Overdales / Lowell / Next Claim Form received

[ian_mac]

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

[echat11]

a) Ref (a) 'Variation' means changes from when you opened the account, in 2007 to when the account was closed, so for example if the APR was 26.49% in 2007 when it was opened, then they also need to provide the APR (T's and C's) when the account was closed, for example 2018 it was 29.8%.I don't believe i have this. I have a copy of the letter from when the account was closed and passed over to Lowell but it just refers to the outstanding balance. Do i need to chase for this?

b) Ref (c) I believe they need to provide a 'True Copy' of the agreement, a 'reconstituted agreement' isn't compliant.. Do i also need to chase for this and if so it is Overdale/Lowell/Next?

a) I don't believe i have this. I have a copy of the letter from when the account was closed and passed over to Lowell but it just refers to the outstanding balance. Do i need to chase for this?

You do have this, this is the Reconstituted Agreement they sent with Terms & Conditions, but if they 'varied' (changed) for example the APR then they should provide the latest 'varied' Terms & Conditions.

b) Do i also need to chase for this and if so it is Overdale/Lowell/Next?

No point chasing them, they've sent a reconstituted agreement.

Do you know when the account was opened? Exact date.

[ian_mac]

a) Ref (a) 'Variation' means changes from when you opened the account, in 2007 to when the account was closed, so for example if the APR was 26.49% in 2007 when it was opened, then they also need to provide the APR (T's and C's) when the account was closed, for example 2018 it was 29.8%.I don't believe i have this. I have a copy of the letter from when the account was closed and passed over to Lowell but it just refers to the outstanding balance. Do i need to chase for this?

b) Ref (c) I believe they need to provide a 'True Copy' of the agreement, a 'reconstituted agreement' isn't compliant.. Do i also need to chase for this and if so it is Overdale/Lowell/Next?

[echat11]

a) Barring the missing signature it looks o.k.. Have they provided agreements with the Terms and Conditions 'varied', i.e, APR etc. It states that the 'APR under this agreement is 26.49% Variable'. It also confirms why it may vary and that they reserve the right to vary at any time with 28 days notice.

b) In April 2007 I believe you would have had to sign the agreement.

c) Have they stated anywhere that it's a 'reconstituted agreement'?, i.e. they populate a template with information from various bits of data they have. Yes it states it is a reconstituted agreement

Does this help?
Thanks, Ian.

a) Ref (a) 'Variation' means changes from when you opened the account, in 2007 to when the account was closed, so for example if the APR was 26.49% in 2007 when it was opened, then they also need to provide the APR (T's and C's) when the account was closed, for example 2018 it was 29.8%.

b) Ref (c) I believe they need to provide a 'True Copy' of the agreement, a 'reconstituted agreement' isn't compliant..

[ian_mac]

a) Barring the missing signature it looks o.k.. Have they provided agreements with the Terms and Conditions 'varied', i.e, APR etc. It states that the 'APR under this agreement is 26.49% Variable'. It also confirms why it may vary and that they reserve the right to vary at any time with 28 days notice.

b) In April 2007 I believe you would have had to sign the agreement.

c) Have they stated anywhere that it's a 'reconstituted agreement'?, i.e. they populate a template with information from various bits of data they have. Yes it states it is a reconstituted agreement

Does this help?
Thanks, Ian.

[echat11]

Hi, I have gone through this agreement again a few times and tried to clarify what I can see based on the link provided...

a) ... signed in the prescribed manner both by the debtor or hirer - document is not signed by a borrower

(b) the document embodies all the terms of the agreement, other than implied terms - document contains calculation of minimum payment, variable credit limit, APR and many other T&C's
(c) It is legible

In addition the following must be contained: –

1. a) A term stating the credit limit or the manner in which it will be determined or that there is no credit limit - confirms it is variable
2. b) A term stating the rate of any interest on the credit to be provided under the agreement - APR is stated
3. c) A term stating how the debtor is to discharge his obligations under the agreement to make the repayments
   1. Number of repayments; - it is stated how monthly payments will be calculated.
   2. Amount of repayments; - it is stated how monthly payments will be calculated.
   3. Frequency and timing of repayments;- it is stated they are monthly.
   4. Dates of repayments; it is stated they are monthly.
   5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.- states they have the right to vary APR at any time with 28 days notice.

