at the time of application. These are not easy to challenge, unless you can spot differences in the amounts charged between your own statements and what the T&Cs state.

A defective DN is always much better than no DN at all, sadly in most cases if you haven't got your own, no-one is likely to be able to obtain a copy, simply because banks don't keep copies of them, they are usually mail-merged from a database and not saved individually. :mmph:

[aaroncaz]

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

Sorry what do you mean by DN:tinysmile_cry_t:

It was Aqua and I applied online.

[aaroncaz]

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

They have 28 days to reply, Lowell, 28 working days? If they don't produce anything in that time what happens please?

[FlamingParrot]

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

Sorry what do you mean by DN:tinysmile_cry_t:

Default Notice

It was Aqua and I applied online.

When was that?

They have 28 days to reply, Lowell, 28 working days? If they don't produce anything in that time what happens please?

They have 28 days (not working days) from when they receive your defence, to tell the court whether they wish to proceed with the claim, not to send the documents. If they don't respond to your defence within that time, the claim will be stayed but you won't be notified. If they decide to proceed you'll hear from the court and possibly from Carter with one of his settlement proposal letters. For now all you can do is wait. :ranger:

[aaroncaz]

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

I applied online in 2006 don't know exact date. By "stayed" does mean stopped, stopped for all time?

[FlamingParrot]

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

I applied online in 2006 don't know exact date.

The exact date is not important in this case, the reason for asking was that, for online applications made on or after January 2005, there was no longer a requirement for an agreement to be sent to you for signature, a tick box on the website would be as good as a wet ink signature and they can satisfy a CCA request with a computer printout of the T&Cs that applied at the time you opened the account, making it harder to dispute that those were the terms you agreed to. :mmph:

By "stayed" does mean stopped, stopped for all time?

No, that would be discontinued. ray: Stayed means dormant; while the case is stayed neither party can take any action other than applying to the court to lift the stay, however, once the stay is lifted, the case can proceed.

[aaroncaz]

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

Got a letter from the court today, dated the 11th sept, saying they got my defense and have sent it to them they have 28 days etc.... 28 days from the 11th? Will Lowell respond?

[aaroncaz]

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

The exact date is not important in this case, the reason for asking was that, for online applications made on or after January 2005, there was no longer a requirement for an agreement to be sent to you for signature, a tick box on the website would be as good as a wet ink signature and they can satisfy a CCA request with a computer printout of the T&Cs that applied at the time you opened the account, making it harder to dispute that those were the terms you agreed to. :mmph:

Is that bad news for me?

[FlamingParrot]

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

Got a letter from the court today, dated the 11th sept, saying they got my defense and have sent it to them they have 28 days etc.... 28 days from the 11th? Will Lowell respond?

28 days from when they receive your defence from the court which would be a few days later. You'll probably get a letter from Carter inviting you to settle, without providing any documents, that's what he's been doing lately. :mmph:

Is that bad news for me?

It all depends on whether they can obtain a copy of the agreement, if they do it could be just a computer printout of the T&Cs on the OC's website, but let's see what Lowell can come up with (or not as the case may be). :ranger: