Lowell solicitors have applied for a ccj, please help!

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Evening all,

I am just looking at different templates and threads relating to witness statements, trying to find the most suitable one's. A lot of them are similar in the way they point out the fact for example Lowell fail to respond to requests for information and can't 'provide credit agreements etc. This was the same for myself however the last correspondence I had from Lowell were copies of the credit agreement and further documents, which I have included photos of in previous posts. So the question is does this make writing the WS harder or what is the best way of approaching this? One last thing is do we now think Lowell have the upper hand?

Thanks as usual.

Micky

[warwick65]

Re: Lowell solicitors have applied for a ccj, please help!

Hi Micky

Do they have the upper hand, that is a hard one and something I can't answer.
they may have produced the agreement and the DN but can the prove the assignment, I dunno

Sorry I can't be of more help

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Evening,

To give myself the best chance of a positive outcome I have arranged for mediation a week on Wednesday just to cover all eventualities. I am also going to start work on my witness statement now and hopefully get something of a decent standard sorted.

Micky

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Looking at Witness Statement examples the best way seems to be to list the exhibits in order e.g. requests sent for information, Lowell's failure to respond etc.

If I have a pack here from Lowell's dated 21 March claiming to provide a copy of the original agreement, default notice, deed of assignment and notice of assignment (see photos on page 6) then how would I proceed in writing a good witness statement, wouldn't this contradict everything?

Many thanks

Micky

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Evening all,

Can anyone help me out and answer my question in the previous post?

Micky

[charitynjw]

Re: Lowell solicitors have applied for a ccj, please help!

Hi Micky

Those images on page #6.....is that all that Lowells/Sols have sent?

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hi Charity

Lowell Solicitors sent out a big bundle of paper which pretty much consisted of the photos I uploaded in earlier posts. The documents were;

DIGITAL SIGNATURE APPLICATION DETAILS
DEFAULT NOTICE
ACCOUNT PURCHASE AGREEMENT
LETTER TITLED INTRODUCING LOWELL
CREDIT CARD AGREEMENT (Lots of small print)
NOTICE OF ASSIGNMENT
PRE-CONTRACT CREDIT INFORMATION (more small print)

Not sure if it's all correct and certainly can't recall ever seeing a lot of it before.

Micky

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hi

Can anyone help with my previous question about the witness statement?

Thanks
Micky

[charitynjw]

Re: Lowell solicitors have applied for a ccj, please help!

If that is all they have sent, they have not evidenced any agreement that include all of the prescribed terms.
Until & unless they do it is unenforceable.

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hi Charity

Thanks for your informed response, I may sound naive here but if that is all they have sent how entirely is it unenforceable?

Any advice on the best way to go about the Witness Statement too?

As always all the advice is greatly appreciated.

Micky

[charitynjw]

Re: Lowell solicitors have applied for a ccj, please help!

Hi Micky

On rereading the purported reconstituted agreement, I must admit I'm a bit puzzled.
A SECCI is just an informational document designed to give a prospective customer an overview of the main points of a credit agreement that he/she is considering.
It is in no way the full monty, as it does not include all the Terms & Conditions of the final agreement, & so cannot be compliant as far as a CCA request is concerned.
That's just my opinion, mind, so I would welcome other views.
But to my mind, if the creditor cannot show evidence that there was indeed a document signed by the debtor (whether 'wet ink', or 'tick box' on the occasion of an on-line agreement being arranged), then there isn't an agreement containing the prescribed terms.

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hi Charity

Lowell Solicitors sent a letter 21st March saying, "Pursuant to the court order dated 16 February, please find enclosed a copy of original agreement, default notice, deed of assignment and notice of assignment sent to the defendant".

So in terms of the original agreement all they have sent is what is shown in the photos, that SECCI you just mentioned and another item of paperwork in bold which says,"CREDIT CARD AGREEMENT REGULATED BY THE CINSUMER CREDIT ACT 1974", which has lots of very small, small print?

In terms of signing anything they have provided 3 pages under the headline of DIGITAL SIGNATURE APPLICATION DETAILS, no tick box or wet ink insight. All they've provided is a shoddy looking photocopy of my personal details.

Micky

[charitynjw]

Re: Lowell solicitors have applied for a ccj, please help!

So in terms of the original agreement all they have sent is what is shown in the photos, that SECCI you just mentioned and another item of paperwork in bold which says,"CREDIT CARD AGREEMENT REGULATED BY THE CINSUMER CREDIT ACT 1974", which has lots of very small, small print?

In terms of signing anything they have provided 3 pages under the headline of DIGITAL SIGNATURE APPLICATION DETAILS, no tick box or wet ink insight. All they've provided is a shoddy looking photocopy of my personal details.

Micky

Ok Micky.

Ref the 'Credit card agreement regulated by the Consumer Credit Act 1974', is the picture (page #6) the only page of that document that Lowells have disclosed? (Ie, are there any other pages of that particular document that Lowell has sent in their bundle of documents?).

[Darter245]

Re: Lowell solicitors have applied for a ccj, please help!

Hi Charity

Just looking again thru the bundle, unfortunately no it's not the only page. That one I uploaded was the headline page, there is 5 pages in total, encompassing 34 different points under different sections.

At at the bottom of the last page the following is there;

Signed By: : Mr darter245
Signed on: : 06/11/2012
Signed At: : 16:23:29

A signature looks like Stuart Halls
for and behalf of Vanquis Bank Limited
19/02/2013

(different dates is that strange)

Does this now look like bad news?

Micky

[charitynjw]

Re: Lowell solicitors have applied for a ccj, please help!

Ahhh!

In that case you'll have to run very careful forensics over all the pages of the agreement.
Look for anomolies (eg mention of reference to a term on one page, but that term does not appear anywhere else in the agreement...that sort of thing).
Also check on your statements (presuming the SAR disclosed them)....look for the interest rates compared with what is shown on the agreement. Basically anything which could show that the alleged agreement sent by Lowell is not the one that you 'signed'.