i am going to write back to them asking for the other agreement and all statements regarding both accounts, i am also asking if they can put on hold any collection activity until i recieve all requested documentation.

the only things that lowell has sent me regarding documentation from provident is the letter that stated they had sold the account to lowell. the other is a single page copy of one of the agreements showing signatures and includes account number etc... i have no statements so i don't know what amount is owing on the agreement or what charges have been added should i push them for the other agreement, ask for statements or any other types of information? thanks for the replies

I received a letter sometime ago from lowell (21st October 2014) saying they had acquired a debt from provident regarding a couple of loans i took out a while back, with the letter there was a letter from provident saying they had handed over the debt to lowell. Within the letter from lowell it stated that the breakdown of the amount claimed owed covered 2 different accounts/agreements from 2010 and 2011. I decided to send a CCA request to lowell on the 27th October 2014 In January i received a letter from lowell saying they had closed the case at present as the document they had requested from provident was no longer available due to the length of time since the account was opened. They stated they would not contact me again unless the document was received by them. today i received a letter from lowell with a copy of one of the agreements from 2010 but not for the other agreement from 2011. In the letter they said they would stop collection activity for 30 days whilst they await proposal of repayment just wondering if someone could help and advice me what to do next next. always grateful to all who respond thank you

Just a quick question as a follow up I have to send the witness statement off to all parties involved . On the original court claim form it states the claimant is Lowell but below on the box titled 'address for sending documents and payments (if different)' it states Bryan Carter I send a copy to the county court but do i send the other copy to the Lowell or Bryan Carter? thanks for your time

just wondering if anyone can advise me, my son is 20 years old and has been diagnosed since an early age with autism and has recently been diagnosed with moderate learning disabilities, he was at a school for special needs up until he left school at 16. he is currently receiving DLA but he has no real idea of money and always wants to spend it as soon as he gets it. The problem is because he wants to be more independant we allowed him to sign up for a phone contract and have sky installed in his room both come out on a monthly basis on the understanding that the money would always be in the bank. recently he was getting parcels delivered to the door, we found out that he had set up 2 catalogue accounts online and had been getting things from there, also buying many items from other online stores. also we have just found out that he has also been purchasing tickets to concerts all over the country without discussing it with us, he has purchased over a dozen tickets for events in just the last few months. it seems like he has been spending just for the sake of it. here is where the problem is, because he has been spending all his money he has been taking out payday loans in order to subsidize this habit, we had no idea of this, only finding out about this today. each time he was borrowing more and more in order to pay of the previous one and has he has no idea when it comes to money it seems to have spiralled. he is due to get his DLA friday and has just decided to tell us that he is unable to pay his phone and sky because there is over 800 pound due to come out of his account from payday loans... 3 different ones in total! and he is not making the payments to the catalogues because the funds aren't there. i now need to contact all the catalogue companies and payday loan companies on his behalf. i have already gone into his bank with him to cancel the payday loans from coming out but i still need to contact the companies. could anyone point me in the direction of a letter or advise me what to write that will highlight this situation he has gotten himself into. any help would be greatly appreciated thank you

so just to clarify... i only need to send a witness statement signed and dated with a statement of truth to both claimant and court, no other documents need to be sent as i am saying the claim is statute barred witness statement: 1 The Claimant's claim was issued on (date). 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied. is this correct? also doing this do i still need to go to court? thank you for your time and advice

this is where i am struggling as i do not have a clue what to write and how to present it, also what documents to include (the only documentation i have is the full SAR from welcome finance), and as only using these forums as a means of legal advice i feel i am in way over my head

today i received a letter from the county court. allocation to small claims track - hearing 31st march 2015 as i have never done this before i am unsure what to do next. here are some points i raised previously... 11th July 2005 notice of default for the account, 21st July 2005 letter account termination letter, 25th July post termination notice. April 2008 last payment made on the account. 15 July 2008 car was lifted from property. 20th September 2014 claim was issued in court. cca request sent to Lowell (no response) cpr request to Bryan Carter (letter back saying they they will not send me any of the requested items and that i should rely on the paperwork i already have) Asked for a full sar from welcome, over 100 pages sent Mediation supposed to call 1st December, nobody called on that day whatsoever. now i have received this letter for from the court i do not know what i do now. Do i have to send the claimant and the courts everything i have from welcome? i have been off work now for a month and will be off work for at least another 2 months due to having major surgery and at present am on statutory sick pay and in reality going to struggle if i have to photocopy all the pages twice then send them off in the post. any help would be appreciated as i am worried about this case as i have never had to deal with anything like this before. thank you for your time

mediation was supposed to be today, had to finish work early just for the call, i never even got the phone call from the mediation center...

