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.
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.
Bryan Carter/Lowell/Capital One - Continuation of previous posts
