Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #61
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    Send copies to both...dont part with the originals.

    We could do with some help from you

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  2. #62
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    Hi Again,
    I've received a pack from Lowells that includes signed credit agreements from 2008 and 2009, there is also an Excel spreadsheet that shows payments made and letters that they say they have sent to me... I shall scan them up as soon as I get chance...

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  3. #63
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    Court Disclosure Attached

    Attached Files
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  4. #64
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    why would you pay £1.53 and £5.63 randomly after months of not paying
    to kill the SB date...weird
    and the agreements say regulated
    the WS says they were not

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  5. #65
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    a) Looking at it, it say's I made a final payment of £7.16 on the 29/11/11 but then continues to list payments after that date up to 2013... I'm confused.


    .. I have looked at my bank statements for the period and can only go back to 08/11 but can see no payments at all to Provident coming out of my account.
    ..how else could they have been paid other than those where a doorstep collectionicon has been made for which I requested (and didn't receive) a copy of the collection agent's book?

    b) As it says regulated by the CCA on the paperwork, could I challenge their paragraph on where it says there was no requirement to issue a default notice, yet my credit file is clearly showing one.

    c) I have never received the letters as stated in exhibit 6 and 7, can I put them to proof of delivery? The first I knew of this alleged debt is when the court papers were delivered.

    d) I think given half an hour, I could rummage up an excel spreadsheet like they have supplied....hardly the most compelling of evidence, and the dates are all over the place!

    Any help progressing would be appreciated..


    .. I'll ring the court tomorrow to see if they have paid the court fee as directed as it's the last day for payment...

    Kind regards

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  6. #66
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    wont be on bank statements
    cash at the door.
    but why pay then random amount after months of not paying.


    fake IMHO

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  7. #67
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    Can I refer to their disclosed 'evidence' in my witness statement?

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  8. #68
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    yes ofcourse you can.

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  9. #69
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    Update - Just rang the court, the hearing fee has been paid...

    Onwards now to a witness statement based on all their 'evidence'
    - Whilst I accept I took out the loan, I believe the second one was to pay off the first and to get some more short term money...

    I entered into a dmpicon with the CCCS although they have no record of anything as it was in 2009 and they hold no records over 6 yearsicon old...

    I'm at a loss how to prove this..

    . At no time did I complete a 'comprehensive affordability assessment' that they state otherwise, I probably wouldn't have entered into a dmpicon in the first place....

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  10. #70
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    Whilst going through my paperwork, the alleged allocation notice where it gives a breakdown of accounts, contains 2 account numbers that do not bear reference to any account numbers included at any point in the claim, can I state that I believe this letter to be fraudulent in it's nature?

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  11. #71
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    probably their ref numbers?

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  12. #72
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    No, not their reference numbers which are completely different

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  13. #73
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    well simply question how this relates to your alleged debt
    as numbers do not match.

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  14. #74
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    an updated draft Witness Statement - I know the contents are probably not right yet but any help offered would be accepted greatfully...

    In The xxxxxxxxx county court
    Claim No. xxxxxxxx

    BETWEEN
    Lowell Portfolio I Ltd
    Claimant




    AND


    Mr xxx xxxxxxxx


    Defendant



    _________________________ ________

    WITNESS STATEMENT OF Mr xxx xxxxxxxx
    _________________________ ________



    I xxx xxxxxxxx, being the Defendant in this case will state as follows;

    I make this Witness Statement in support of my defence in the claim.

    1. The claimant is an Assignee a buyer of defunct or bad debts which are bought on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income.

    As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

    2. On or around the xx th April 2017, I received a claim form from the County Court Business Centre, Northampton, for the amount of £xxxx.xx. The claimant contends that the claim is for the sum of £xxxx.xx in respect of monies owing under an alleged agreement with the account no. xxxxxxxx pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into.