I feel like a lot that is required is in the agreement. The anomaly is the signing.
There is also a clause that says by signing the agreement I will receive a next card for purchasing - does this mean anything if I have not signed the agreement?


Am i missing anything fundamental here or does this cover everything? Thanks in advance.

a) Barring the missing signature it looks o.k.. Have they provided agreements with the Terms and Conditions 'varied', i.e, APR etc.

b) In April 2007 I believe you would have had to sign the agreement.

c) Have they stated anywhere that it's a 'reconstituted agreement'?, i.e. they populate a template with information from various bits of data they have.

[ian_mac]

Hi, I have gone through this agreement again a few times and tried to clarify what I can see based on the link provided...

a) ... signed in the prescribed manner both by the debtor or hirer - document is not signed by a borrower

(b) the document embodies all the terms of the agreement, other than implied terms - document contains calculation of minimum payment, variable credit limit, APR and many other T&C's
(c) It is legible

In addition the following must be contained: –

1. a) A term stating the credit limit or the manner in which it will be determined or that there is no credit limit - confirms it is variable
2. b) A term stating the rate of any interest on the credit to be provided under the agreement - APR is stated
3. c) A term stating how the debtor is to discharge his obligations under the agreement to make the repayments
   1. Number of repayments; - it is stated how monthly payments will be calculated.
   2. Amount of repayments; - it is stated how monthly payments will be calculated.
   3. Frequency and timing of repayments;- it is stated they are monthly.
   4. Dates of repayments; it is stated they are monthly.
   5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.- states they have the right to vary APR at any time with 28 days notice.

I feel like a lot that is required is in the agreement. The anomaly is the signing.
There is also a clause that says by signing the agreement I will receive a next card for purchasing - does this mean anything if I have not signed the agreement?


Am i missing anything fundamental here or does this cover everything? Thanks in advance.

[ian_mac]

I requested the extension as I said I was seeking debt advice from CAB amongst others. This was approved in writing and i have since communicated this to the courts for awareness and to make sure nothing was progressed before the end of the month.

I will go through the agreement again this evening and report back on any anomalies. Thank you for the assistance.

[echat11]

a) I have requested mediation and have an extension to respond by 30 Aug to Overdales.

Good regards mediation, what is the extension for?

b) The only thing is it isn't signed and I can't see date's of when I entered in to the agreement although elsewhere I can see a balance from April 2007.

Go through the agreement again, you've already spotted there are no dates regarding when it was taken out.

Use the links below to determine what term is missing.

https://lawzone.legal/when-is-a-cred...unenforceable/

[ian_mac]

Hi, i have had a look at all of this and although I'm not really sure what I'm doing, I think everything is in place;
Check the Agreement for anomalies - i believe it has all of the right terms etc. The only thing is it isn't signed and I can't see date's of when I entered in to the agreement although elsewhere I can see a balance from April 2007.
Default Notice - I believe it's all ok - it contains the nature of the alleged breach and that the breach is capable of remedy with an appropriate date.
Notice of Assignment - Again, I think this is all ok.

I have looked at all of the other stuff they have sent and there's 200 pages of info that I don't understand at all. I have to assume it's all present and correct. Review of defence is blacked out but everything else appears in order.

I have requested mediation and have an extension to respond by 30 Aug to Overdales. Any advice on next steps would be appreciated. Thank you.

[echat11]

So i believe i am now in receipt of everything and things have moved quite quickly this week...

1) SAR received for the 3 accounts Lowell have for me. Only one is at Court stage currently.
This is several hundred pages long and a bit of a minefield. Is there anything in particular i need to be looking for here?

2) A letter dated 18 July mentioning a settlement figure that i need to respond to in 14 days. I simply don't have this cash so it isn't an option.
I haven't acknowledged this at all. Do i need to?

3) Notice of Proposed Allocation to Small Claims. I must complete the questionnaire by 7 August.

Can i get advice on where i go from here please? I am not sure what i am looking for in the documents provided and it all feels like a bit of a minefield. Any help appreciated as always.

