I felt outmatched to be honest. Lowell probably did identify me on here and decided to send one of their more experienced. The guy they sent to last hearing didn't sound half as competent. The solicitor and judge were pretty much talking amongst themselves. That's how it felt. The Judge understood and accepted what the solicitor said at every point. She accepted fresh start as a brand name only. She accepted all the evidence were copies. She accepted I entered into a valid agreement. She accepted the error on the default notice was a typo. Felt like I lost before the hearing. If not, I wasn't able to express my points well enough. Not like the claimant who I'm sure was giving a law lesson. Completely out of my depth. I didn't ask to appeal. I'm upset understandably but grateful for all the help and support I received here. I've learnt a hell of lot but hope to never need it again.

Lost the claim. They seem to have used someone senior and sent 2 paralegals for training.

Yes, it's phone.

Okay. I'll prepare and attend the hearing with a winning attitude. I will also stop displaying weakness lol. Thank you.

Just a quick update on my claim.. I have final remote hearing on 19th January. Lowell made a counter offer of £150 in August which I ignored. I hoped actually they would not continue to pursue. I am now wondering if it is wise to contact them and see if they will still accept as it's an amount I'm willing to pay. I'm not confident in the hearing, mainly because I have no experience and honestly I find the whole thing concerning. I won't allow them to win by default however. Are there any final thoughts on this?

I made the offer and they replied relaying their witness statement which frustrated me. I replied with what I intended to include in a supplemental statement. Bad idea, I know now. But has this information now become official? Do I need to submit what I wrote in the email to the court?

That is a good point, they're increasingly offering lower settlements. I can't afford it but I could probably borrow it. They do a good job of discouraging people. If I send an email they turn it into admission of guilt. Up until this point I had avoided contacting them which is very good advice. I thought it was already clear I applied to Provident.

I think I ruined my case. Can Lowell use what I have said in an email as evidence? I emailed them an offer of £100 and they made counter offer £325. In the email I set out my supplemental statement and I said I made a local application to Provident. Is this admittance of an agreement? They responded with: We refer to the above matter in which we act for the Claimant. With regards to reconstituted letters, the originals were sent to you, our witness evidence shows the number of documents sent and illustrate you failure to respond. Your supplementary points are noted however the fact you entered an agreement with Provident is not in dispute. The Vanquis Fresh Start is not a separate agreement and you made two payments one on the 7 December 2015 and one on 14 December 2015. Yes it may have been within the cooling period but you have not provided any evidence you wished to withdraw from the agreement. Furthermore you have not provided any evidence you paid back the loan to Provident or Vanquis. The documents have not been fabricated, we again state that despite any errors you may have found are from the documents provided. The default notice is not invalidated nor is it required as explained in the witness statement. Our client incurred costs not only attempting to contact you but also in issuing proceedings and instructing advocates to attend the hearing. Our client is not making any profit as it is just seeking to recover costs it has incurred in pursuing the debt. You mention not admitting or owing the debt however in the email below at supplement point 7 you clearly state “I made a local application to Provident”. We understand this as you admitted you entered into an agreement with Provident. We again invite you consider our client’s settlement offer. As a further gesture of good will and our client’s willingness to settle our client is willing to accept £250.00 to settle the matter. I thought at this stage new evidence could not be submitted and it was just an email. it is not my actual supplemental statement. Can anyone advise the best thing to do now. I could probably scrape together £250 but it is a lot money to me at the moment. But I've really had enough.

I only want to add further so it's a supplemental statement. Lowell don't want £369.84 they want £200 in fees also. The judge pointed out it was higher than they would be awarded or something. I think I will send a lower offer and point out the maximum I would be able to pay each month if they won the case.

I did not realise there was a fee? The judge did not say there was a fee. If I don't send anything will I still be charged? I didn't ask the judge mentioned it was something I could I do. I simply stated I wanted to expand on the points in my witness statement.

The judge said I'd need to make an application so I asked if I could do it now and she gave me a date. Lowell also requested the same thing, the guy said just in case. Is it worth at this point submitting a really low offer to Lowell? I'm not sure what else I have to add. I can SAR Vanquis.

I've had my hearing this morning. The judge transferred it to a telephone final hearing. Lowell made a settlement offer of £300 which I refused. I applied for application to submit further evidence or statement information which has to be sent before August 28th. Lowell stated the incorrect date on the default notice is a typo. I asked them to produce documentation regarding the Fresh Start initiative which they made note of. The judge only had my witness statement and evidence. With the extra information I'm allowed to submit do I send a new witness statement or can I add to the old one?

CourtPapers2.pdf

I've heard from the court and they have ordered the small claims hearing be converted to a dispute resolution hearing by telephone. Is this more like mediation? Will I learn if I lost the case during this type of hearing or can this go on for longer?

Thank you both so much. I've compiled everything and ready to ship out. I amended the default notice date at point 9 as it was 2017 but other than that, it reads perfectly well. I couldn't have possibly put this together myself but glad to see I made a few correct points. I now feel a fighting chance and will be more confident at the hearing. I will update soon

I'm aware there are some grammatical and reference errors but the post expired before I could fix. I'd really like to know if I've made valid points or not. Thanks.

