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Overdales / Lowell / Next Claim Form received

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  • ian_mac
    replied
    Yes, I confirmed ‘a response was received containing a Reconstituted Agreement, but having reviewed the document I do not believe that I have received the varied Terms and Conditions.

    This does not comply with the request under CCA 1974 so is it possible to please provide the required information.’

    i am in holiday now for 10 days but will send an email to Overdale today stating that there is still information outstanding - I sent them copy of the letter I issued to Lowell on 1 September so it shouldn’t come as a surprise.

    Thanks for the clarity, will post an update when received.

    Leave a comment:


  • echat11
    replied
    Error posting.

    Leave a comment:


  • echat11
    replied
    Originally posted by ian_mac View Post
    Hi, I am still awaiting the response from Lowell to the varied T&Cs request but have received a letter dated 1 Sep that they require a proposal for settling the debt or they are proceeding to final hearing.

    I was planning to write back stating that I require the T&C as requested before discussing the settlement but just wanted to check that this would be the right approach or should I be doing something different?

    Thanks in advance. Ian.
    In your request did you state 'Varied T & C's'?

    All you need to do is state that they haven't complied with your request for T's & C's which is still outstanding.

    Remember, you have mediation, Witness Statement then a Hearing, if it isn't resolved.

    Leave a comment:


  • ian_mac
    replied
    Hi, I am still awaiting the response from Lowell to the varied T&Cs request but have received a letter dated 1 Sep that they require a proposal for settling the debt or they are proceeding to final hearing.

    I was planning to write back stating that I require the T&C as requested before discussing the settlement but just wanted to check that this would be the right approach or should I be doing something different?

    Thanks in advance. Ian.

    Leave a comment:


  • echat11
    replied
    Originally posted by ian_mac View Post
    Thank you. I have sent an email to Overdale and sent a letter in the post (proof of receipt) to both Overdale and Lowell. Thank you for the advice.
    is there anything else that I should be doing for now or just sit tight and wait for the response on the varied T&C’s?
    Wait to see what their response is.

    Leave a comment:


  • ian_mac
    replied
    Thank you. I have sent an email to Overdale and sent a letter in the post (proof of receipt) to both Overdale and Lowell. Thank you for the advice.
    is there anything else that I should be doing for now or just sit tight and wait for the response on the varied T&C’s?

    Leave a comment:


  • echat11
    replied
    You sent them a CCA request, they responded by sending a 'Reconstituted Agreement', but haven't sent you 'varied' Terms and Conditions (you've gone through them) which they should have done. So send / email them a follow up letter, stating they haven't complied with your request under CCA 1974.

    Leave a comment:


  • ian_mac
    replied
    Hi, I was given an extension to the end of August so really need to get back to Overdales before the press the court button. Any advice on what I need to do now with this one? Thanks in advance.

    Leave a comment:


  • ian_mac
    replied
    Originally posted by echat11 View Post

    Logically, from 2007 to 2018, the APR would have changed, either gone up or down, so the agreement has been 'varied', but the information you received doesn't reflect that. Did you send a CCA request as part of the Court case?
    Yes I did. In response to the request they sent me:
    1) Reconstituted credit agreement - this is the only place i can see the APR of 24.9% Variable
    2) Statement of account - this is showing every purchase, return, payment and adjustment but none mention an APR change.
    3) Default Notice

    That's everything i got. I have also been through the SAR and can't see anything in there.


    Leave a comment:


  • echat11
    replied
    Originally posted by ian_mac View Post
    I wish i had my own record of when it was taken out as almost feels too much of a coincidence that they say is was taken out 11 days after 6 Apr 2007!
    I have just noticed that as part of the statement of account i received the reconstituted statements but they only start at Statement 10 in March 2008. This tally's with the dates above but the info is missing.

    From the reconstituted statements, last payment made was 19 Dec 2018.
    Logically, from 2007 to 2018, the APR would have changed, either gone up or down, so the agreement has been 'varied', but the information you received doesn't reflect that. Did you send a CCA request as part of the Court case?

    Leave a comment:


  • ian_mac
    replied
    I wish i had my own record of when it was taken out as almost feels too much of a coincidence that they say is was taken out 11 days after 6 Apr 2007!
    I have just noticed that as part of the statement of account i received the reconstituted statements but they only start at Statement 10 in March 2008. This tally's with the dates above but the info is missing.

    From the reconstituted statements, last payment made was 19 Dec 2018.
    Last edited by ian_mac; 30th August 2023, 16:07:PM.

    Leave a comment:


  • echat11
    replied
    Originally posted by ian_mac View Post
    Hi, is there any advice on next steps? I was granted an extension by Lowell until tomorrow so need to understand where i can go from here. Any help appreciated
    They have provided a reconstituted agreement, if the agreement had been taken out before 6th April 2007, then it would have been 'unenforceable'.

    There is no doubt the agreement would have been 'varied' i.e. APR from 17th April 2007 and when you last made a payment, when did you last make a payment?

    Leave a comment:


  • ian_mac
    replied
    Hi, is there any advice on next steps? I was granted an extension by Lowell until tomorrow so need to understand where i can go from here. Any help appreciated

    Leave a comment:


  • ian_mac
    replied
    Originally posted by echat11 View Post
    Look through all the documents e.g. statements sent, see if there are any other APR's other then 26.49%.
    I have been through everything they have sent to me - credit agreement, statement of account, default notice and SAR and there is no other mention of an APR apart from in the reconstituted credit agreement.
    I do not have any old statements etc from 4 years ago to see if the APR changed from 26.49%?

    Leave a comment:


  • echat11
    replied
    Originally posted by ian_mac View Post
    I have had another look through the documents and i can't see anything that says they have varied the APR or any other conditions.
    The info they have provided states the account was opened on 17 April 2007
    Look through all the documents e.g. statements sent, see if there are any other APR's other then 26.49%.


    Leave a comment:

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