vs lowell/ bryan carter

[marley2015]

i have received a county court claim from lowell/bryan carter regarding an old credit card with capital one it was dated 19 may i acknowledged the court claim on the 26th may and i intend to defend it in full.

i have followed the steps and requested a cca to lowell and cpr to bryan carter i posted the letters recorded delivery on 29 may to which as yet only lowell have signed for there letter

a default notice was added to my account on the 18/1/2010, i have not acknowledged or made a payment into this account since about may/june 2009

can anyone help me and please and tell me when i should submit my defense and what this should be, this is of course if i do get a reply from bryan carter, what are my next steps

many thanks

[FlamingParrot]

Re: vs lowell/ bryan carter

i have received a county court claim from lowell/bryan carter regarding an old credit card with capital one it was dated 19 may i acknowledged the court claim on the 26th may and i intend to defend it in full.

i have followed the steps and requested a cca to lowell and cpr to bryan carter i posted the letters recorded delivery on 29 may to which as yet only lowell have signed for there letter

a default notice was added to my account on the 18/1/2010, i have not acknowledged or made a payment into this account since about may/june 2009

The dates are crucial here since the six year limitation period runs until a claim was issued, in this case May 19th. If you were still paying in May/June 2009 then, sadly, it wouldn't be statute barred yet.

can anyone help me and please and tell me when i should submit my defense

If the claim was dated May 19th, then the deadline is the 21st of June: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

You get 28 days + 5 allowed for service.

and what this should be, this is of course if i do get a reply from bryan carter, what are my next steps

many thanks

You will get a reply from Mr Carter but no documents, it will be a letter saying the claim will be allocated to small claims therefore they do not have to comply with your request. You don't say how much they are claiming, I'm assuming it will be less than £10,000.

The Dynamic Duo Lowell-Carter never send any documents so you'll very likely end up submitting the generic defence based around not having received documents, unless the amount is large enough to justify submitting an unless order. An example defence can be found here: http://www.legalbeagles.info/forums/...t-Court-Claims

Have you any idea when you took out this card? Would it have been before or after April 2007?

[marley2015]

Re: vs lowell/ bryan carter

hi thanks for the reply

they are claiming for 3300, i took the card out around march 2006, it may of been slighty earlier than may/ june 2009 when i made a payment, went into default jan 2010

i did get this letter from bryan carter today stating what you said and of course no documents still waiting on a reply from lowell

[FlamingParrot]

Re: vs lowell/ bryan carter

hi thanks for the reply

they are claiming for 3300, i took the card out around march 2006,

That's good news so far. :clap2: Did you apply online by any chance? :typing:

There is a reason I'm asking, it's because, for accounts from 2005 onwards, if you applied online, then a tick box on the application fulfills the role of a signature and there probably wouldn't be a proper signed agreement. If you did not apply online then you should still have signed an agreement with all the terms. Any idea how you applied?

it may of been slighty earlier than may/ june 2009 when i made a payment,

How much earlier? It can make all the difference as to whether the account is SBd or not. You may want to look at this post: http://www.legalbeagles.info/forums/...233#post388233

went into default jan 2010, but have just checked my credit report and a new default has been added to the account 8/5/2015

That should not be there and you should get it amended, otherwise it will be on file till 2021! However, it makes no difference for the purpose of the claim.

i did get this letter from bryan carter today stating what you said and of course no documents still waiting on a reply from lowell

That's their generic letter, and this is our generic reply: http://www.legalbeagles.info/forums/...385#post410385 :thumb:

No need to chase Lowell. :tinysmile_kiss_t4:

[marley2015]

Re: vs lowell/ bryan carter

i really carnt remember sorry how i took it out online or post i will have a think about it, i moved away out of the country for a while and returned 2009 about end of feb, not long after i made no payments or letters, most of my paper work was lost between moving backwards and forwards

sorry ignore what i said about new default notice i was looking at when my report was updated :wacko: haha, it was added jan 2010

thank you i will get that letter sent of to bryan carter they stated in there letter that there client wont agree to an extension

[FlamingParrot]

Re: vs lowell/ bryan carter

i really carnt remember sorry how i took it out online or post i will have a think about it, i moved away out of the country for a while and returned 2009 about end of feb, not long after i made no payments or letters, most of my paper work was lost between moving backwards and forwards

