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.

[aldo102938]

Ok, some further updates. Prior to going on holiday I had an email from Shoosmiths...

---------------------------

Good Afternoon X,

I hope this email finds you well.

I refer to the above matter in which we act for the claimant.

Following the hearing of 13 June, we referred back to our client in relation to the queries that you had raised. Our client wishes to resolve this matter in an amicable way which does not require further hearings. As such we are reaching out to you with a view to answer the queries that you had raised so that we may progress this matter without further court procedure.

Please find attached a further copy of our List of Evidence form, with page numbers included for ease of discussion. Should you have any difficulty in accessing this document, please do not hesitate to let me know.

In respects of your query related to the copies of the contracts within the list of evidence provided. There are two copies of the contract with terms and conditions provided at pages 1-2 and again at pages 4-5. This is a duplicate copy of the same contract dated 24/9/2012, which I appreciate may have been confusing when reviewing the list of evidence. However, both copies state the same terms and conditions, and are both signed by you.
We further note that there is a letter which also contains the terms and conditions from pages 7-11. This is explained as a letter copy of updated terms and conditions in respects of the card. There is a reminder of your agreement within this letter which contains the relevant financial information for the credit card.

In respects of your query related to the method that the Notice of Assignation would have been issued, we queried this point with out client and have been advised that the Notice would have been issued via standard post.

I trust that our explanation answers the main queries that you have. However, should you wish to discuss this matter further, or you have any further queries, please do not hesitate to contact me.

As before, our client wishes to resolve this matter amicably. We welcome your proposals by return email. Alternatively, if you would prefer to call, I can be reached at the number below.

Should you not understand any part of this email, we recommend that you seek independent legal advice.

I look forward to hearing from you.

-----------------------

On returning from holiday I received this email...

Good Afternoon X,

I hope you are well.

I refer to the above matter and to our previous correspondence below dated 12 July. I note that we have not yet received a response in this matter. I would be grateful if you would review our email below and revert to us at your earliest convenience.

Our Client wishes to resolve this matter amicably without the need for further court process, as such we welcome your proposals for payment of the outstanding balance due to our client by return email.

Please be advised a postal letter has been issued to you with a further copy of our list of evidence.

Should you have any queries or wish to discuss this matter further, please do not hesitate to contact me.

If you do not understand any part of this email, we recommend that you seek independent legal advice.


------------------------

What's the thoughts on this? Trying to force my hand because they know they haven't enough documentation or evidence to support their case?

The other two accounts they did have which were statute barred have now been closed and removed from my credit file.

Should I throw a really lowball offer under a without prejudice, or see if they give up before the court date in November?

Thanks

[echat11]

Ok, some further updates. Prior to going on holiday I had an email from Shoosmiths...

---------------------------

Good Afternoon X,

I hope this email finds you well.

I refer to the above matter in which we act for the claimant.

Following the hearing of 13 June, we referred back to our client in relation to the queries that you had raised. Our client wishes to resolve this matter in an amicable way which does not require further hearings. As such we are reaching out to you with a view to answer the queries that you had raised so that we may progress this matter without further court procedure.

Please find attached a further copy of our List of Evidence form, with page numbers included for ease of discussion. Should you have any difficulty in accessing this document, please do not hesitate to let me know.

In respects of your query related to the copies of the contracts within the list of evidence provided. There are two copies of the contract with terms and conditions provided at pages 1-2 and again at pages 4-5. This is a duplicate copy of the same contract dated 24/9/2012, which I appreciate may have been confusing when reviewing the list of evidence. However, both copies state the same terms and conditions, and are both signed by you.
We further note that there is a letter which also contains the terms and conditions from pages 7-11. This is explained as a letter copy of updated terms and conditions in respects of the card. There is a reminder of your agreement within this letter which contains the relevant financial information for the credit card.

In respects of your query related to the method that the Notice of Assignation would have been issued, we queried this point with out client and have been advised that the Notice would have been issued via standard post.

I trust that our explanation answers the main queries that you have. However, should you wish to discuss this matter further, or you have any further queries, please do not hesitate to contact me.

As before, our client wishes to resolve this matter amicably. We welcome your proposals by return email. Alternatively, if you would prefer to call, I can be reached at the number below.

Should you not understand any part of this email, we recommend that you seek independent legal advice.

I look forward to hearing from you.

-----------------------

On returning from holiday I received this email...

Good Afternoon X,

I hope you are well.

I refer to the above matter and to our previous correspondence below dated 12 July. I note that we have not yet received a response in this matter. I would be grateful if you would review our email below and revert to us at your earliest convenience.

Our Client wishes to resolve this matter amicably without the need for further court process, as such we welcome your proposals for payment of the outstanding balance due to our client by return email.

Please be advised a postal letter has been issued to you with a further copy of our list of evidence.

Should you have any queries or wish to discuss this matter further, please do not hesitate to contact me.

If you do not understand any part of this email, we recommend that you seek independent legal advice.


------------------------

What's the thoughts on this? Trying to force my hand because they know they haven't enough documentation or evidence to support their case?

The other two accounts they did have which were statute barred have now been closed and removed from my credit file.

Should I throw a really lowball offer under a without prejudice, or see if they give up before the court date in November?

Thanks

Without going into what they have delivered by way of documents / evidence. Make a 'Without Prejudice' offer, make sure that is written prominently on the letter / email. An amount that you are comfortable with, which you think they may accept.

[aldo102938]

Hi guys, so I’ve made an offer and stipulated I would pay 50% upfront and the balance on removal of credit file entry.

this is what I got back…

“After discussing with my client, we are willing to accept the amount you have proposed. However, please note that due to the nature of this arrangement as a partial settlement, it is not within our client’s power to remove entries related to your credit file. The debt will be marked as “partially settled” on your file to indicate that a settlement offer has been accepted rather than paid in full.



For clarity, your settlement offer will still serve as full and final settlement of the entire debt. This means that, on receipt of payment of the settlement figure, your liability in the matter will be fully concluded and we will seek to have the action against you dismissed.”


Any suggestions on getting them to comply?

Thanks

[echat11]

Hi guys, so I’ve made an offer and stipulated I would pay 50% upfront and the balance on removal of credit file entry.

this is what I got back…

“After discussing with my client, we are willing to accept the amount you have proposed. However, please note that due to the nature of this arrangement as a partial settlement, it is not within our client’s power to remove entries related to your credit file. The debt will be marked as “partially settled” on your file to indicate that a settlement offer has been accepted rather than paid in full.



For clarity, your settlement offer will still serve as full and final settlement of the entire debt. This means that, on receipt of payment of the settlement figure, your liability in the matter will be fully concluded and we will seek to have the action against you dismissed.”


Any suggestions on getting them to comply?

Thanks

Unfortunately, what they state is correct. The Default will drop off your Credit File next November.

'The debt will be marked as “partially settled” on your file to indicate that a settlement offer has been accepted rather than paid in full.'