Ian

1) SAR received for the 3 accounts Lowell have for me. Only one is at Court stage currently.
This is several hundred pages long and a bit of a minefield. Is there anything in particular i need to be looking for here?

Start by looking at the account where a Court claim has been made, check the Agreement for anomalies, has agreement got the prescribed terms. Then look at the Default Notice does it comply and look at letters of Assignment. Then go through other stuff for account. Make notes if anything is out of place. Do the same with the other accounts, do it in stages.

2) A letter dated 18 July mentioning a settlement figure that i need to respond to in 14 days. I simply don't have this cash so it isn't an option. I haven't acknowledged this at all. Do i need to?

When you've checked the paperwork for this account post an update. You could write to them, ask for an extension until 30th August, explain that you want to seek help from a debt advisor, e.g. CAB.

3) Notice of Proposed Allocation to Small Claims. I must complete the questionnaire by 7 August.

If you've received all the documentation requested, then say 'yes' to mediation.

https://legalbeagles.info/library/gu...uestionnaire//

[ian_mac]

You need to understand what they've sent you.
a) The Court Acknowledged you Defence,
b) They've sent reconstituted letters of assignment,
c)They've requested further information that you have requested.

You don't need to do anything else at the moment, update when you get more docs, but don't post them up, just state what they are and look at anomalies.

So i believe i am now in receipt of everything and things have moved quite quickly this week...

1) SAR received for the 3 accounts Lowell have for me. Only one is at Court stage currently.
This is several hundred pages long and a bit of a minefield. Is there anything in particular i need to be looking for here?

2) A letter dated 18 July mentioning a settlement figure that i need to respond to in 14 days. I simply don't have this cash so it isn't an option.
I haven't acknowledged this at all. Do i need to?

3) Notice of Proposed Allocation to Small Claims. I must complete the questionnaire by 7 August.

Can i get advice on where i go from here please? I am not sure what i am looking for in the documents provided and it all feels like a bit of a minefield. Any help appreciated as always.

Ian

[echat11]

Hi, so i have now received my first correspondence in response to my letters:
1) HM Courts and Tribunal acknowledgement of defence - dated 17 May 2023
2) Overdales response stating:

........It is also likely that our Client's Claim will be allocated to the Small Claims Track.

Accordingly, it is our Client's position that the provisions of CPR 31 do not apply to this Claim.

Despite this, we can confirm that documents in support of our Client's Claim have been requested and will be provided upon receipt.

In the meantime, please find enclosed reconstituted copies of the Notice of Assignment as requested.

Copies are attached below. Could i please get some advice on next steps and if there is anything i need to do yet?

Thanks. Ian

You need to understand what they've sent you.
a) The Court Acknowledged you Defence,
b) They've sent reconstituted letters of assignment,
c)They've requested further information that you have requested.

You don't need to do anything else at the moment, update when you get more docs, but don't post them up, just state what they are and look at anomalies.

[ian_mac]

Hi, so i have now received my first correspondence in response to my letters:
1) HM Courts and Tribunal acknowledgement of defence - dated 17 May 2023
2) Overdales response stating:

........It is also likely that our Client's Claim will be allocated to the Small Claims Track.

Accordingly, it is our Client's position that the provisions of CPR 31 do not apply to this Claim.

Despite this, we can confirm that documents in support of our Client's Claim have been requested and will be provided upon receipt.

In the meantime, please find enclosed reconstituted copies of the Notice of Assignment as requested.

Copies are attached below. Could i please get some advice on next steps and if there is anything i need to do yet?

Thanks. Ian

[echat11]

Thanks for all of your help to date, it is really appreciated. Defence has been emailed and a copy sent to Overdales.
Just to make sure, i don't need to do anything else on Money Claim at the moment do i for the defence? Is it just a case of sitting tight now and seeing what they come back with?
Thanks, Ian

a) i don't need to do anything else on Money Claim at the moment do i for the defence?

No, you don't need to do anything more with Money Claim.

b) Is it just a case of sitting tight now and seeing what they come back with?

They have 28 days to respond to your Defence, see what they comeback with (you might want to respond).

The Court will send a Directions Questionnaire after 28 days, asking if you want Mediation, that will depend on what they send you.