Documents not received after CCA request

[Shooe]

Hi.

Received a short application form (capital one) instead of a credit agreement from the claimant. Could this hold up in court as a credit agreement in accordance with sections 77-79 of the Consumer Credit Act 1974?

Also requested for documents since 16/4/21 and non have arrived apart from the short application .form which was signed in 2004.. This has long gone past 12 days.for a request for documents. Could anyone tell me what I should do next please as the matter is being allocated to the small track claims court

[MIKE770]

Celestine

[Celestine]

Does the application have your signature on and the key terms? Are they legible? What lender?

[Shooe]

Does the application have your signature on and the key terms? Are they legible? What lender?

CapitalOneApplication.pdf

Yes my signature is on it and the document is legible, I would say there are no key terms but there are some confusing statements. It states it's a short application form then in the area where I sign it states it's a credit agreement. For more clarification I have attached the form and removed all personal data for your perusal.
Thank you for your comments.

[Celestine]

I have taken a look at that attached document and I'm happy to confirm that it is just an application sheet. The terms and conditions are mentioned as a separate document but not attached. Sometimes you get the 'key terms' on such documents. Key terms are the essentials like interest rate, cancellation, payment dates etc - None of those are on this document so this document does not comply with your request under s.78 CCA.

[Shooe]

I have taken a look at that attached document and I'm happy to confirm that it is just an application sheet. The terms and conditions are mentioned as a separate document but not attached. Sometimes you get the 'key terms' on such documents. Key terms are the essentials like interest rate, cancellation, payment dates etc - None of those are on this document so this document does not comply with your request under s.78 CCA.

Thank you. that's good news. and thank you very much for your time. Much appreciated.

[Shooe]

Hi.

I've received an amended claim from the claimants by email. - 22nd July. This was sent after the court sent a letter that if I the defendant was not made to understand what the case is about it would be struck out by the 27th. The amended claim has some exhibits stated below:

1. The credit application I mentioned before has now been exhibited on the amended claim
2. A letter of assignment claiming to be from capital one written to me in 2006 (I'm not aware of receiving this)
3. A statement of account that does not make any sense to me. (This is the first time I'm seeing it)
The statement only shows the card was used to pay for things in stores and was last used in 20012. The claimant states the The Account relates to an agreement between Capital One but what is said to be the agreement is the application form as discussed before
There is no evidence of correspondence between lowell and my self neither is there anything showing that I made any payment to lowell so I'm abit confused as to what the claimants are trying to prove.

I also thought that exhibits were to be shown in the witness statement but claimants have put exhibits in the amended claim.

(a) Does this mean there would be no witness statement?
(b) Am I to respond to the amended claim as an amended defence since the exhibits were not in the original claim?
(c) If I'm to respond to the amended claim how much time do I have because claimants were given up till 27th which is next week Tuesday and I only got the amended claim by email on the 22nd
(d) since the last payment shown on the statement which seems to be an excel sheet was in 2012 and there has been no payment or correspondence between myself and Lowell can I send a letter of statute bar to the claimant and also mention this in the new defence if I'm supposed to send an amended defence?

Claimant also stated in the email via their solicitor that they are still willing to come to an arrangement but I'm not sure what arrangement that could possibly be when I can't see any link that they have with the alleged debt.

Any information would be much appreciated.

[MIKE770]

might be wrong but I think it may be their last attempt before withdrawing as they probably know they have no case, if all you state above is fact i.e.:- no proper documents etc etc fingers crossed??? sending by E-Mail:_??? un professional.! lowells try this till last moment before they withdraw (Discontinue) or loose their deposit. look out for their next move? no speaking to them !for now!

[Shooe]

Yes I did think sending me the amended particulars of claim by Email was a bit dodgy. Thanks for your response and guidance.
Much appreciated.

[Celestine]

pt2537 Just checking if/when amended defence required?

[Shooe]

Thank you for your message. Apologies I've just seen it,
I was not sent any information about making an amended defence I just received the amended claim from the claimant's lawyer by email. However I used the defence sample given on the platform for my defence which is quite detailed and still seems to cover everything including the fact that it is statute barred and that the document (application form) not having the terms of the contract according to S.77 or 78 of the Consumer Credit Act 1974 because there were two documents added to the amended claim - (1) the application form which I signed as seen by you and also (2) What seems to be a random Word or Excel document showing that I paid for things in the shop with the card up till 2012 and the claimant seems to be emphasizing on assignment in the amended particular of claim. So I'm not too sure what I could have amended in my defense unless you have any suggestions which I would most welcome.
Also I wondered if the court was to inform me of anything about the amendment. I really don't have much clue as to what's going on with the case or what to expect next.

[Celestine]

Ok, then the only thing your defence does not explicitly state is that the document supplied by them under s.78 CCA is not compliant by virtue of the fact it contains none of the key terms. This could be covered off by you in a witness statement rather than amending the defence; which as you correctly say, covers the key points. Have you written an open letter (Do not put 'without prejudice) to the opponent informing them that you disagree this document complies? If not, I would and then you can add that to your witness statement later also.

[Shooe]

OK. I will do.

Thank you.

[Shooe]

[QUOTE=Shooe;n1585894]

Hi,
Anyone , I would appreciate some help if I can get it today. I received the witness statement from Lowell's. The hearing is the 3rd of March and I only received it on the 11th of Feb does this mean if I am correct I must submit my witness statement by tomorrow because I only have 14 days before the hearing? or are weekends included in this. Also another important question is the credit card application that was sent to me earlier has now changed. The claimant's have now added some terms and conditions to it by typing it up at the back of the credit card application form that I signed to look as if it was part of the credit card application form and has also added some additional pages of terms and conditions to it. All this I was not aware of until I saw it in their witness statement also added to this is the fact that they came out with some typed up statement showing that I had made payments to them which I am not aware of . I don't understand the statement but I do know that I never dealt with them directly. There was a time I was with payplan I don't know if some contact had been made by them but the claimants have never mentioned pay plan in their claim or witness statement. Could you please give me any suggestions if necessary.
Thank you in advance.

[Celestine]

I hope you submitted the witness statement and mentioned the very late supply of new T&Cs.