Is this any better? I've resigned myself to losing. Admittedly, I don't quite know what I'm doing. I just hope I get a remote hearing, that should save me some embarrassment. 1) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx. 2) It is admitted I have had financial dealings with Provident in the past. However, have no recollection of the alleged reference number the claimant refers to. 3) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77 of the Consumer Credit Act 1974. 4) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of an agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x]. 5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx pursuant to The Consumer Credit Act 1974 (CCA). 6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given. 7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received. 8. The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery. 9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge. 10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments should be informed. The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. It is denied this document and any such required statement of accounts required under section 77A during the alleged agreement were ever received. 11) The claimant states that a default notice was issued on 18thJanuary 2017. The payment date requested by Vanquis Bank Limited on said document is 28thFebruary 2017. The formal Notice of Default that was accompanying this letter displays a requested payment date, 28thFebruary 2019. (Exhibit x, x) 12) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis). 13) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement. 14) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact. 15) It is denied a default notice was ever received. 16) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019. 17) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written 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. 18) 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.

How can I word this in my statement please? I've put a whole paragraph of it being fabricated and not issued correctly but they say it isn't needed anyway.

OK. I'll remove all the Provident information. What about the default notice? Is this a relevant point?

Yes, that is what I meant. 14 days before the court. I've had a go at a witness statement, taking some ideas from others. I do believe I may have stated some things that are not true but hope I can be corrected on those. I've also attached the letter I received from Provident. I'm not sure if this helps or goes against me. here's my 1st draft.. I will fix exhibits later. 1) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written 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 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no pursuant to The Consumer Credit Act 1974 (CCA). 3) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx. I am uncertain as to which account this refers to. It is accepted that I have had financial dealings with Provident in the past however I have no recollection of the alleged account number the claimant refers to. 4) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of the Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974. Acknowledgements dated 27/03/2019, 22/04/2019 and 06/06/2019 advising the case was on hold. [EXHIBIT x, x & x] 5) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of the agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x]. 6)On xxx, I made a Subject Access Request to the original creditor Provident. Additional information was requested following the receipt of documents. Provident stated an electronic agreement that consisted of receiving a pin would accept the loan agreement electronically. Provident were unable to expand on the electronic agreement only providing an email address they allege I used to accept the agreement with an electronic signature. [Exhibit x] 7) The Claimant particulars stated I entered into a Consumer Credit Act 1974 regulated with Provident Personal Credit Limited on 26/11/2015. The Claimant makes no mention of an electronically signed agreement instead producing an unsigned reconstituted paper agreement. 8. Further to the Subject Access Request submitted to Provident, the notice of assignment produced by the Claimant was not submitted. Provident stated it is not something they would have sent. Although represented as themselves, signed by the head of Provident Central Collections and as the original creditor, they have no record of it being sent and do not have access to the original. [Exhibit x] 9) I deny any communication took place between myself and Vanquis. As the responsibility of the original creditor, no such notice was issued. Notification of a previously unrecognised Vanquis Fresh start was never given. 10) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given. I did not receive either document on any of the alleged dates. 11) The claimant acknowledges a change of address occurred between the alleged agreement and current address. The claimant states documents were received at both addresses. The claimant cannot prove when change of address occurred and since the claimant would not have issued either notice of assignment, such claims are unsubstantiated. 12) The claimant states that a default notice was issued on 18thJanuary 2017. Upon further inspection, the notice of default provided by the Claimant, is dated 18thJanuary 2017. The payment date requested by Vanquis Bank Limited is by 28th February 2017. The formal Notice of Default that was allegedly enclosed at the same time has a requested payment date by 28th February 2019. The Claimant allegedly took legal assignment of the account on 21 July 2017. Any payments made toward the account is advised to be forward to the Claimant beyond this assignment. (Exhibit x, x) 13) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis). 14) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement. 15) 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. LetterFromProvident.pdf I've tried to include things that I think matter but probably do not. I also have the letter that prompted the response from Provident I sent after getting the SAR request docs. I tend to get carried away with complaints so won't include it with my statement. And also, if relevant, the email address Provident gave is one of my old addresses which I still have access to and can see Nov 2015. I genuinely do not recall any electronic signatures nor receiving a pin. I have no emails from Provident around the date in 2015. There is one where I enquired about an agent on Twitter and that's it. Provident Request.pdf Can anyone explain this to me contained in Lowell's witness statement please Can I add to my statement, the claimant admits having to rely on being informed documents were issued but has no proof when or if any documents were ever issued. One last question.. can I respond to points Lowell made in their witness statement? In my previous response I mentioned I may have stated things that aren't true in my witness statement. I meant I may have added things that are not relevant or do not apply such as the original creditor being responsible for issuing notice of assignment etc. Thanks.

Doesn't give me a date. It does state within 14 days. I received claimant witness evidence from Lowell today to my email. Should I be creating a witness statement and emailing to the same address? I've attached the document Lowell sent. Can you let me know what you think? I'm not feeling optimistic about this. Thanks. xxxxxx_-_Claimant_Witness_evidence_-.pdf

Thanks for re-opening my thread. I received NOA in December '19 with a hearing date on 28 July '20. This morning I received a letter from Lowell. The NOA states the claimant has until 30 June to pay court trial fee. The letter I received from Lowell advised I need to make full payment by 25th June so I'm assuming they will proceed with court if I refuse contact. They sent Tomlin order also. I intent to go all the way but my question is, will I be requested to make a witness statement or is this something I should have done already? A little confused about this based on what I've read. I've had a look at a few other threads and found this one encouraging Lowell_Final_Request.pdf

A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019

I've just checked and the status is "Your claim was transferred to BIRMINGHAM on 14/11/2019" The last I've heard is the phonemail from mediation. No mail received. Should I be worried about this?

Nothing from court as yet.