Lowell/? claimform - old Provident loan 'debt' ***Claim Discontinued***

[MrJohnW]

Name of the Claimant - Lowell Portfolio I LTD

 

Date of issue – 17/01/2019

 

Date to acknowledge) = 04/02/17

 

 

Date to defence = by 4pm Friday 17/02/17

 

What is the claim for?

 

1) The Defendant entered into a consumer credit act 1974 regulated agreement with Provident personal Credit limited under account reference ********* ('the agreement').

 

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

 

3) The Agreement was later assigned to the Claimant on 26/06/2015 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £2**.** remains due and outstanding

 

And the Claimant claims

a)the said sum of £2**.**

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing at a daily rate of £0.046, but limited to one year, being £16.92

C) Costs

 

What is the value of the claim? £303.42

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Provident Doorstep loan

When did you enter into the original agreement before or after 2007? After 2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim? Lowell,

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Unable to tell as she didn't keep letters sent to her, but probably. She recalls letters from Lowell last year but it could be from something else. She has also moved 4 times since this was taken out.

 

Did you receive a Default Notice from the original creditor?

 

Unable to tell as she didn't keep letters sent to her, but probably.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Unable to tell as she didn't keep letters sent to her, but probably.

 

Why did you cease payments? Agent never turned up.

 

What was the date of your last payment? She doesn't think she ever made a payment.

Was there a dispute with the original creditor that remains unresolved?

 

Does not turning up to collect count?

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

No, when no-one turned up she just ignored the problem.

 

 

Hi there,

 

Looking for some help for a freind.

She has had a claim form arrive this morning for an old Provident account from Lowell.

She thinks it may relate to a doorstep arrangement where the agent never turned up to collect but there is no paperwork provided to prove the claim(i thought they had to provide evidence to make a claim).

 

 

She thinks it dates back to 2009 so well out of the 6 years to chase (is that still a thing).

It is also in her old name and the address is incorrect but it arrived anyway (postman is pretty good).

 

 

She had quite a few debts and any letters that arrive in her old name that have debts info in it she RTS's them(I have told her not to do that again).

 

So, what now? Do I -

 

send a CCA Request to the claimant for a copy of your agreement

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form

 

Fill in the return and Dispute the Claim?

Or Just Acknowledge service while awaiting the two above responses?

Do I have to tell the court I am doing so?

[dx100uk]

if it def statute barred then acknowledge the claim and file our statute barred defence

 

if its a doorstep loan then they'll never get paperwork on it anyay.

 

 

dx

[MrJohnW]

Not 100% its over 6 years, but she thinks it is.

 

So deny claim and send the two letters asking for evidence?

 

Sorry, I might be just being dense but I cant see a way to edit my above post -

 

Should we -

 

Acknowledge Service and await responses from the CCA and CPR31.14

 

Or

 

Deny Claim and await responses from the CCA and CPR31.14

 

Or

 

Something else

[Old Cogger]

acknowledge service

 

Defend all

 

 

send /await response for the letters sent, if non in say 1o days start defence but ask on here before you do anything, most cases they will not send the requirements

[MrJohnW]

Brilliant. Will do it now for her.

 

Never thought I would have to buy a postal order again haha.

 

Thanks for the help you guys.

[Old Cogger]

acknowledge on line details on N1 top right

[dx100uk]

there will be an agreement number in their POC.

go ring provi and ask the last payment date.

 

if they say no.[saying you have to contact now lowells-]

 

then state no that's not correct you as the original creditor MUST hold data for 6yrs under data protection lwas so stop messign me around. or you'll be reported as sonn as I put this phone down to the relevant authority...now my data please!!

 

if they say no they hold no data [without referring to lowells]

 

then clarify 'are you saying that you hold no data as the 6 yrs data retention time limit has expired?

 

 

if they yes theres your SB answer!!

[MrJohnW]

Thanks for the advice but Provident wont talk to me and she cant talk on the phone.

 

CCA and CPR sent today. So thats 14 days to await a response?

[dx100uk]

well you don't want them to reply really!!

 

just DONT miss the defence filing date.

 

shame you couldn't simply get her to confirm the details they want and pass the phone to you.

that's what ive done for 35yrs dealing with these for other people

[fletch70]

Just something to be aware of, when I sent a card request to Lowell for three provident loans they returned copies of the signed agreement but NOT the terms and conditions that were on the reverse. They then sent the account back to provident and I have heard nothing more.

 

Hope that is useful if they return anything

[dx100uk]

note

I've just update post 1

see your revised and correct dates

[MrJohnW]

Result

 

Letter today stating they cannot obtain the documents and will send a request to the court to discontinue. I assume I just need to check in with the court and make sure its actually been discontinued and thats the end of it?

[Old Cogger]

they should send you copy of discontinuance, then say 5 days later check with the court they received their copy

[Andyorch]

They must serve a copy of the Notice of Discontinuance on you also John

 

Looking good though and follows the normal process of all Lowell court claims.

[MrJohnW]

I have confirmed with the court the case has been discontinued

 

however they have today sent another one.

 

Lowell and Provident again.

 

same situation except this one is not statute barred for sure as she thinks it dates to 2013

(apparently Provident used to come round regularly and offer her money but never turn up to collect).

This one is for £1988.28 plus costs.

 

Rinse and repeat? I assume it costs Lowell to start these claims?

[dx100uk]

yes and yes

 

 

but start a new thread on it please and fill out that link we gave too

 

 

might be an idea you start an irresponsible lending complaint against provi me thinks

[MrJohnW]

Ok. Will do that tomorrow when I see her again and have the document to hand.

 

I am helping her with her finances now so no more loans will be taken out. But she has had quite a few from provident over the years.

 

Many Thanks for the help.

 

Oh, in relation to the original claim she has not had a notice of discontinuance posted to her but the court confirmed it verbally to me over the phone. Is this something she needs?

[Andyorch]

Will mark this one as discontinued John

 

Andy