copy of credit agreement

[blackvelvet]

What happens if the Debt collection agency produce a legible copy of a credit agreement?
Thanks

[MIKE770]

depends if it contains all the relevant wording/information and is enforceable or not there can be a wide area of faults. and anybody who deal all the time would recognise any faults,

[blackvelvet]

Thank you for the reply Mike.
What should I be looking for?

[MIKE770]

download to your computer then ask Ame etc to look at it send by PM not on here unless you blank out all personal number details , wait and see what happens for now?

[MIKE770]

Amethyst

[MIKE770]

meantime what is it all about i.e. taken out / credit card/loan etc etc last payment who with etc etc last payment? default date if there is one?

[blackvelvet]

thanks Mike, could you check back occasionally.
My wife has all the details. I will ask her to post here.

[MIKE770]

asked Ame to pop in as well

[Amethyst]

Here Definitly need a bit more info - but mostly if everything is in order and it's not statute barred it's a case of sorting settlement or instalments .... but really impossible to say without knowing what it's about xx

[blackvelvet]

Hi, how do I PM - can't find out where the email address is - thanks

[blackvelvet]

Herewith credit agreement supplied - not signed by other party - allegedly signed by wife (could this be copied from one of her letters?) - couldn't work out how to pm, so have blanked off and posted here - thanks in advance for your help

[Amethyst]

Is that all they sent ? Or were there some pages of conditions too ?

The account was opened in 2007 ?

The terms on the document refer to others ( eg 12.2 is mentioned ) so those others need to be provided

Also I can't see it's been executed ( signed by BOS ) unless the Received stamp contains that ?

They really dont fraud up signatures of debtors - so that's extremely unlikely - but of course compare with recent letters ( like your cca request )

It is likely to be enforceable though - once you have the rest of the terms.

What is is the current situation with it?

[blackvelvet]

Hi Amethyst

Thanks very much.

Yes there were more pages of conditions - do you need those as well?

Strangely there is another page one with the address altered, and the name altered ie the 2nd one has an initial & the first one doesn't. Also the 1st has been photocopied and the other looks freshly made and has no signatures from anyone.

There is also a "Your Personal Details" page, which is also photocopied and has the 1st name and address format.

Now I look at the letter from Lowell and it has the name in the 1st format, but the address with street name only and no number!!

The Received stamp is date in 2008 and has a squiggle signature but no printed name - does this count as valid from them?

I have a claim form from County Court in Northampton, which I can copy you, along with my defence, which is already submitted before I realised I had all this info from Lowell.

Just not sure how to go about all this now - is their information valid, or are the discrepancies mentioned enough to cast a doubt?

What more should I send you, and should I post it on the forum like this, or send in a private mail?

Thanks very much for your help and advice.

[Amethyst]

No that's fine if they are provided and do match up ( just cross ref the mention on the front page to check it is the correct clause in the terms ( for example clause 12.2 should be about their rights in varying APR, fees and charges rates )

2007 agreements would have been used into 2008 so that works out. The address is the correct one from when the account was opened I presume, even if they mucked up the format.

So, Lowell have issued a court claim against you, did you acknowledge, send requests for more info, then file a defence based on the CCA, notice of default and assignment being missing ? then the documents have been sent from Lowell ?

Might be an idea to paste your defence if it is anything different ( on here is fine, leave out personal info )

Do you know when the card defaulted? and last paid ?

How much approx. is it ?

Any PPI / card protection stuff on the card? basically - other than document errors ( which there don't seem to be any) is there a dispute on the account ?

[blackvelvet]

Amethyst Thanks so much for your help - now to try to answer your questions:


1. The two agreements don't match up - the first one with the signature goes up to 4.2 then up to THEFT LOSS OR MISUSE OD CREDIT CARD then the signature section.

The 2nd one has the name (name with one initial, 1st has no initial) and address (address listed on 1st in the Welsh language - on 2nd in English language) - the numbers don't tally up to the same sections though it is headed with the 1974 heading same as the 1st, and the sections numbered go up to either 23.6 or 17.6 as there are photocopied sections on the reverse that don't tally up with the fronts!!! Hope that makes sense.


2. Address is in 2 different languages.


3. Yes, Lowell have issued a court claim. I acknowledged and filed a defence based on CCA, notice of default and assignment. However then I found the package that they had previously sent, dated in 2016.


4.My defence:

1. Paragraph 1 is accepted I have in the past had financial dealings with *, however I am not aware of the account number in question and therefore requested clarity by way of a section 78 request. The claimant has yet to comply.


2. Paragraph 2 is denied I do not recall the exact date or nature of any breach.

3. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Bank of Scotland. Therefore I have sought clarity by way of a CPR 31.14 request. The claimant has yet to comply.


4. It is therefore at this time denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is therefore put to strict proof to:
(a) show how the Defendant has entered into an agreement with the Claimant; and
(b) show how the Defendant has reached the amount claimed for; and
c) show evidence of any breach and service of a Default Notice and subsequent Notices of sums in arrears; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim.


5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.


6. On the alternative, as the Claimant alleges to be an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.


7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.


5. Default: 2013 Last paid: 2013

6. Approx amount: £2500


7. No PPI or card protection - dispute is that statements provided have no bank details on them, and are hearsay - also, I have no deed of assignment or notification letter of default.


Hope there may be something positive here!!!! Thanks