Capital 1 Debt Sold on to Lowell Financial

[bcarterproblems]

Re: Bryan Carter/Lowell/Capital One - Continuation of previous posts

Ok will post with an earlier thread also.

[Amethyst]

Re: Bryan Carter/Lowell/Capital One - Continuation of previous posts

Morning

Just catching the news feeds up then will be with you. And thanks for the pm.

xxx Sharon xxx

[bcarterproblems]

Re: Capital 1 Debt Sold on to Lowell Financial

Update to my original post for help with Bryan Carter/Lowell - I have also posted a new thread.

After more than three months I have just received documentation requested from Lowell and Bryan Carter today which gives me one day to submit my witness statement to be within 14 days of the court hearing date.

The original agreement that they have enclosed with their witness statement is dated 1997. It appears to be a marketing form sent out by Capital One at that time which I signed.. The wording on the page signed is just deciferable as indicating my agreement to the terms and conditions as outlined overleaf or as amended from time to time. To my knowledge I believe for an agreement to be enforceable under the consumer credit act the salient details of interest rates etc have to appear on the same page as the signature. The pages that Lowell have indicated belong to document UB1 number 15. Other than the page that was signed these could have been drawn from any number of different agreements over the period from 1997 to 2014, neither I nor anyone else could prove that these were the terms I agreed to when this card was taken out. Having decifered the wording surrounding my signature I have summarised this in the attached word document.

I have also summarised the information from the witness statement of the Legal Administrator at Bryan Carter in a second file. Paragraph 12 of this makes no sense other than if it were re-written as they appear to be telling the court that they are advising me of something therein at this point in time "the claimant is advised".

Following your advice I will draft my witness statement and submit this to the court tomorrow. Having seen the information I requested three months ago and was entitled to by statute it seems very unfair that Lowell have chosen now to find the paperwork they should have supplied three months earlier leaving little time to prepare a defence. It seems they have intentionally done this in the circumstances is this allowable that they remedy their breach and I have to respond immediately with no time to peruse the paperwork supplied other than after I have had to file my witness statement?

Any advice as to the comments they have made and the legal way to refute these would be much appreciated also.

In their document pack UB1 purports to be the agreement between Capital One and myself (15 pages - 1 signed with the least information)
UB2 Summaries of the card statements from 1999 to 2014
UB3 Lowells notice of assignment

I attach:

Copy of the page signed by myself in 1997 when taking out the credit card with personal details blanked out - I have placed the points agreed to on the face of this document in a file on it's own and attached this also.

Summary of Lowell's/BC's witness statement.

My summary of the wording on the agreement which I have managed to decifer.

Thanks in advance.

[nemesis45]

Re: Capital 1 Debt Sold on to Lowell Financial

Hi How does Lowell describe this " application form" is it as a " reconstituted agreement"?

[Amethyst]

Re: Bryan Carter/Lowell/Capital One - Continuation of previous posts

Have you got the reconstruction of the terms and conditions/agreement as well ?

[Amethyst]

Re: Bryan Carter/Lowell/Capital One - Continuation of previous posts

Have a look here - http://www.legalbeagles.info/forums/...483#post162483

Same application.

Refers to para 22 of attached terms and conditions being about how information about you might be used

Doesn't look like the terms go up to 22 in that case.

[bcarterproblems]

Re: Capital 1 Debt Sold on to Lowell Financial

No they make no description of the form other than it being part of Exhibit UB1 - exhibit UB1 is the original signed agreement which I have scanned as an attachment and summarised what can be read from the small print on this. The other 15 pages of UB1 are separate type written pages which appear to be taken from various agreements that could have been issued over a period of time by Capital One none of which as they are not listed as copies of the agreement terms and conditions overleaf to the signed page be proven to be reconstituted or actually. Clearly 15 pages could not have been overleaf to a single form. The descriptions Lowell have given to the paperwork they have submitted to the court are all contained with my precis of the Legal Administrators Witness Statement as attached, the only mention in this is to UB1.

[Amethyst]

Re: Bryan Carter/Lowell/Capital One - Continuation of previous posts

I've merged threads, so you might need to read back a bit.

[Amethyst]

Re: Capital 1 Debt Sold on to Lowell Financial

No they make no description of the form other than it being part of Exhibit UB1 - exhibit UB1 is the original signed agreement which I have scanned as an attachment and summarised what can be read from the small print on this. The other 15 pages of UB1 are separate type written pages which appear to be taken from various agreements that could have been issued over a period of time by Capital One none of which as they are not listed as copies of the agreement terms and conditions overleaf to the signed page be proven to be reconstituted or actually. Clearly 15 pages could not have been overleaf to a single form. The descriptions Lowell have given to the paperwork they have submitted to the court are all contained with my precis of the Legal Administrators Witness Statement as attached, the only mention in this is to UB1.

In those 15 pages what does paragraph 22 say ?

[nemesis45]

Re: Capital 1 Debt Sold on to Lowell Financial

The App/agreement is "not easily legible" even when magnified.

[bcarterproblems]

Re: Bryan Carter/Lowell/Capital One - Continuation of previous posts

To Clarify the contents of UB1 which is the agreement section of Lowells information. Page 2 is the original application form for the card signed by me. It indicates that the terms and conditions I agreed to were overleaf as shown in my summary of what I am able to read from this.

Pages 2 - 6 of UB1 are very legible copies of what appears to be an agreement bearing my name issued by Capital One at the time this card was incepted. My signature is not with these pages and the six pages clearly could not be overleaf to the original form I signed which purported to contain the terms and conditions I agreed to, my name and previous address is included in the first paragraph of page 3. No mention is made of this being a reconstituted agreement. There is no date of issue on pages 2-6 so it can only be assumed that these were issued at the time of application. Pages 7 - 13 of UB1 have a cover sheet which indicates that the terms of this agreement are the terms of the Defaulted Agreement - this does not bear my personal details. There is a third agreement again in a different format addressed to my current address, again undated on pages 14 - 15. Page 15 contains an unsigned agreement page which seems to be a copy of something sent out at some stage by Capital One after 2005. No mention is made of any of the documents being reconstituted agreements.

[Amethyst]

Re: Bryan Carter/Lowell/Capital One - Continuation of previous posts

What does paragraph 22 of the reconstruction of the inception terms say?

[bcarterproblems]

Re: Bryan Carter/Lowell/Capital One - Continuation of previous posts

Thanks Amethyst, think I have caught up on everything to date.

[bcarterproblems]

Re: Capital 1 Debt Sold on to Lowell Financial

Paragraph 22 is listed as General. The invalidity of any provision of this Agreement shall not affect the validity of any other provision. we shall not be liable for any failure to perform our obligations as a result of computer systems or, ATM failure, industrial dispute or any circumstances beyond our control. We can delay enforcing our rights under this Agreement without losing them. we can also accept late payments or partial payments or cheque and money orders marked "payment in full" or other similar language without losing any of our rights under this Agreement. we may assign our rights and benefits under this Agreement at any time, without giving you notice.

[bcarterproblems]

Re: Capital 1 Debt Sold on to Lowell Financial

By the way paragraph 22 is found on page 5, part of what purports to be the original agreement bearing my name and address.