*WON* Received court claim from Bryan Carter

[aaroncaz]

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

There are no more pages, the account was opened not sure of the exact date but the stamp on one of the pages says received 18 may 2007, and according to the statement, 1st transaction was 29 may 2007. the only pages to be numbered are the one with my name and address, which is 4 of 8, and the one with the stamp which is page 3 of 8 none of the other pages are numbered.

[aaroncaz]

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

Last payment of £5 was made 08/06/2012, I think I defaulted abt March/April 2008. am going to see if i can find any more documents.

[aaroncaz]

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

According to the statements a min payment of £79 was due on the 07/01/2007 then it was only £1 due by 08/02/2007 though not sure if i had defaulted then, am going to look now.

[nemesis45]

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

According to the statements a min payment of £79 was due on the 07/01/2007 then it was only £1 due by 08/02/2007 though not sure if i had defaulted then, am going to look now.

OK !

nem

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There are no more pages, the account was opened not sure of the exact date but the stamp on one of the pages says received 18 may 2007, and according to the statement, 1st transaction was 29 may 2007. the only pages to be numbered are the one with my name and address, which is 4 of 8, and the one with the stamp which is page 3 of 8 none of the other pages are numbered.

A Carter " I'll try to pull a fast one " recon " imo it's without merit.

nem

[aaroncaz]

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

I cant find a default notice but a it seems I was in negotiation with aqua via a money advice place to come to a reduced payment in abt March 2008.

[nemesis45]

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

I cant find a default notice but a it seems I was in negotiation with aqua via a money advice place to come to a reduced payment in abt March 2008.

Were any further payments made?

nem

[aaroncaz]

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

Yes min payments of £1 then £5 until 2012 going up to 08/06/2012 then Aqua sold the debt on to lowells.

[nemesis45]

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

Yes min payments of £1 then £5 until 2012 going up to 08/06/2012 then Aqua sold the debt on to lowells.

Not statute barred then.

I'm sure that the " agreement" is not complete so that's the key matter in the defence.

nem

[aaroncaz]

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

Thank you, how do I proceed then? Would the court know it's incomplete or do I write and tell Carters?

[nemesis45]

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

Thank you, how do I proceed then? Would the court know it's incomplete or do I write and tell Carters?

The court will find out from your defence.
Lowell sent the agreement did they not?

nem

[aaroncaz]

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

No it was Bryan Carter who sent it.

[nemesis45]

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

No it was Bryan Carter who sent it.

Ok,

What you tell Carter,

Dear Mr Carter,

Re: Claim No.................................:

I am in receipt of a number of pages of " Terms and Conditions" which you claim is the agreement relevant to the alleged debt which is the subject of this claim, however I am sure you are fully aware that the documents provided do not satisfy my CCA request or CPR31.14.

I suggest that if this is the document your client intends to rely upon in court I suggest that you consult with your client and urge them to withdraw the claim.

Should Lowell continue to pursue the claim it will be robustly defended.

Send by 1st class signed for post.

nem

[aaroncaz]

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

Will do many thanks.

[nemesis45]

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

Will do many thanks.

OK you still need to work on a defence, take look at some threads and
get an idea of wording and format.

nem

[aaroncaz]

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

I though I had already submitted a defense? I don't have a clue...