Lowell claimform - provi doorstep loan - already Paid off

[NitrousOxide]

Name of the Claimant ? Lowell Portfolio 1 Ltd

 

Date of issue – 29th April 2019

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim?

 

1) The Defendant entered into a consumer credit act 1974 regulated agreement with Provident Personal Credit on 29/11/2013 which was subsequently assigned to Vanquis Bank Ltd under account reference xyz123 ("the agreement").

 

2) The Defendant failed to maintain the required payments and the agreement was terminated.

 

3) The agreement was subject to a further notice of assignment to the claimant on 01/03/2017 and notice given to the defendant.

 

4) Despite repeated requests for payment, the sum of £363.50 remains due and outstanding.

 

And the claimant claims

a) The said sum of £363.50

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, accruing at a daily rate of £0.080, but limited to one year , being £29.08.

c) Costs.

 

What is the total value of the claim? £477.58

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes

 

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Home Visit

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure, haven't checked yet.

 

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 twice from OC.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Only from Lowell's. I didn't recognise the account number.

 

Did you receive a Default Notice from the original creditor? No

 

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

 

Why did you cease payments? Loan paid off.

 

What was the date of your last payment? Roughly August 2015

 

Was there a dispute with the original creditor that remains unresolved? Wasn't aware of a problem until Lowell's started sending letters.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A

 

AOS Done in about 2 days from receiving claim form.

 

Requested documents under CPR from Lowell's, completely ignored me.

 

Defence filled out.

 

Court never sent out the AQ form,

rang the court who said there was a backlog and not to worry.

Got a 7 day sanction.

 

AQ Filled out

 

Got the mediation email on Tuesday (27th August 2015)

 

Defence:

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. The defendant is confused as to why legal action has been initiated against them. The defendant is in good standing with Provident Personal Finance LTD. On the date of this claim, that being 29/04/2018 the defendant owed £32 and on the day of writing this defence owed £12. The business model and agreement terms of Provident are such that it would be impossible to acquire a new loan if previous loans remained outstanding.

4. Paragraph 1 is denied and not admitted. The defendant does not recognise the account number referred to by the claimant. The Claimants statement of case states that the account was assigned from Provident Personal Finance Limited (Provident) to Vanquis Bank Limited (Vanquis) but states no date. The Defendant does not recall receiving notice of said assignment.

5. Paragraph 2 is denied and not admitted. The defendant had no account to pay and to the best of their knowledge was in good standing with Provident.

6. Paragraph 3 is denied and not admitted. The defendant is unaware of any legal assignment or Notice of Assignment allegedly served on 01/03/2017.

7. Paragraph 4 is denied and not admitted in its entirety. The defendant believes the account to have been paid. Therefore it is denied that the Claimant is entitled to the relief as claimed or at all.

8. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment, balance and breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant with account number xyz123; and

(b) show and evidence the nature of any breach by way of a Default Notice; and

(c)show how the Defendant has reached the amount claimed for.

9. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

10. On the 06/05/2019 the defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors LTD. The defendant requested the Claimant provide copies of the Agreement, Notices of assignment, Default notices and the defendants paying in book. Lowell Solicitors LTD. has not sent any of these documents.

11. I respectfully request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. Those documents being;

a. Consumer Credit Act 1974 Agreement referred to in Paragraph 1 of the particulars of claim.

b. The 2 Notice of assignments referenced in paragraph 1 and paragraph 3 of the particulars of claim. c. A copy of the defendants paying in book for the period stated in paragraph 1 of the particulars of claim.

 

…...

 

 

Just a quick mention about part 3 of my defence. You can indeed get new loans if your balance remains outstanding, but they require you to consolidate outstanding loans into the new ones.

 

[dx100uk]

did you not send a CCA request?

 

[NitrousOxide]

No just the request under CPR. I'll do it today, although it will probably arrive later than any court date.

 

Do I ring the mediator to make an appointment or do they just ring me?

Edited August 30, 2019 by NitrousOxide

[dx100uk]

they'll contact you.

 

interested in your comment about cant ake out new loans..you can but never mind.

does the agreement no. in the poc match the one you indicate is currently running still?

 

dx

[NitrousOxide]

No, I've checked all documents it appears nowhere.  I can't find a single reference to it.

Just read Baycloves post and they appear to be in a similar situation regarding old Provident loans i.e. account number not recognised.

You can take out more than one loan, however you won't get a new one if any are in arrears. They make you consolidate, split payments or pay the one in arrears if you finish any others.

Term 5 of their T&C's:

Quote

If you are making payments on more than one agreement you may tell us how the payment is to be allocated between the agreements. If you do not do so, then we will allocate the payment between the agreements in proportion to the weekly payment rates. However, if you are in arrears on any agreement(s), the we reserve the right to apply your payment first against any arrears.

I've emboldened the bit I feel important. I would not have a current loan (now paid off) without them asking for the arrears of an old loan or applying payment to that loan first or at least splitting payment between old and new. I've never been in arrears, I've paid all loans past and present off now.

[dx100uk]

well provi have sold something on to them enable litigation.

 

will be interesting to see the documents when they eventually disclose them then.

typically we find they don't until forced too at the disclosure [Witness statement] stage

if they run it that far that is.

 

I think we've seen them fold at the very last minute here too on these loan claims hoping you'll wet yourself and give in by then...don't!!

 

[NitrousOxide]

Thanks for all your help so far, it's appreciated.

 

Received the notice of allocation to the small claims track from my local court with the following page being directions.

 

First and foremost it reminds them to pay a fee.

 

I'm PC savvy so I'll post up a copy of the letter with details removed a bit later.