Hello

[jiffybizzle]

Re: Hello

They also sent me this letter which i can't remember requesting , but If you squint you can read bits of it . Thanks again for all your help

[jiffybizzle]

Re: Hello

Another five pages. looks like its a recon of the illegible agreement, but yes jiffy I think we'll need the rest posting up as these will be difference between enforceable and unenforceable.

Hi have you any advice on what to do next?

[jiffybizzle]

Re: Hello

Those look readable to me but they just refer to how they'd use your information :blah: :blah: :blah:. They are not the prescribed terms that should be present on a credit agreement. Are there any others?

Hi FlamingParrot, Just wondering what the best move would be now? Should i go ahead with the court hearing or contact the DCA and make offer to pay? I do owe the money but if capital one sold the debt how much do they sell it for ? and what if i offered to pay The DCA what they paid for it? I don't understand why capital one didn't offer me the amount Lowell bought it for. or am i being out of order? Only a few days left to sort out an amended defence if i was to defend but i think i would lose if i did.
A little advice would be very much appreciated.

[FlamingParrot]

Re: Hello

Hi FlamingParrot, Just wondering what the best move would be now? Should i go ahead with the court hearing or contact the DCA and make offer to pay?

Before going further, I've gone back up the thread and I read a mention of filing an amended defence. Have you prepared such a defence? If so, any chance of posting up? :typing:

I do owe the money but if capital one sold the debt how much do they sell it for ? and what if i offered to pay The DCA what they paid for it?

Probably 10% of the outstanding amount, but the DCAs wouldn't be in business if they accepted what they paid for it. If they were to obtain a CCJ, it would be for the full amount, so I can't see them accepting such a low offer at this stage, however, you could always try something a bit more realistic than what they'd have paid for it. :thumb:

I don't understand why capital one didn't offer me the amount Lowell bought it for. or am i being out of order? Only a few days left to sort out an amended defence if i was to defend but i think i would lose if i did.
A little advice would be very much appreciated.

Looks like you have answered your own question above. If you expect to lose, it may be wiser to negotiate with the creditor instead. To be able to win in court, you need to be confident that you didn't sign an agreement, or that the agreement you signed did not contain all the prescribed terms, and you'll need to explain why, for example: "the terms were only sent to me with the card", or "the application form was an ad in a magazine and it just asked for a few personal details" or "I applied over the phone and they sent me the card without ever sending me the agreement to sign", etc. You get the picture.

A Tomlin Order could be an option to avoid a CCJ. It stays the proceedings as long as the terms of the order are kept to, this means paying in monthly installments set at a level you can afford over the long term (Tomlin Orders can be very hard to vary).

[jiffybizzle]

Re: Hello

Before going further, I've gone back up the thread and I read a mention of filing an amended defence. Have you prepared such a defence? If so, any chance of posting up? :typing:

Probably 10% of the outstanding amount, but the DCAs wouldn't be in business if they accepted what they paid for it. If they were to obtain a CCJ, it would be for the full amount, so I can't see them accepting such a low offer at this stage, however, you could always try something a bit more realistic than what they'd have paid for it. :thumb:

Looks like you have answered your own question above. If you expect to lose, it may be wiser to negotiate with the creditor instead. To be able to win in court, you need to be confident that you didn't sign an agreement, or that the agreement you signed did not contain all the prescribed terms, and you'll need to explain why, for example: "the terms were only sent to me with the card", or "the application form was an ad in a magazine and it just asked for a few personal details" or "I applied over the phone and they sent me the card without ever sending me the agreement to sign", etc. You get the picture.

A Tomlin Order could be an option to avoid a CCJ. It stays the proceedings as long as the terms of the order are kept to, this means paying in monthly installments set at a level you can afford over the long term (Tomlin Orders can be very hard to vary).

Hi flaming parrot, I haven't yet started a amended defence as i wasn't sure if all the paperwork was legitimate.What do you think of the AOD letter? does it seem genuine to you? why is it not on capital one headed paper?

I have no idea how to defend this now that they have sent me all the documents.