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Angelina187

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About Angelina187

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  1. Hi guys I had the phonecall this morning to arrange a mediation date (17/10) She told me I had to be willing to offer something is that right? Does she mean like a token payment or do I stick to my guns and push the fact that I cleared this debt in cash on the doorstep years ago? What will Lowells say? Any advice on what to say at the mediation phonecall would be greatly appreciated as I will admit I'm feeling very nervous and out of my depth still. Thank you in advance
  2. thanks Andy that's put my mind a little more at ease. Honestly I'm so grateful for all the help and advice. You guys are amazing.
  3. Thank you Andy for replying. Oh dear, well I'm totally panicking now after reading that post. I have no proof of settlement either it was cash on the doorstep to a new rep and I moved out of the county shortly afterwards. Reading that it appears that a Judge could just take their word over mine and say I'm trying to get out of paying via a technicality and add lots more to a debt I don't owe . Im really not sure what I should do . Ive agreed to mediation now.
  4. Hello I have today received a notice from the court as expected regarding mediation. My question is this - In the guide book accompanying the form it asks me to consider a statement before agreeing to mediation "I can confirm that I have enough information about the claim, to allow me to enter into negotiations" Even after sending the CPR 31.14 and CCA section 77 requests, they didn't supply me with the required info, just a letter on 4th August saying they would send the request to provident. I've not received anything since. Is it ok to agree to the mediation based on just the info I have? (I.e without the CPR and CCA responses) I'm happy to do this obviously as no one wants to go to court, but when I get the phonecall do I tell the mediator that they did not comply with the requests?? Or do I just tell them that this debt was paid off in cash to their rep over 5 years ago? Sorry for the long post but I am admittedly out of my depth and a bit confused. Any advice truly is appreciated. Thank you .
  5. Right ok so wait for the form from the courts, tick mediation, send copy to solicitors and original back to courts.
  6. Hello again I today received a letter from Lowells with an attached form called a Directions Questionnaire. They have completed it to say they wish the claim to be referred to small claims mediation service. It states I will also receive a form to complete. Do I also tick the mediation box? Thank you in advance.
  7. Sent. Wanted to ensure it was in before 4pm. Thank you for all your help. Will make a donation to the site now
  8. Thank you. Your attention and time is appreciated Dx Is this more acceptable? However should i remove item 4, as although i dont recall receiving a notice Lowell Solicitors have sent me a copy of a plain typed sheet of paper (i.e not letterhead) stating it is from september 2014 and signed by Provident Central Colections telling me my account has been sold to Lowell. Other than the signature at the bottom there is no evidence it is from Provident at all. Particulars of Claim for reference only 1) The defendant entered into a consumer crediticon Act 1974 regulated agreement with Provident Personal Credit Limited under account ref 2) The defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreenent was later assigned to the Claimant on 29/08/2014 and notice was given to the defendant. 4) Despite repeated requests for payment the sum of £430.50 remains due and outstanding. And the Claimant claims a) The said sum if £430.50 b) Interest pursuant to s69 County Courtd 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 £0.084, but limited to one year, being £34.44. c) Costs DEFENCE 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 Signed For Recorded Delivery. As of the 21st August 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 (Lowell Solicitors) requesting disclosure of documents on which the Claimant is basing their claim. This was once again done by Royal Mail 1st Class Signed For Recorded Delivery. A letter from the Claimants solicitor dated 4th August 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 21st August 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.
  9. Ok i have read through the links above and found a template for a defence and amended it to my details. Is this acceptable? there are two options for defence on the MCOL form. 1 is to dispute because i paid (which i did but have no record of it and cant remember the exact amount before all these 'charges') or 2. defend for other reasons. Do i go for number 2 and use this template? 1: I received the claim D******* from the Northampton County Court on 25th July 2017. 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3: This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.[it is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit. 4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 5: On the 25th July 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment . 6. Lowell Solicitors have sent only a photo copied letter of assignment on blank paper with no company letter head. 7. On the 25th July 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee. 8. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement. 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. I 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. 11. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. 12. It is denied that the Claimant is entitled to the relief as claimed or at all. Statement of Truth The Defendant believes that the facts stated in this Defence are true. Signed ………………………………………… Dated ................................................
  10. Hello again Well i have not received the requested info from Lowells and my cut off date is looming. You said i now put my defense into MCOL? Do i just write what i have previously told this thread? That it was paid off and completed back in June/July 2012. Do i need to say anything else? Thank you very much for your assistance in this it isvery much appreciated. Also do i mention that i have requested the information (CCA and CPR 31:14) and did not get anything back aside from an acknowledgement letter from Lowells stating that they have requested the details from Provident and will send them to me when they get them. It also stated that my account was placed on hold while they wait for this info but i assume that the MCOL is still active. Thanks again
  11. Thank you for replying dx I will go back and read through the threads again.
  12. Hi again Just a quick question. So far I've heard nothing in regards to the letters I sent. Am I correct in thinking I have 28 days from the date served to file my defence? I just want to be sure I've read it correctly. If this is the case do I wait til a few days before the due date and then fill in the defence section and send it to the court? Do I state that I have requested the information and it wasn't received? Thank you in advance.
  13. What happens if they dont get back to me within the timescale? Sorry if im being a bit daft, do i now complete the defence form bit from the court to say im disputing as already paid or do i do nothing and wait for responses if any from Lowells?
  14. Ok I've done the acknowledgement part on MCOL Now I will do the other parts Thank you for helping me, I'm so grateful for it. Do I then just wait for the solicitors and claimant to get back to me with the requested details?
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