Hi all,

I just received a County Court Business Centre Claim Form from the above mentioned companies and any help as to my course of action would be grateful...

Name of the Claimant ? Lowell Portfolio I Ltd

Date of issue – 20th April 2017

What is the claim for –

1.The claim is for the sum of £2093 (rounded off) due by the defendent under an agreement regulated by the Consumer Credit Act 1974 for a Provident Personal Credit Limited account with an account reference number of xxxxxxxx.

2.The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.

3,The debt was legally assigned to the claimant on 29/Aug/2014, notice of which was given to the defendant.

The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of these proceedings in the sum of £167 (rounded off)

The claimant claims the sum of £2260

What is the value of the claim? £2445

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

When did you enter into the original agreement before or after 2007? After 2007 - One 22/8/08, One 23/8/09

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 Portfolio

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

Did you receive a Default Notice from the original creditor? Not sure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that i'm aware of

Why did you cease payments? Entered into a DMP with the CCCS (as it was then) and thought they'd paid the debt

What was the date of your last payment? Roughly 2011

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 management plan?

As stated - entered into a DMP which finished in 2012

Looking on my Noddle credit file,

there are 2 Lowell accounts on there

(neither corresponds with the account number stated in the claim),

one for £1850 and the other for £250

- it appears they have 'lumped' them together

- Can they do this?

If I recall rightly, the larger amount is for a loan which included paying off the first loan which is still showing as £250

If i'm correct,

my first step is to send a CCA request to Lowells and a CPR 31.14 request to Cohen Cramer which will be done in the morning....

I presume I need to acknowledge the claim prior to doing this via moneyclaim online?

And then what are my next actions?

I'm going to try and locate my old CCCS documentation which is on an old mothballed desktop computer in our attic!

Any help would be gratefully received

Swisstoni

yes all correct

I gather these were doorstep loans whereby an agent came to your door etc etc??

as for the CCA/CPR hold those until you can confirm last payment date

it could be SB'd? go ring provident

get AOS done yes.

I gather these were doorstep loans whereby an agent came to your door etc etc??

Indeed it was....looking at old bank statements, the last payment made towards my DMP was late 2012 or is it the last physical payment made by myself?

Swisstoni

no sadly last payment of any kind

ok so SB out the window then.

CCA/CPR then follow that post above click the bold links - read each one and ALL the posts in each thread.

there are numerous like claims here already, sees like lowlifes' bought a portfolio of them and hoping for default uncontested judgement.

no-ones lost a defended one of these yet.

one tip, in the CPR, also ask for a copy of the doorstep agents collection book relevant to your loans

the POC mentions payments so you are quite legally allowed to ask for that.

as well as the other docs on the CPR list that ARE mentioned.

these threads are useful

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Doorstepper+Provi+loan+&sa=Search+CAG#gsc.tab=0&gsc.q=lowell%20Provident%20claimform

and most are already further down the route so good fodder to read.

Thanks DX..

.. I've sent the CCA and CPR by recorded delivery today and will await their responses..

.. Some interesting reading there in the other cases..

. In the meantime I shall start to prepare my defence of the claim and be mindful of the timescales...

Should it subsequently be stayed or not contested,

do Lowells have to remove the default from my credit file,

or does it stop there for 6 years from the date of application?

Swisstoni

credit file is totally separate.

AOS Done

- do I now have 14 days to submit my defence or 33 days from the date of issue?

And with regards to the credit file,

can I apply then to have it removed only in the event of a win?

has no bearing on the credit file at all eitherway

day 33 whereby the date on the claimform is one in the count.

Cheers Pal

Letter received today from Cohen Cramer -

Our Client - Lowell Portfolio I Ltd - Account Number xxxxxxxxx

Court Name - Northampton Claim Number xxxxxxxx

Amount Due £2xxx.xx

We write in relation to the above matter.

We have received your letter in which you make a request for documents and have notified our client Lowell Portfolio I Ltd of this request. Documents in support of our client's claim will be disclosed on or before disclosure as directed by the Court. In the meantime, please file your response to the Claim Form in accordance with the Court timetable. If you require further time to prepare your response, please let us know as we may be able to agree a short extension to the Court timetable.

