Lowell Solicitors / Provident Personal Credit ***Claim Discontinued***

[mark_18]

Hey,

 

I haven't posted on here in a long time but I have just received a Claim Form from Lowell Solicitors on behalf of Provident.

 

I used to work in litigation, but that was 7+ years ago (unqualified legal assistant), so whilst I am familiar with small claims and county court processes, I am a little rusty all the same, so I hope to get some information from people in the know...

 

The date of issue is 31/01

 

I have filed AOS

 

I am calculating the date for the defence to be by 04/03.

 

I have made a CCA request to Lowell

 

Plus I have made a CPR 31.14 request to Lowell Solicitors

 

The part that I need help with if is... I don't really know how to defend my claim. Do I just hope that they cannot find the agreement, unable to provide a legible copy, or there is an issue with the contents etc?

 

If I remember rightly then this loan dates back to 2010/11 - in which case it might be statue barred? I have made a payment to them in almost the same amount of time. I will need a copy of the agreement to see what date is on it.

 

Is there anything else I should do or be aware of?

 

I stopped paying because I was struggling with my mental health; I received a bi-polar diagnosis whilst battling other health issues - so I just lost all touch with reality for a while.

 

Thanks in advance!

 

M

[Andyorch]

Hi mark

 

If you could read the following link and follow the instructions...then copy and paste the Qs and your responses back here for the best advice on how to proceed with this claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Regards

 

Andy

[unclebulgaria67]

Ok so far. The key bit of information you need is last date of payment, which i would suggest you obtain from Provident. Give them a phone call to ask for this information to be sent to you and follow up in writing if necessary. Provident should be able to send you a copy of the statement showing when you last paid and confirm the date the account was defaulted.

 

Provident should still be able to access your records. They just need the loan reference which Lowell should have provided. They will ask basic questions to identify you e.g full, date of birth, full address at time of taking out the loan.

[mark_18]

Hi guys

 

Here is the info...

 

Name of the Claimant ?

 

Lowell Portfolio

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

31/01/2017

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

1.The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Provident Personal Credit Limited under account reference XXX ("the agreement").

2. The Defendant failed to maintain the required payments and default issue 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 request for payment, the sum of 231.00 remains due and outstanding.

And the Claimant claims

a) The said sum of 231.00

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accusing at a daily rate of 0.051, but limited to 1 year, being 18.48

c) Costs

 

What is the value of the claim?

 

Amount Claimed: 249.48

Court Fee: 25.00

Costs: 50.00

Total: 324.48

 

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

 

Provident 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.

 

Assigned to Lowell Solicitors - issued by Lowell Solicitors

 

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

 

No, but I have moved twice since then

 

Did you receive a Default Notice from the original creditor?

 

No, again I have moved twice

 

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

 

No

 

Why did you cease payments?

 

Mental health problems and other health issues

 

What was the date of your last payment?

 

About 1 month after taking the loan

 

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

 

No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

 

No

[Andyorch]

Many thanks mark

 

Just to clarify this debt was assigned to Lowell on the 26/06/2015 and you state your last payment was ....

 

What was the date of your last payment?

 

About 1 month after taking the loan

 

Has this loan been topped up again and roughly how many payments have you made since entering the agreement ?

 

Andy

[mark_18]

Just a quick update on this one...

 

I sent a CPR 31.14 request to Lowell Solicitors, today they responded...

 

"Upon reviewing the account, a commercial decision was made to close the account. The claim issued in this matter has been discontinued, a copy is enclosed for your information."

 

I'm guessing that they never had any of the documents they referred to in their pleadings!

 

Success!

 

Thanks everyone for the help and advice.

[Old Cogger]

well done =- result check with the court in a weeks time to check they received notice of discontinuance.

[Andyorch]

Excellent ......another thwarted.

 

Thread title amended.

 

Regards

 

Andy