Lowell-Shoosmiths MBNA Account Claim Raised in Scottish Court

[echat11]

On reviewing the bundle again, I seem to have two copies of a CCA agreement, the original one (which had a £200 limit on opening) which has typed name and date for my acceptance, and another under section heading "defaulted agreement" which is more like something that would have been printed and sent in the mail showing a credit limit of £1800 but doesn't have my signature on it, but has the opening statement of "Before signing this agreement" then has a list of things I need to do/be aware of. Should this variation have my signature on it either wet or electronically to count as a valid agreement?

It is also signed by Darren Carlile who only started as VP of Operations in 2018 on checking Linked IN.

It looks like the agreement has been 'varied', the Credit Limit has been increased. Did you agree to the increase?
If it says 'Before signing this agreement', then they should have sent it to you to sign. They shouldn't be increasing
your credit limit without your authority. You need to establish how that has 'happened'.

[aldo102938]

Format Notices of Assignments of Debt to third parties, what should I be looking for... does this look correct? Should it not have details of the amounts due under the account?

Or does this look pukka in terms of presenting to a court?



Reference: Capital One
Credit Card Account Number: --------
New Reference No: -------


Dear ------
We’re writing to let you know about a change of ownership of your Capital One account. We’ve made the decision to sell your account to Lowell Portfolio I Ltd, and it was sold on 18 June, 2020. Lowell Portfolio I Ltd have instructed Lowell Financial Ltd (Lowell) to manage your account. They are a company who specialise in working with customers who’ve defaulted.

What this means for you

You will need to ensure that you cancel any Standing Orders or Direct Debits you may have set up for this account as you will now need to make payment arrangements directly with Lowell. If a payment has been made to us since 18June, 2020, we’ll make sure it gets to Lowell.

What happens next?

Any contact about the account should now be with Lowell. Someone from Lowell will get in touch soon to go through the details of your account. They’ll talk to you about what you need to repay and help you find a sustainable payment solution that’s affordable for you. If someone is helping you manage your account (such as a debt management company or a relative), you should tell them about the sale and that contact and payments should be with Lowell from now on.

If you have questions or need help

You should speak with Lowell about this account. They have the most recent information about your account to hand and are best placed to handle your questions or to help you with your account in the future. Sometimes it’s helpful to talk to an independent person. Here are some debt advice providers that offer free, confidential advice for anyone needing support with their finances:

• StepChange Debt Charity on 0800 138 1111; www.stepchange.org
• PayPlan on 0800 280 2816; www.payplan.com
• National Debtline on 0808 808 4000; www.nationaldebtline.org

How we use your data

Our privacy policy is available at https://www.capitalone.co.uk/web/privacy-statement.jsf. This explains what personal data we hold about you and how we use it; it also sets out your rights and how to exercise them.

With thanks
Darren Carlile
Head of Customer Operations

[echat11]

Sometimes you receive two letters of assignment, one from the assignor and one fro the assignee.

a) It should have your name / address
b) It should have the assignee's name / address / contact details.
c) The date of the assignment.
d) I'm fairly sure the debt amount should be on there, but will have to check.

Sometime they just 'type' them out.

[aldo102938]

Ok had Case Management meeting today over Webex. Stated that I don’t dispute original agreement (which I can’t), but appears to have been modified to include a higher credit limit, and that it wasn’t signed or dated and appeared incomplete. Sheriff has now scheduled a Pre-Proof Hearing in November over Webex and an Evidential Hearing at Livingston Sheriff Court in December.

[echat11]

Ok had Case Management meeting today over Webex. Stated that I don’t dispute original agreement (which I can’t), but appears to have been modified to include a higher credit limit, and that it wasn’t signed or dated and appeared incomplete. Sheriff has now scheduled a Pre-Proof Hearing in November over Webex and an Evidential Hearing at Livingston Sheriff Court in December.

O.K. Update in October, so we can help you prepare something.