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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
    Sorry what do you mean by DN:tinysmile_cry_t:
    Default Notice
    Originally posted by aaroncaz View Post
    It was Aqua and I applied online.
    When was that?
    Originally posted by aaroncaz View Post
    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:

    Leave a comment:


  • aaroncaz
    replied
    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?

    Leave a comment:


  • aaroncaz
    replied
    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.

    Leave a comment:


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

    Originally posted by aaroncaz View Post
    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.

    Originally posted by aaroncaz View Post
    Are they likely to produce the documents?
    Originally posted by Berniethebolt View Post
    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:
    Originally posted by Berniethebolt View Post
    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:

    Leave a comment:


  • Berniethebolt
    replied
    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

    Leave a comment:


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

    Are they likely to produce the documents?

    Leave a comment:


  • Berniethebolt
    replied
    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

    Leave a comment:


  • aaroncaz
    replied
    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?

    Leave a comment:


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

    I'll do it tomorrow then.

    Leave a comment:


  • FlamingParrot
    replied
    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:

    Leave a comment:


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

    Just making sure claim was dated 14th august, you get 33 days to file a
    defense which takes us up to the 16 sept? So sunday to file a defense should be ok?

    Leave a comment:


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

    Ok, many thanks, will do it online on Sunday.

    Leave a comment:


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

    Originally posted by aaroncaz View Post
    Just logged onto the MCOL site and clicked on my claim number and there's an option, a yellow button, start defense, if i dispute the claim, this where i put my defense? Just making myself familiar with it, shall do it Sunday I think.
    That would be the one to click, yes. :thumb:

    Originally posted by aaroncaz View Post
    Shall I email as well, where do I find the email address? Thank you.
    If you can file it successfully on MCOL there's no need to email it as well, however, if MCOL plays up you can email it to ccbcdefendants@hmcts.gsi.gov.uk,

    On the subject line you'd put: CLAIM No. xxxxxx - LOWELL -v- AARONCAZ - DEFENCE

    Leave a comment:


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

    Just logged onto the MCOL site and clicked on my claim number and there's an option, a yellow button, start defense, if i dispute the claim, this where i put my defense? Just making myself familiar with it, shall do it Sunday I think.

    Shall I email as well, where do I find the email address? Thank you.

    Leave a comment:


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

    If I file online will I get confirmation?

    Leave a comment:

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