angelino
-
Posts
22 -
Joined
-
Last visited
-
On the signed agreement about half way down it states "Important - there are more terms overleaf"... but they have not provided those additional terms. How would the court view this? Is it necessary for Lowell to provide the full terms and conditions?
-
Thanks Yes I am very confused but I think I know one of the reasons why. In their reply they only mention their disclosure requirements under CPR 31.14 which it seems do not apply apply to small claims. They do not mention anything about the CCA request.
-
So with this being on the small claims track, is it true what Lowell are saying in regards to not needing a default notice? What is time period in which a creditor MUST send a default notice? Also, with it being small claims, would that mean they do not have to comply with the 7 day deadline to produce the signed agreement, default notice etc... It actually took them over 4 months. They sent it on the very last day before the case was about to be struck out. It is like they were waiting until the very last moment for some reason which seems odd. Anyway, looking at other threads a defendant usually gets something like 28 days from when they received the CCA to respond to the claimant before they take further action but in my case I got the CCA 1 day after the claim was supposed to be struck out. So there was no time to respond before they paid the trial fee etc.. as they had already done that before I got the CCA.
-
The agreement started June 2011 and was set to finish June 2012. Looking at the repayment sheet it must of gone into arrears December 2011. I read that a default notice must be issued before a debt is sold. Would that not apply in this case?
-
So is it true that they would not have to issue a default notice? Would the notice of assignment also count as notice of Sums in Arrears? Thanks
-
So would anything in Lowells repsonse be counted as a default notice? If no then would I be able to use this when it goes to court?
-
Thanks response from lowell 1st-sept-17.pdf
-
So it has been a while but I have finally heard back from Lowell. They have sent me... * a copy of the original signed agreement * a copy of a letter showing they have been assigned the debt * an excel sheet showing payments They have not sent me a copy of any default notices though. I am not sure what to do from here to be honest. Court date is set for the end of next month
-
I see, thanks. The first thing I did was look at other threads. I only log in when posting to this thread. I guess I didn't look hard enough. So many places to look, so little time.
-
OK thanks. I just wasn't sure because underneath that question it states "If you answered NO , mediation is not suitable for your case".
-
Update: I received a letter from Lowell over a month ago stating that they are waiting for the signed credit agreement to come through from Provident. I have not heard from them since. I have also received a form from the the county court which is titled 'Notice of Proposed Allocation to the Small Claims Track' which I believe is an N180 form. So should I agree to the case being referred to the small claims mediation service? One of the questions which requires a yes or no answer states "I can confirm that I have enough information about the claim, to allow me to enter in to negotiations" Since I have not been sent the signed credit agreement should that mean that I do not have enough information about the claim to enter negotiations? Thanks
-
That's great. I will get on this now. Great way to spend sunday evenings Thanks for your time and effort everybody. I will update if anything changes. Thanks
-
I filed the defense on MCOL. I did not send the email because I managed to login today. MCOL must of had some network issues on Friday. Unless there is something I am missing I will not be able to edit my defense on MCOL. The only thing I can do now is email them another defence as an extension of what is already filed on MCOL and make out I needed more space than what MCOL's 400 or so characters provide. Also, to answer your question previously yes the previous loans were paid off in full.
-
OK Im logged in to MCOL now but Im not sure if I can edit the defence. I guess I can still send a CCA request though right or will it have litle use now?
-
No I dont think I did send a CCA. The reason being is I did some reading up about it at the time and some forum somewhere mentioned that CCA is no good because it asks for a "True" copy of the credit agreement which does not have to be a copy of the original signed credit agreement. CPR.pdf
