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  • [CLOSED] Continues in AAD+ Legal Section Lowell ( Bryan Carter ) v Alwaysskint

    Your AAD Forum Username

    Alwaysskint

    Name of Claimant

    Lowell

    Name of Claimant's Solicitors

    Bryan Carter

    Claim Issue Date

    10 February 2015

    Who Signed the Claim Form?

    The Solicitor Firm (i.e. Joe Blogs Solicitor)

    How much is being Claimed?

    Under £10,000

    Have you Submitted the AoS Response?

    No

    If Yes, when was the AoS Submitted

    -

    Details of Claim

    2005 Default Date on £215 for Cap1 card
    2008 Arrangement to pay made over the phone by debit card, later changed to dd or sto
    2009 Reduced the payments due to loss of job
    2010 Found the forum and issued a CCA request
    Early 2011 Received some paperwork, scanned and sent to Niddy
    who confirmed I had received an application form, responded with No CCA query
    Ceased payments
    2011 received a whole load of statements, responded with NO CCA RECEIVED
    2011 onwards was 'passed' to RED, Hamptons, etc and on the merry go round we went of sending out No CCA requests
    Started ignoring any letters last year as mum was fighting Cancer
    Went on mum's bank account in December 2014 as a joint account holder, received court claim February

    Still not received a CCA, only statements and an application form

    Edit:
    Ooops you meant on the form not my history...

    Particulars:
    Claim £215.15 being monies due under an agreement CCA1974
    Assigned to claimant on 18/3/08, notice of which has been given (?)
    Failed to maintain contractual repayment and DN served (?)
    Statutory interest from date of assignment of £17.23

    Total incl court and solicitor £301.38

    Last edited by alwaysskint; 15 February 2015, 08:55.

  • #2
    Re: Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

    Thanks for completing the Legal Claim form alwaysskint
    This is now the official thread for your claim.
    If you have any queries please post them on the thread, or contact Niddy ( webmaster@all-about-debt.co.uk ), Plan B ( PlanB@all-about-debt.co.uk ) or myself ( undercover-elsa@all-about-debt.co.uk )

    Link to old thread for reference: http://forums.all-about-debt.co.uk/s...l=1#post479124

    Legal deadlines:
    Date of Claim: 10.02.2015
    AOS due: 28.02.2015
    Defence due: 14.03.2014

    Elsa x

    Comment


    • #3
      Re: Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

      Have now received a letter from solicitors informing me that they are going ahead with court proceedings and to contact them, so what do I do?
      Contact them (again) and explain that I'm still waiting for my CCA request to be fulfilled from 4 years ago?

      Comment


      • #4
        Re: Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

        Just their usual template response to frighten you into making an offer to them,, see next letter from them, meantime look at other threads on lowells etc and you will see the same old pattern and possible end result
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #5
          Re: Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

          Hold fire till we've reviewed this today alwaysskint, don't send anything yet

          Comment


          • #6
            Re: Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

            Originally posted by alwaysskint View Post
            Have now received a letter from solicitors informing me that they are going ahead with court proceedings and to contact them, so what do I do?
            Can you email Niddy/me with a copy of that letter using planB@all-about-debt.co.uk

            I don't know why they've sent you anything since you haven't even filed your AOS or Defence yet. If they've issued a claim then common sense says they're going ahead with it so they've no need to state the obvious in a letter.

            I can't tell you what to do until I've seen the letter, but I can tell you what not to do, and that is contact them. No way (yet)

            Comment


            • #7
              Re: Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

              Email sent x

              Comment


              • #8
                Re: Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

                Originally posted by alwaysskint View Post
                Email sent x
                I've got it.

                Did you only receive that letter yesterday? It's dated 11th February.

                It doesn't require a response. It's not making you an offer or asking you to make them an offer to settle. I expect their next letter will once they know you're intending to defend the claim.

                So go online and tick the box which says you intend to defend in full.

                Any problems post up here and we'll tell you how you can do the AOS by fax or scan and email to the court. The deadline isn't until Saturday but you might as well get on with it.

                Plan B x

                Comment


                • #9
                  Re: Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

                  Here's the AOS instructions should you need them

                  Either log into your claim following the instructions that appear on the front of the Claim Form and then tick the “I intend to defend all of this claim” or do the following-

                  With the Claim Form you should have received a Response Pack. Page 1 of that pack is the “Acknowledgement of Service”. You need to complete that as follows:

                  1. If the box at the top right hand corner is not already complete then copy the information from the Claim Form into it (claim number etc).
                  2. Insert your contact details into the box with the heading “Address to which documents about this claim......”
                  3. Under that box is the heading “tick the appropriate box” with three choices of option to tick. Tick 1 “I intend to defend all of this claim “and leave the other two options blank.
                  4. Insert your date of birth where indicated and then sign and date the form (ignoring the bit about “position or office held”.
                  5. Send it to court by e-mail ccbcdefendants@hmcts.gsi.gov.uk or fax 01604 619 523 / 01604 619 526

                  Comment


                  • #10
                    Re: Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

                    Originally posted by PlanB View Post
                    I've got it.

                    Did you only receive that letter yesterday? It's dated 11th February.
                    It arrived over the weekend but I was away at MIL's funeral so got it when I got back on Sunday, but yes, it took it's time didn't it! Especially as I'd already received the court papers lol

                    Originally posted by PlanB View Post
                    It doesn't require a response. It's not making you an offer or asking you to make them an offer to settle. I expect their next letter will once they know you're intending to defend the claim.

                    So go online and tick the box which says you intend to defend in full.

                    Any problems post up here and we'll tell you how you can do the AOS by fax or scan and email to the court. The deadline isn't until Saturday but you might as well get on with it.

                    Plan B x
                    Okey dokey, will do x

                    Comment


                    • #11
                      Re: Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

                      I have gone online and completed the Acknowledgement of Service (AOS) section. I take it I don't bother with the 'Start Defence' section just yet...?

                      Comment


                      • #12
                        Re: Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

                        Originally posted by alwaysskint View Post
                        I have gone online and completed the Acknowledgement of Service (AOS) section. I take it I don't bother with the 'Start Defence' section just yet...?
                        No. Just do the AOS.

                        The Defence will be submitted later when we've actually written it.

                        Comment


                        • #13
                          Re: Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

                          lol, ok.
                          Is there anything else I can do or that you need from me?

                          Comment


                          • #14
                            Re: Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

                            Originally posted by alwaysskint View Post
                            Is there anything else I can do or that you need from me?
                            Nope.

                            Permission to logout granted

                            Comment


                            • #15
                              Re: Lowell ( Bryan Carter ) v Alwaysskint

                              Thread closed and moved to AAD Secure & Legal Portal ------ > Lowell ( Bryan Carter ) v Alwaysskint - Issued 10 February 2015

                              To join AAD+ ---- > AAD+ Members Portal

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