Hi I’m new to this,

trying to get some help,

I got county court letters yesterday about a debt with provident from 2007 ,

from what I’ve read it’s statute barred but Lowell are saying I made a payment of £3.93 on 9th October 2013

as far as I’m aware I haven’t made any payments in at least 6 years

but I have no idea what I’m doing any help would be fantastic.

Ruth

please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

dx

Name of the Claimant ? Lowell portfolio ltd

Date of issue – 08 jun 18

Particulars of Claim

1)the defendant entered into a number of consumer credit act 1974 regulated agreements with provident personal credit limited under account reference xxxxxxxx which is formed of the agreements which are numbered xxxxxxxxx,xxxxxxxxx,,-(the agreements)

2)the defendant failed to maintain the required payments and arrears began to accrue.

3)the agreements were later assigned to the claimant on 29/08/2014 and notice given to the defendant.

4)£1907 remains due and outstanding.

and the claimant claims

a)the said sum of £1907

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 £0.418, but limited to one year, being £152

c)costs

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

What is the total value of the claim?

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

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

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. debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? not sure

Did you receive a Default Notice from the original creditor? cant remember

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no dont think so

Why did you cease payments? to be honest I completely forgot until I got a letter few weeks ago which I ignored as thought it was statute barred

What was the date of your last payment?again I cant remember as its been years

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

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? no

sorry im not very good on computers ,its been such a long time I cant remember but my name has changed since I had the loan,

ive been married 7 years and I honestly cant remember making any payments' had a stroke in December 2013 so my memory isn't the best

ok thank you

can you pop off and get your credit file please

and see if these show

callcredit, noddle, Experian are all free

hi im having problems getting my credit file,im starting to panic as I haven't done any of the court forms yet

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

go ring provident ask last payment date on both ac numbers listed in the particulars

if it is SB'd should be a walk over

I cant thank you enough for your help,im waiting for a call back from provident and il sort the rest out today,il keep you updated,again thank you

as this is two sep account

send a CCA request for EACH ONE.

were these a rollover..i'e the newer loan cleared the bal of the older one?

Hi,

all the letters have been sent ,

provident didn’t ring back so I rang them again and they said they don’t have the information as it’s been sold on to Lowell and gave me a different number at Lowell,

Lowell said no payment has been made since they bought the debt they said the last payment of £3.93 was made to provident

I asked how I get the information as I don’t believe any such payment was made and that the debt was sb’d

,they said it’s going to court so it’s not sb’d so I don’t know how to get proof of last so called payment

You will need to make a request under GDPR to provident for all the info they have on you including copies of agreements and statements of account. They have initially a month to respond although they can ask for longer.

On the plus side, I am betting when the CCA request is responded to, Lowell only provide the front copy of the agreement and odds are that will be illegible.

Now go ring vanquis again

Tell them under the protection of fraud act

And

The data protection act

They MUST hold data for 6yrs

Ask to speak to a supervisor

If they dont cough

Tell them as soon as you put the phone down

You will be ringing the information commissioners office and raising a serious complaint against them and seeking financial compensation

Dx

Wow it’s amazing how much information you can get when you know the right things to say ,

I don’t have an exact date of last payment as I need to call another number on Monday but they said when I stopped paying them (provident) that they got a debt collection agency called moorcroft to collect payments and this is where it gets interesting

,they said I paid £400 in £10 instalments and then it was sold to Lowell so where have Lowell got this one payment of £3.93 on 9th October 2013 from ???

Also I got married in 2011 and my name changed that’s why I’m nearly 100% sure nothing has been paid for at least 7 years as if I was paying moorcroft I would have informed them my name had changed but they still have my old nam ,hopefully il get exact dates on Monday ��

Pers id be done with

Go file our sb defence

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barredicon pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POCicon] or any other sum, or relief of any kind is denied.

..

Dx