Northampton CCBC claim form - Bryan Carter & Capital One

[Guest]

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?

 

? what i mean is that s127 (3) can be used in defence where there is no signed executed agreement (if before 04/07), they would need to show that one was signed by the debtor. you said post#1 that;

..I am pretty sure I never signed an agreement

Edited March 4, 2013 by Ford

[Another Pete]

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?

[AndyOrch]

No reason to ring them they are fully aware of their duties and responsibilities...they will have to disclose anyway by order of the court should the matter proceed to trial.

 

Andy

[Another Pete]

Nothing new from Carter or Capital One but Allocation Questionnaire (N149) received from Northampton CCBC today...

[Another Pete]

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?

[dx100uk]

pdf it please

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[Another Pete]

Sorry, I'll try that again...

[Another Pete]

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.

[Another Pete]

Hi, is there anyone who can give me a view on this?

[dx100uk]

did they send T&C for the TIME your too out the card

 

that's and application form NOT a CCA

 

dx

[Another Pete]

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.

[Guest]

q re s127 is whether that signed document itself contains all of the prescribed terms. if so, it may well be sufficient re s127.?

then, as andy suggests, seems would only be whether the s78 response is accurate?

you say that the def notice is compliant? have you double checked it against the def notice regs 1983?

and no missold ppi?

Edited March 28, 2013 by Ford

[Another Pete]

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.

[flying-spanner]

[quote name=

if you want, you could consider also doing a request under cpr 31.14? (see stickies) but, is it likely to be small claims ie below 5k?

any missold ppi?

.[/quote]

 

As of april 2013 the limit for small claims has increased to £10,000

[Another Pete]

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?

[Guest]

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.

 

yes, was posting out aloud re what a j would no doubt consider re s127. need that doc double checked to see whether itself contains the required prescribed terms.

re dn, do you want to scan it up for double checking? needs to give at least 14 days from deemed service (not from its issue date) etc. all in the def notice regs 1983.

yes, get any 'charges' knocked off if settling. those 'charges' could also put in dispute their amount claimed?

[citizenB]

Unless the terms and conditions were present at the time of signing, then I dont think it is acceptable.

 

You need to have a good read of the other pages you were sent. You should have T&cs from the time of opening and also at the time of default/current. If any major changes were made to the contract, then the variations are also to be provided.

 

Any chance we can see a copy of the Default Notice, please ?

[citizenB]

Ok, they appear to have offered you the opportunity to pay by installments.

 

Have you done spreadsheet to see how much the charges come to. Remember you can claim interest on those as well ?

 

If there are a substantial amount of charges, then it would have made the Default notice incorrect as they are only allowed to demand genuine arrears that are due.

 

Again, if there a substantial amount of charges, then you could perhaps use them to bargain a lesser balance which you then want to repay over a period of time.. you also would not want to be responsible for Carters fees !!

[Guest]

yes ditto, the arrears amount on a DN needs to be accurate, Woodchester Lease case.

[Another Pete]

To update: allocation letter received. Advised to await contact from Judge.