Lowell vs Tmum21

[echat11]

ACCOUNT 1

CREDIT AGREEMENT LOOKS O.K.
LETTER OF ASSIGNMENT - NO HEADER
A BLANK TEMPLATED DEFAULT NOTICE - no information at all in the Default Notice.

Can you check if they varied the Terms and Conditions since you signed the original agreement? i.e. varied interest rate etc.

ACCOUNT 2

CREDIT AGREEMENT LOOKS O.K.
LETTER OF ASSIGNMENT LOOKS O.K.
DEFAULT NOTICE (INCOMPLETE) - you don't know if there is more information in the letter.

Can you check if they varied the Terms and Conditions since you signed the original agreement? i.e. varied interest rate etc.

ACCOUNT 3

CREDIT AGREEMENT LOOKS O.K.
LETTER OF ASSIGNMENT LOOKS O.K.
DEFAULT NOTICE (INCOMPLETE) - you don't know if there is more information in the letter.

Can you check if they varied the Terms and Conditions since you signed the original agreement? i.e. varied interest rate etc.

Any thoughts? When is the hearing?

[Tmum21]

Where would I find out about the varied rates, by email? I don't remember if they changed any.

The default notices for account 2 & 3, which part is incomplete sorry, there are 2 letters for each account which they call a default notice Im confused which is the notice? account 3 is in the bundle and theres an extra one for account 2 i noticed after https://imgur.com/gallery/KuRyqYJ

Hearing is on the 3rd so I am extremely nervous and I have Uni all week and an assignment so I'm extremely stressed at the moment

[Tmum21]

I have thought of more things that were wrong with the original accounts.

So account 1, i returned something within the interest free period and they made an error refunding it. so it was a manual refund which took ages to do, but then when the interest free period ended they charged the lump of interest and they wouldnt refund it and contacted several times to be messed around and never sorted.

Account 2 & 3 i messaged cap one about losing my job, and as far as I am aware they should have frozen my account and they didnt. It was on their internal messaging system, conveniently didnt include those notes with their info

[Tmum21]

Ok so I have found an email from capital one saying they updated the t&c. So I am looking at the T&C they have sent and they dont seem to match up. for example:

"before signing this agreement", I can't even see that on their document they sent. I'm going to print off now and look through.

[Tmum21]

Sorry I have looked now in physical form and compared,

Their evidence they provided is the old original t&c not the updated ones that they sent in November 2017. I am not sure what this means but surely the ones they are using in the case are no longer applicable?

[echat11]

Where would I find out about the varied rates, by email? I don't remember if they changed any.

The default notices for account 2 & 3, which part is incomplete sorry, there are 2 letters for each account which they call a default notice Im confused which is the notice? account 3 is in the bundle and theres an extra one for account 2 i noticed after https://imgur.com/gallery/KuRyqYJ

Hearing is on the 3rd so I am extremely nervous and I have Uni all week and an assignment so I'm extremely stressed at the moment

a) Where would I find out about the varied rates, by email? I don't remember if they changed any.

If you sent a SAR the account summary should indicate that the T & C's has been varied.

b) The default notices for account 2 & 3, which part is incomplete sorry, there are 2 letters for each account which they call a default notice

They sent incomplete Default Notices, it's not a complete letter, there is a sheet missing, a letter finishes with Yours sincerely, the name of the sender and the position of the sender.

The other letter is a Statement of Default. The important one is the Default Notice (incomplete).

c) Im confused which is the notice? account 3 is in the bundle and theres an extra one for account 2 i noticed after https://imgur.com/gallery/KuRyqYJ

The ones that say Notification of Default.

Hearing is on the 3rd so I am extremely nervous and I have Uni all week and an assignment so I'm extremely stressed at the moment

You'll be o.k.

[echat11]

I have thought of more things that were wrong with the original accounts.

So account 1, i returned something within the interest free period and they made an error refunding it. so it was a manual refund which took ages to do, but then when the interest free period ended they charged the lump of interest and they wouldnt refund it and contacted several times to be messed around and never sorted.

Account 2 & 3 i messaged cap one about losing my job, and as far as I am aware they should have frozen my account and they didnt. It was on their internal messaging system, conveniently didnt include those notes with their info

Unfortunately, I don't think those things are relevant at this stage.

[echat11]

Sorry I have looked now in physical form and compared,

Their evidence they provided is the old original t&c not the updated ones that they sent in November 2017. I am not sure what this means but surely the ones they are using in the case are no longer applicable?

Example you signed a Credit Agreement with Capital One on say 01/01/21, they send you the T & C's.

Capital One vary the T & C's on 01/01/22, they send you the T & C's.

So when you make a CCA request, they should send copies of both the original T & C's 01/01/21 and the varied T & C's 01/01/22.

Does that make sense.

Look / read at page 13, point 2.27 in the link below -

https://www.uk-debtcollection.com/pu...ms/OFT1272.pdf

[Tmum21]

I’m sure they have only sent the one sent of T&C’s from the original agreement. They’ve not mentioned any other. I’ve had to search my emails to see that they’ve changed and that’s what I copied above. is this another point of strength that the T&C s changed and this lot haven’t acknowledged?

I think it’s the not exactly knowing what I’m talking about which scares me. So what are the chances the judge says their reconstituted docs are ok even though they have these faults.

[Tmum21]

I’ve just double checked the default letters to see if it was me that’s not scanned and nope not me at fault that’s all they have sent for default notice.

[MIKE770]

DJs tend to accept a statement on file default notice sent on???? never ever seen one produced in court? these days electronics taken over so not much manual intervention.

[echat11]

SHOP DIRECT ACCOUNT 1

CREDIT AGREEMENT LOOKS O.K.
LETTER OF ASSIGNMENT - NO HEADER
A BLANK TEMPLATED DEFAULT NOTICE - no information at all in the Default Notice.

Can you check if they varied the Terms and Conditions since you signed the original agreement? i.e. varied interest rate etc.

CAPITAL ONE - ACCOUNT 2

CREDIT AGREEMENT, they haven't provided copies of the 'varied' Terms & Conditions.
LETTER OF ASSIGNMENT LOOKS O.K.
DEFAULT NOTICE (INCOMPLETE) - you don't know if there is more information in the letter.

ACCOUNT 3

CREDIT AGREEMENT, they haven't provided copies of the 'varied' Terms & Conditions.
LETTER OF ASSIGNMENT LOOKS O.K.
DEFAULT NOTICE (INCOMPLETE) - you don't know if there is more information in the letter.

I'm assuming that if they varied T & S's for one Capital One account, they would have done the same for the other.

[Tmum21]

I’ve just double checked the default letters to see if it was me that’s not scanned and nope not me at fault that’s all they have sent for default notice.

So are you saying the judge will be ok with the blank default notice?

[echat11]

So are you saying the judge will be ok with the blank default notice?

MIKE770

[MIKE770]

a copy of what constitutes a default notice that a company sends out (not an actual copy of yours) and a company record of a default notice sent out on such a date, judges tend to accept,

PRA Group (UK) Limited v Goodinson (Court of Appeal Ref B2/2020/0436) (Jan 2021)– Application for permission to appeal for a second time granted on a preliminary issue – The DDJ found on the balance of probabilities that a default notice compliant with the Consume Credit Act 1974 was sent on x December 20xx and the Circuit Judge held that he was entitled so to find. Although question of fact real prospect of success – raises an important principle or practice as to the extent which the existence of a compliant statutory notice can be inferred