It may be only just SB. ray: I seem to remember another poster who also had a CapOne card and made a phone call and they told him the date of their last payment.

thank you i will get that letter sent of to bryan carter they stated in there letter that there client wont agree to an extension

That's their standard template, they never agree to anything and I bet he told you it was the original creditor's policy to always required a signed agreement... :blah: :blah:

[marley2015]

Re: vs lowell/ bryan carter

hi yes that is what they said haha,

i have got a response from the 2nd letter to bryan carter bascially saying we confirm this matter will most probably be allocated to small claims track and it is there understanding that it is the policy of the original creditor to issues agreements at the point of contract.
we confirm our client is not agreeable to extension for filing your defence

documents will be provided in accordance to the courts directions

can you please help me with the next step on dealing with bryan carter i have still got no response from lowell surprisingly haha

many thanks

[FlamingParrot]

Re: vs lowell/ bryan carter

hi yes that is what they said haha,

i have got a response from the 2nd letter to bryan carter bascially saying we confirm this matter will most probably be allocated to small claims track and it is there understanding that it is the policy of the original creditor to issues agreements at the point of contract.
we confirm our client is not agreeable to extension for filing your defence

documents will be provided in accordance to the courts directions

can you please help me with the next step on dealing with bryan carter i have still got no response from lowell surprisingly haha

They are just being their usual selves.

They never supply documents nor do they agree to extensions. You may have to file the generic defence based around lack of documents, an example can be found here: http://www.legalbeagles.info/forums/...t-Court-Claims

Any idea where we stand with regards to the account being statute barred?

[marley2015]

Re: vs lowell/ bryan carter

thank you, so no need for anymore letters to them, i have copied the defense and will alter it for myself, no idea yet if its statue bared dont know if to ring capitol one will have a dig round find some old paper work

[nemesis45]

Re: vs lowell/ bryan carter

thank you, so no need for anymore letters to them, i have copied the defense and will alter it for myself, no idea yet if its statue bared dont know if to ring capitol one will have a dig round find some old paper work

By all means phone Cap and ask for details of the date of the last payment, the SB clock started ticking on month after that.

nem

[FlamingParrot]

Re: vs lowell/ bryan carter

thank you, so no need for anymore letters to them, i have copied the defense and will alter it for myself, no idea yet if its statue bared dont know if to ring capitol one will have a dig round find some old paper work

Other people on here have been successful when ringing CapOne to find out the last payment date. :thumb:

If the debt turns out to be SBd, that fact HAS to be on your defence so hold off drafting it till you find out and post up. :typing:

[marley2015]

Re: vs lowell/ bryan carter

just been through some paper work and it seems like i maybe boarder line, i also found some paper work from when i was originally contesting this card back in july 2009 benefical claims was handling it after capitol one not providing them with original credit agreement them deemed it unenforceable this was sept 2009 that was the last i heard from either capitol one or benificial claims untill the back end of last year with various companys sending me letters

i think my defence is going to have to be that fact that they can not provide me with any documenst i have until 21st june to do it

[marley2015]

Re: vs lowell/ bryan carter

what should i put on sec 4 of the defence were it says [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

thank you

[nemesis45]

Re: vs lowell/ bryan carter

Do you deny having an account, or do you agree that an account existed but are denying liability??

nem

[FlamingParrot]

Re: vs lowell/ bryan carter

just been through some paper work and it seems like i maybe boarder line, i also found some paper work from when i was originally contesting this card back in july 2009 benefical claims was handling it after capitol one not providing them with original credit agreement them deemed it unenforceable this was sept 2009 that was the last i heard from either capitol one or benificial claims untill the back end of last year with various companys sending me letters

i think my defence is going to have to be that fact that they can not provide me with any documenst i have until 21st june to do it

what should i put on sec 4 of the defence were it says [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

thank you

It looks like you have already locate the generic 'no documents' defence.

From what has been posted above, it is quite obvious that you did have a CapOne card so you cannot say that you did not enter into a credit agreement with the original creditor (Cap One), you could only deny it if you never had the card.

The issue here is whether the account is enforceable in court not whether you owe the money. It may be statute barred for a start. Have you tried ringing CapOne as noted above? A few others have managed to find out the date of last payment by ringing them. I assume when you were dealing with Beneficial Claims you were disputing the account and not making payments.