*WON* Received court claim from Bryan Carter

[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

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

[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.

[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:

[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

[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

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

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?

[aaroncaz]

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

I'll do it tomorrow then.

[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

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?

[aaroncaz]

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

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

[FlamingParrot]

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.

That would be the one to click, yes. :thumb:

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

[aaroncaz]

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.

[aaroncaz]

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

If I file online will I get confirmation?