Overdales / Lowell / Next Claim Form received

[echat11]

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?

[ian_mac]

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.

[echat11]

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?

[ian_mac]

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.

[ian_mac]

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.

[echat11]

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.

[ian_mac]

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?

[echat11]

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.

[ian_mac]

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.

[echat11]

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.

[echat11]

Error posting.

[ian_mac]

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.

[ian_mac]

Hi, so I have received an update from Overdales.dated 11 Sep. I have only received it today as I was out of the country - which I informed them.
Their response notes my comment that the reconstituted credit agreement does not comply as it does not include T&C's.
However they refer to Carey v HSBC and state that they have complied with my request.
They state again that they have been instructed to proceed to final hearing and I had to reply in 7 days which i couldn't as I was out of the country.

Any advice on how I can go back to them now? They clearly don't believe they need to send varied T&C's and I need to really reply asap before they press ahead with the court instruction.

Thanks in advance. Ian.

[echat11]

Hi, so I have received an update from Overdales.dated 11 Sep. I have only received it today as I was out of the country - which I informed them.
Their response notes my comment that the reconstituted credit agreement does not comply as it does not include T&C's.
However they refer to Carey v HSBC and state that they have complied with my request.
They state again that they have been instructed to proceed to final hearing and I had to reply in 7 days which i couldn't as I was out of the country.

Any advice on how I can go back to them now? They clearly don't believe they need to send varied T&C's and I need to really reply asap before they press ahead with the court instruction.

Thanks in advance. Ian.

Write back, you might as well spell it out for them -

Tell them to look at the FCA's Handbook, CONC 13.1 Application, CONC 13.1.4 (6)

https://www.handbook.fca.org.uk/hand...ation%20notice.

You could say to them, that you are minded to lodge a complaint with the FCA, but that's up to you.

Also state that you previously advised them that you would be out of the country, thus the late response.

[ian_mac]

Thanks a lot, I have sent them a reply via email today and sent a copy in the post to Lowell and Overdale.
I have told them of my disappointment that they have not met my request and am minded to contact the FCA - nothing wrong with making them a little irritated/uncomfortable!
Will come back when I get further replies. Thanks. Ian.