Blagging it?

[Never-In-Doubt]

Re: Blagging it?

<--- Thread split --->


Capital One have issued a claim - through Lowells (Bryan Carter) dated 22/05/15.

Details in protected section --> http://forums.all-about-debt.co.uk/s...Legal-vs-Baxta

[panther12]

Re: Blagging it?

If you can access the letters I would defo open them as you risk default ccj if ignored. Bwyan Carter tried that with my brother who emmergrated to Oz, I sent Carter authorisation signed by Brother allowing me to deal with his affairs and to address everything to me at my address. He did until it came to issuing a claim form which Carter used brothers old UK address knowing he no longer lived there. Luckily the people renting his house handed me the mail before Carter could get default ccj and he eventually discontinued.

[baxta59]

Re: Blagging it?

Mind you I have been returning letters to fair fax for about a year and nothing has happened so far

[baxta59]

Re: Blagging it?

ok well I will take a chance and open the next one and see what it says

[The Tech Clerk]

Re: Blagging it?

Ok. But surely if their letters are returned unopened as I am working away and letting my house out they can't progress anything? Or am I just kidding myself?

By Default!!!!!!!!!!!!!!!!!!! that is what they hope for a CCJ because no defence etc.

[baxta59]

Re: Blagging it?

Ok. But surely if their letters are returned unopened as I am working away and letting my house out they can't progress anything? Or am I just kidding myself?

[Never-In-Doubt]

Re: Blagging it?

They do issue claims. I'd definitely open one of their letters just to see.

[baxta59]

Re: Blagging it?

Hi Nid
Long time since we last spoke. I assume bw legal are just another DCA.
Hope you're doing well
B

[Never-In-Doubt]

Re: Blagging it?

Well there you go. Don't worry - if anything serious arrives let us know. Anything from lawyers - best open. Just to be safe

[baxta59]

Re: Blagging it?

Hi

I have been getting mail from a DCA for months that get returned unopened. It was Fairfax but they have started putting bw legal on the envelope along with the usual 'to be opened by the addressee only'

Its got to be longer than 6 years. I have a good credit rating now and even got credit for a new car. I am guessing they are trying it on

[The Tech Clerk]

Re: Blagging it?

how have you got on with this one?

[Never-In-Doubt]

Re: Blagging it?

MBNA
I am confused again. I thought that if they do not respond as per the cca request or failed in any part of it the the matter enters dispute I am not talking about the RBS one which has the cc claim form issued but another account Nid

Well yes, it means they will struggle to enforce but that doesn't necessarily put it into dispute per se. Thing is UE law changes all the time with new cases being brought in the courts. As such what we used to work to may not be the case, sometimes it is beneficial to us and other times to the bank.

The thing is does it matter if it is in dispute? No, not at all. If you request a CCA and they fail with any part of it then just wait till they respond next and then send one of the many templates (we'll guide you). And try and keep them at bay for 6 years (until SB).

Don't worry too much about the classification of "In Dispute"... It isn't that important really.

[baxta59]

Re: Blagging it?

MBNA
I am confused again. I thought that if they do not respond as per the cca request or failed in any part of it the the matter enters dispute I am not talking about the RBS one which has the cc claim form issued but another account Nid

[Never-In-Doubt]

Re: Blagging it?

As I suspected, as far as I can tell the MBNA one is still in dispute unless I have missed something somewhere

Your theory of dispute may not be a valid reason, so not necessarily. Failure to comply with s.78 is not classed as a formal dispute, for example. However if you do not owe the firm any money, and they are hassling you, then yes - you'd have cause to classify it as being in dispute.

Regardless, in dispute or not, you need to correspond whether it be sending a holding letter of full reply, each time they write tell us here and we'll try and guide you in the right direction.

Some letters you ignore, others you don't

[baxta59]

Re: Blagging it?

As I suspected, as far as I can tell the MBNA one is still in dispute unless I have missed something somewhere