Another Pete
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Everything posted by Another Pete
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To update: allocation letter received. Advised to await contact from Judge.
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Thanks, flying-spanner. As previously stated, not over £5,000 and no PPI. As for CPR, that's what I sent. What I'm asking is, does the application form they sent me (attached above) meet the requirements?
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Hi Ford, yes, I understood that to be the question. I was looking for a view on the answer, really. I can't see any fault in the default notice and no, no PPI. There are, however, a lot of charges showing in the statement summary they enclosed. If I were to discuss settlement by installments, I'd certainly look to knock those off.
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There are pages of T&C but all printed on plain sheets, no indication of dates. I know that's my application! My question was, is that sufficient for them to produce in court? I need to return the AQ tomorrow - allowing for Easter.
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Hi, is there anyone who can give me a view on this?
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OK, let's see if that's OK. Can anyone advise if the application form - with little blurb at the bottom about being an agreement, is actually an agreement a court would accept? Thanks.
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Sorry, I'll try that again...
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Copy of my application form received from Bryan Carter. Can anyone advise, does that look like something they could use? They have offered to accept payment by installment, too. I wonder if I should make them an offer again but still complete and return the allocation questionnaire?
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Nothing new from Carter or Capital One but Allocation Questionnaire (N149) received from Northampton CCBC today...
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Acknowledgement of my defence received from Northampton Court. Thank you everyone, especially Andy. I guess it wouldn't be acceptable for me to ring Bryan Carter and Capital One every day for the next 28 days?
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I'll keep you posted, Mr Hat
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Well, I didn't say that, Ford, but i know what you mean. I did wonder that. They wouldn't do that now, though, would they?
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Thank you, Andy. That's done and I have the confirmation page. It also appears fine on MCOL.
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No, I had the card, they didn't accept my offer to pay what I could; long story short (and lots of people from capone, fredericksons and bryan carter listening to our washing machine on spin later) here we are...
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Hi Andy, OK, As per #7, yes, I sent a CPR 31.14 request and it is less than 5K No PPI, As far as I can tell, yes, it appears compliant and, no, it's not statute barred.
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Thank you - very much
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Thanks, Andy. It's the 3rd March, Sunday.
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Received the following reply from Bryan Carter: We write further to your recent request for disclosure under Part 31 of the Civil procedure Rules. We confirm the claim form was issued by the Northampton County Court Bulk Centre and the Court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court. We confirm that the Claimant will seek allocation to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will not apply. We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within seven days. We will revert to you in due course with our client's instructions in relation to your request for an extension of time for filing your defence. It is our client's policy to issue agreements on or around the date of the contract and statements throughout the duration of the agreement, in this regard we ask you to refer to your own records. Yours sincerely BRYAN CARTER My date to file defence approaches rapidly, advice would be appreciated!
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Thanks, all. Yes, clicked to acknowledge and CPR31.14 request sent. I will keep you all updated. BTW: Carters are still ringing every day!
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Yes, Creditcardmug, it is Cap One. Funny, they are still ringing me, too! That would be an interesting conversation... Hope to get my letter off tomorrow and I can do the court bit by click, if that's right...
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Seems a bit too easy - shouldn't I still be asking for the agreement?
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Hi, I wonder if I could get some advice, please... Having sent Bryan Carter a CCA request, last week I received a reply from Capital One telling me that they weren't going to deal with it because my signature didn't match their records (I had printed my name). On Monday, just as I was looking up the most appropriate response on other threads here, a Claim Form plopped through the door! For those who need this info, the particulars of Claim are: The claimants claim is for the balance due under an agreement which is now all due and payable. The defendant agreed to pay monthly instalments under agreement number xxxxxxxxxxx but has failed to do so. And the claimant claims the sum of £XXX.XX The claimant also claims interest therefore pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £XX.XX Now, up to this point, I've been OK but as this has the potential for me to severely cock things up if I go even a little wrong, I seriously need some advice! I am pretty sure I never signed an agreement. I can't be certain but I think I filled in a postal application and then the card came in the post. I'm also unable to be exact on the date but think it was before 2000. My question, obviously, what should I do now?
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