If you have any further queries, please do not hesitate to get in touch with us.

Yours Faithfully

Cohen Cramer Solicitors

I take it this is the bog standard response....?

yep

Cheers DX

Hi Again,

Other than the letter received from Cohen Cramer on the 28th of April, I have (as expected) have had no correspondence from Lowells. I posted the CCA on the 24th which was confirmed as received on the 25th of April. Am I correct in saying they are now in Default of my request and can add this to my defence? I've prepared my defence and will post on here in due course when I know the dates of Default. My defence is due by the 23rd of May.

CCA is 12+2 working days.

Particulars of claim

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Provident Personal Credit limited under account reference xxxxxxxx ('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 29/08/2014 and notice given to the Defendant.

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

And the Claimant claims

a) The said sum of £2,xxx.xx

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, being £xxx.xx

C) Costs

In Response To These Claims -

1. The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out their 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. Item 1 is noted. I have in the past had an agreement with Provident but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and CCA Section 77 request.

3. Item 2 of the claim is denied. I have not been served with a Default Notice pursuant to the Consumer Credit Act 1974.

4. Item 3 of the claim is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1).

5. On receipt of the claim form, the Defendant sent a request by way of a Section 77 request pursuant to the Consumer Credit Act 1974 for a copy of the agreement, by Royal Mail 1st Class Recorded Delivery (Ref:xxxxxxxxxxxx) which was signed for as received on the 25th of April 2017. As of the 10th of May 2017, the Claimant has yet to comply and as such is in default of said request.

6. A further request was made via CPR 31.14 to the Claimants solicitor (Cohen Cramer) requesting disclosure of documents on which the Claimant is basing their claim. This was once again done by Royal Mail 1st Class Recorded Delivery (ref:xxxxxxxxxxxx) which was signed for as received on the 25th of April 2017 by surname Richards. A letter from the Claimants solicitor dated 27th April 2017 was received by the defendant acknowledging the request for documents and that they had passed this request on to the claimants. As of the 10th of May 2017, the claimant has not supplied the requested documents, the claimant has given no good reason or any reason at all to the defendant for this failure to comply with the defendant's legal rights of entitlement to inspect the documents that the claimant's claim is to rely on.

7. Item number 4 of the claim is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) Show how the Defendant has entered into an agreement and;

b) Show how the Defendant has reached the amount claimed for and;

c) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974 and;

d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

8. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed.

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Comparing this with others, I feel it's ok but would like to get a 2nd opinion..

. When is the best time to submit?

Kind regards

Toni

by 4pm Monday 22nd

Defence is fine Toni.

Regards

Andy

Still Nothing from Lowells regarding my S77 or CPR 31.14 requests..... Defence submitted tonight....

Update - Just received a letter from the court acknowledging my defence and giving them 28 days from date of receipt to contact the court.

Interesting to note, the monetary amounts in default on my credit file have remained the same since they were put on there however, this month, they have both increased by 20%, any ideas?

they done that to us, see what happens as this case goes on- companies usually wop it up to sell off or claim against tax, or lowells trying to get you to connect with them _ just Ideas??

or its the court fees already cheeky lot!!

Court Claim fee and sols costs added

Hi Again,

Letter received today from Cohen Cramer :-

'We have been served with a copy of your defence filed in these proceedings.

As this is now a defended claim, it is now being transferred to our client to be dealt with by their in-house legal department.

Please therefore address all future correspondence to

Lowell Financial Ltd, etc. etc.'

Why didn't their 'in-house' legal department issue proceedings in the 1st instance?

Why are Cohen Cramer backing out? (Because they know they don't have a claim perhaps?!).

Should I await communication from the court now as to whether they continue their claim?

Kind regards

claimants issue court claims not solicitors

cohen are lowells.

but all they've done is switched it to their in house solicitors

which are relatively new

Lowell solicitors

[they formed these because bryan carter, another of their solicitors, closed down].

nothing for you to do or worry about.

they'd hoped for a non contested default rubberstamped judgement.

with no human intervention

you upset their plans

[FWIW 85% of all the 750'000 claimforms issued result in default judgements]

Check with the court that they have informed them also of change of Solicitors.