    3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when the alleged default occurred or date of any alleged Default Notice or the degree of default or details as to how the sums claimed have accrued.
    In respect of this and in the claimants’ court disclosure, Paragraph 7, the claimants state that ‘The Agreements were fixed sum loans which expired by the passage of time and as such were not regulated by the provisions of the Consumer Credit Act 1974. Therefore there was no requirement to issue a Default Notice’. I refer you to The Claimants Exhibits xx(2) and xx(3) which clearly state in the Heading Line ‘Fixed – Sum Loan Agreement regulated by the Consumer Credit Act 1974’. The claimant is put to strict proof to show why a default notice should not be sent out when the original claim states there was a Default Notice issued and I as the defendant maintain that no Default took place as the sums owed were paid.

    4. The particulars of claim state the debt was legally assigned by Provident Personal Credit Ltd. to the Claimant and that Notice was provided by way of a Notice of Assignment. The Claimants Exhibit xx(6) allegedly shows a Notice of Assignment sent to myself. I refer you to the Account numbers and dates of agreement contained in the account breakdown in the context of the letter, these account numbers do not refer to any accounts contained at any time within this claim and ask how these account numbers relate to this claim. I do not recall ever receiving this letter. The claimant is put to strict proof to evidence the details of assignment and to show what the alleged account numbers are for.

    5. On xx of April 2017 I made a formal written request to the Claimant solicitors who at the time were Cohen Cramer Solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Lowell Portfolio I Ltd, requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT B]. Both items were sent by Signed For delivery [EXHIBIT C] and both were signed for on delivery {EXHIBIT D]


    6. On the xx of April 2017, I received a letter from the claimants solicitors, Cohen Cramer acknowledging receipt of my request and that they have notified the claimant, Lowell Portfolio I Ltd., of this request. [EXHIBIT E]


    7. As of the date of the submission of this witness statement, I have only received copies via way of the court disclosure, the signed credit agreements, and the alleged Notice of Allocation which I have previously stated that I believe to be in error due to the erroneous account numbers within it. I have not received a Default notice or evidence of the doorstep collectorsicon pocket book to reference any payments made by myself.

    8. The Claimants pleaded case is that the Defendant entered into an agreement with Provident Personal Credit Ltd. under account reference xxxxxxxxx. It is accepted that I have had personal finance products with Provident Personal Credit Ltd. and I am under the impression that any debt to Provident Personal Credit Ltd. was paid in full and this is evidenced by the Claimant unable to produce a Default Notice and they are put to strict proof that a default took place and a debt existed. I, The Defendant entered into a debt management planicon with the CCCS in late 2009 who I believe made the necessary payments of the outstanding monies to Provident Personal Credit Ltd. Unfortunately, as my account was settled over 6 yearsicon ago, CCCS (Now known as Stepchange) have no record of my account.
    Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the alleged default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.

    I also ask the court to enforce that the claimant remove the default placed on my credit file unless the claimant can prove that any alleged default took place.


    Statement of Truth

    I, xxx xxxxxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.


    Signed: _________________________ _______

    Dated: _________________________ ________


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  15. #75
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    Hi again,
    Reading everything over and over, i'm under the impression that the main crux of my argument would be

    a) the fact they haven't issued a Default Notice as per their court disclosure and under the CCA 1974 regulations of which the loan would be regulated on, they would have been expected to.......

    b) the erroneous account numbers not relating to my account

    c) they state a comprehensive affordability assessment was made - This was never done and led me to entering a dmpicon as I was in a desperate state and borrowing money from everywhere!

    Anything else anyone can point me too?

    Thanks in advance.

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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    Can anybody help me with the Witness Statement above... I've got to get it in by next Weds as I go away and would miss the deadline otherwise... Thanks in advance

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  17. #77
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    There is no particular standard for the contents of a witness statement...its a statement in your own words in support of your defence ...paragraphing the relevant points in detail as to why you dispute the claim.

    The form and layout is correct as are all the relevant points pursuant to the CCA974...as long as you have made a response to each of their points and countered it where necessary there is little further advice to offer.

    We could do with some help from you

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  18. #78
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    Default Re: Lowells/Cohen Claim Form - old merged? provident doorstep loan debt

    Ok, thanks Andy - Just getting a little nervous now!

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