got a full SAR through the post today from welcome (around 2cm thick). they show a number of 'agreements' the final one is the one relating to the car. from what i have is a letter dated the 11th july 2005 they sent me a notice of default for the agreement, 21st july 2005 they sent me a letter saying the agreement had now been terminated and then 25th july i received a post temination notice. after these letters i came to an agreement to try and prevent the taking of the car as i was in a job which i had to travel to and was starting nurse training and needed a vehicle to get me to university so i did make some payments after that date. as stated previously i made my last payment in april 2008. looking on their course of actions a few things showed up regarding the taking of the car. On the 12th july 2008 someone visited my address and noted visual confirmation of the vehicle another note was placed on the same date valuing the car at £770 quite a lot less than what i originally was paying. On the 15th july 2008 a note was put on file that the car had been lifted. There are no letters regarding the sale of the vehicle and no receipts for the sale. looking at statements they have sent there is a payment made to the agreement balance via a cheque for £350 on 13th August 2008 but i do not have a clue who or what it is relating to as at present i can't find any other documentation. one other predicament i am in at the moment is i have a number of activity sheets and a couple of entries in late 2009 listing phone calls to me that claim phone conversation which i do not remember. the notes are similar things to what i had said to them years before such as doing nursing, been to CAB, partner not working, offering them a token payment and that i accepted that i still had to pay off all the debt. This is complete rubbish as why would i still offer to pay a penny when i had no car, especially as i had to use a full bursary payment to actually purchase another car which added more to the debt i was already in. just wondering what are my options now, especially regarding the notes on the activity sheets from 2009. the mediation date is on Monday so i am getting quite worried after receiving this huge bundle through the post. as always any help is greatly appreciated

well i phoned up the mediation service... and i am confused now. originally on the MCOL site i put as my defence 1 The Claimant's claim was issued on 10 September 2014. 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £xxxx or any other sum, or relief of any kind is denied. i also agreed to mediation Upon speaking to the mediation service just now they have set aside a hour long appointment on december the 1st i told them that i believe that the claim is statute barred as it was over 6 years between the final payment and the claim but was told mediation isn't about disputing a claim. i was then told mediation was for me to come to a satisfactory offer to propose to the claimant. the person i spoke to made me feel that i was the one in the wrong and it was up to me to sort it out if i believe the claim is statute barred how can i come to a satisfactory offer? i am struggling financially at the moment and have to take 12 weeks off work from mid December due to having to have a major operation which will add greater to my financial difficulties

i am slightly confused now... on the 10th november i received a letter dated the 7th of November from the courts about going to mediation and booking an appointment, i held back on doing this as i am still awaiting a full SAR from welcome finance. today i received a notice of transfer of proceedings letter dated the 18th of November. just wondering if someone could help me as to what this means regarding how this case progresses and why would it be transferred before a mediation appointment has been made. should i still phone mediation on the first letter or wait until i get yet another letter this time from mansfield county court any help/advice would be greatly appreciated as always

thank you for the quick reply once mediation is agreed upon can i just state that i feel that the claim is statute barred as it was over 6 years since i personally last made a payment or would i have to give more evidence, which at the moment i do not have.

firstly i would like to thank all you kind people for your previous help. today i received a notice of proposed allocation to the small claims track from the court along with a N180 form. just wondering what i need to do now. any advice would be greatly received. thank you again

Well i put my statute barred defense in a week ago, today i received a couple more letters from bryan carter... just wondering what i do now due to the fact i still don't have any paperwork whatsoever.

thanks so when would be the best time to fill in the statute barred defense... should i leave it till last minute or ASAP? Also am i correct in simply putting this in the defense box :- 1 The Claimant's claim was issued on 10th September 2014. 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £8xxx or any other sum, or relief of any kind is denied.

the problem i have is i have no paperwork and only only thing i do have is a bank bank statement showing a last payment made in april 2008... after that no payments were made as they had already took the car without notice. as carter is not going to send any info and the possibility of both Lowell (CCA) and Welcome (SAR) not sending the paperwork before the deadline i am quite worried at the minute

here is the letter in pdf format

as i only have seven post i am unable to post links or images please pm me if you need a direct link to the image edit: seems to have let me add a link after all... thank you

Well today i got a letter back from the CPR 31.14 request to Bryan Carter Solicitors and it looks like i am not getting any of the requested documents... s22.postimg.org/t0ezuy09t/letter.jpg just wondering what i do now... any help appreciated

thanks for info... i have sent off SAR request am i correct in my assumption that i have until 12 October 2014 to add the Statute barred defense I just hope i get back the info from the CPR 31.14 that will confirm no payments were made after April 2008

i acknowledged the claim yesterday and am sending off the CCA and CPR requests this morning i haven't got any paperwork whatsoever from welcome and am not sure of my old account reference number to include in a SAR. Do i just send it of with all the details minus the account/reference number?

so if i check the box to enable the extra 14 days am i still able to make the statute barred defense within the extended period? i have just checked through 7 years of bank statements and it seems a payment was last made to welcome on the 23 of April 2008! i didn't realize that i had paid anything around that time what course of action should i take now as i am unsure if anything that was done after that date... especially as i originally thought my last payment was in 2006 also when they took the car no notice was given that it was going to be taken or any letters from welcome afterwards regarding what happened with the car, if this was sold at auction and used as payment towards the debt would that 'payment' be classed as a payment by myself? i was never given any papers regarding the taking of the car or sale of it and to my knowledge no money came off the debt after they took it... except the money owed kept going up. should i now, after finding the payment on my bank statement, still send off the CCA and CPR just to find exactly what payments i have made and any written correspondents?

Thanks for the reply with regards to the statue barred defence how do i go about it as i have never been presented with anything like this before. do i respond to the claim online via moneyclaim website?

thank you for your reply i believe payment protection was included in the original finance package they took the car after i stopped making payments due to my financial situation and not being able to reach a satisfactory payment plan. No payments were made after the car was taken. I personally have not seen any previous letters from Lowell that they claim to have sent do i need send both the cpr and cca to lowell? doesn't the cpr mention requesting the agreement so is the cca needed to be sent?