Capital 1 Debt Sold on to Lowell Financial

[Amethyst]

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

Okay they look like they are from late 99 early 2000 as they refer to the interest rate up to and from August 2000 being 17.9%. V2a says the same.

Para 10 margin of 10.17% on V3# - 10.66% on v2a

Couple other minor interest rate differences

v3# they have added in a clause - clause 12 Payment Protection Insurance - that isn't on V2a

That would explain the move of the 'use of information clause' from para 22 to para 23

There's no box on the front of your signed page for ticking PPI, but your signed page right hand side black box panel has an extra line under the % rate
, so could be right, as it has changed and as we can't see it well enough to check the Para 22 / 23 bit I don't think that's strong enough to evidence those are not the right reconstruction.

Bugger.

[Amethyst]

Re: Capital 1 Debt Sold on to Lowell Financial

In 2012 the charges would have been changed to £12 - they'd have gone up from £10 until about 2005 when they'd have got to £25, then the OFT had a flid at the CC companies and they all reduced them to £12. So unfortunately that doesn't help.

[bcarterproblems]

Re: Capital 1 Debt Sold on to Lowell Financial

Definitely unambiguous in this scan as 22. The copy they have sent me is not a legible copy of the original agreement as I cannot even see the paragraph numbers from the signed page with a magnifying glass and magnifying the information using a computer only distorts it still further. It is my guess that the paragraph referred to from the printed page 5 is 23 on the scanned signed agreement copy.

Looking at Kafka's other information he has mentioned that in addition to the other information I requested under SAR they should also have supplied me/the court with a default notice - this is not one of the documents in the witness statements, there are also potentially other documents that they have not provided out of the list requested of them.

[Amethyst]

Re: Capital 1 Debt Sold on to Lowell Financial

Okay so the agreement does seem to be the right one.

The front page is illegible but they have provided a reconstruction.
They have included copies of all statements from 1999.

What;s the position with Default Notice and Notice of Assignment ? Did you ask for those under the CPR request ?

[bcarterproblems]

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

So at any time Lowell can reconstruct an agreement that was not included on the original page I signed in order to obtain the credit card and we have no way to prove that a reconstruction that seems to have been issued in 1999 is the same as the agreement clauses I signed up to in 1997. They can also issue illegible copies of my original signed agreement without this being an issue when used as court evidence.

[Amethyst]

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

Was yours definately taken out in 1997 ? I thought it was 1999.

[Amethyst]

Re: Capital 1 Debt Sold on to Lowell Financial

ie. If yours is signed in 1997 it cannot possibly be that the terms that accompany it can be v3# when the terms of 1999 are V2a - AND I very much doubt the inception terms from 1997 would have discussed the interest rate changes in August 2000.

[bcarterproblems]

Re: Capital 1 Debt Sold on to Lowell Financial

Copy of UB3 Lowell letter as attached. This purports to be The Notice of Assignment in Bryan Carters Witness Statement.

When sending the original request for information I included:

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2 A Statement of account
3 The assignment
4 The default notice
5 Any termination notice
6 Any other documents relevant to this claim

The three documents they have now supplied are:

An illegible signed agreement with other reconstructed agreements that may or may not be the terms agreed to.
Statements of account from 1999 to 2014, two years missing of course from the time of the original application.
A letter from Lowell purporting to have been issued in July 2013 as the notice of assignment.

They have not supplied: Default notice and notice of termination.

Today is the day that I should be supplying my witness statement to both Lowell and the court. Is there any leeway for posting documents to the recipients on the 14 day deadline if they are received in the post by Monday rather than today?

[Amethyst]

Re: Capital 1 Debt Sold on to Lowell Financial

They are stuffed then those terms are not from 1997. 100% on that.

[bcarterproblems]

Re: Capital 1 Debt Sold on to Lowell Financial

My signature to the agreement which I have blocked on the information scanned to yourself was definitely in 1997. Have Lowell deliberately missed the statement copies from 1997 implying that the credit card was incepted in 1999 matching the agreement versions they have sent to the court?

[Amethyst]

Re: Capital 1 Debt Sold on to Lowell Financial

Yes Monday will be fine. You can email them ( the court and the claimant ) as a PDF attachment.

[bcarterproblems]

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

Definitely 1997 and very clear on the signed visa application form the offer for which apart from the date I have written against my signature expired on the 24 September 1997.

[bcarterproblems]

Re: Capital 1 Debt Sold on to Lowell Financial

So we have them as the evidence they have finally supplied can be proven not to match the original agreement terms, I wonder what the court will make of Lowell giving statements from 1999 and agreements matching that date for a card incepted in 1997. Shall I start to draft my witness statement so it can be posted and emailed to the court and Lowell/BC today and attach a copy of the draft for you to see on the forum. I might even be able to deliver it directly to the court by hand within working hours and get a signature at the court for date and time document was received.

[Amethyst]

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

Please feel free to rip this up and start over so just as idea for the witness statement - obviously needs lots more adding... but hopefully its a starting point ( excuse the numbering, pasting from Word is always a pain)

1. I , xxxxxxxxxxxxxxxxxxxx, am the Defendant in this case. I make the following statements in support of my Defence.

1. I received the claim from the Claimant on xxxxxxxxxxxxxx

1. The Claim is for a Credit Agreement regulated under the Consumer Credit Act 1974.

1. The Claimant only provided copies of documents which I have been requesting since receipt of the claim [EXHIBIT A – D] on xxx November 2014.

1. My requests included a formal request made under s.78(1) of the Consumer Credit Act 1974.

78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and


(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

1. The Exhibits with the Witness Statement include a copy of what is alleged to be the original credit agreement [ EXHIBIT E]

1. The front page of the Credit Agreement is illegible and very hard to make out the wording of. This is contrary to the The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983
   
   2 Legibility of notices and copy documents and wording of prescribed Forms
   (1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed
   agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety
   under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily
   distinguishable from the [background medium upon which the information is displayed].

1. The Claimant attaches what they allege to be a reconstruction of the Terms and Conditions that formed a part of the Credit Agreement.

1. It is my contention that the Terms and Conditions are not the Terms and Conditions that were attached to the original agreement and put the Claimants to strict proof that they were.

1. List of reasons why they aren’t the right terms

1. The 5 pages of Terms and Conditions could not possibly have been printed on the reverse of the Signed Application page without being illegible.
2. Paragraph 10 refers to a change of interest rate due in August 2000.
3. -Word this without sounding a bit bonkers..... V3# comes after V2a and V2a is 1999
4. Xxxxx
5. xxxx

11. This is a breach of The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 section 3 General requirements as to form and content of copy documents
(1) Subject to the following provisions of these Regulations, every copy of an executed agreement, security instrument
or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act
shall be a true copy thereof.

1. The Claimant has not therefore complied with my formal request made under the Consumer Credit Act 1974 section 78, and under section 78(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;
the agreement is therefore barred from enforcement.

[Amethyst]

Re: Capital 1 Debt Sold on to Lowell Financial

So we have them as the evidence they have finally supplied can be proven not to match the original agreement terms, I wonder what the court will make of Lowell giving statements from 1999 and agreements matching that date for a card incepted in 1997. Shall I start to draft my witness statement so it can be posted and emailed to the court and Lowell/BC today and attach a copy of the draft for you to see on the forum. I might even be able to deliver it directly to the court by hand within working hours and get a signature at the court for date and time document was received.

Good plan.