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lowell/Cohen claimform - old provi debt.


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Hi all

Just had a letter saying Lowell are going to take me to court for a provident debt

 

I did have a loan from them and when I couldn't afford to pay

they rolled it into another loan then the agent stopped coming round

 

I'm going to send a CCA request off who should I send that to ? Lowell?

Anything else I need. To do as last one I went up against I ended up with a ccj (credit card )

 

The default on my credit file is 1/14 yet I believe it defaulted way before that

 

I also have another provident/greenwoods defaulted with same default date

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time for an sar to provi?

I very much doubt there are any enforceable agreements for a provi doorstep loans

they're very rarely correct.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Send a CCA to lowell. They will come back with some silly letter saying they have 40 days ( they have 12+2), and youll prob not hear from them again

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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So I should CCA Lowell and sar provident

 

Oh at one point I heard they sacked the collector for stealing and also I missed placed my book so didn't get a receipt

 

Thats correct. Dont worry about your collector right now. Get that SAR and CCA going.

 

While they are in default of a CCA request, they cannt go to court.

 

 

The judge would kick off on them big time if they tried it.

 

 

Thats why you get that CCA in fast before they issue a claim, and stop them in their tracks.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 2 weeks later...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Name of the Claimant lowell

Date of issue – 14/6

What is the claim for – Particulars of Claim

 

1.The claim is for the sum of £600 due by the defendant under an agreement regulated by the cca act 1974 for a provi credit limited account with an account reference of 111111

 

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 ##/Aug/14 notice of which has been given to the defendant

The claim Inc statutory interest under s69 of the county courticon act 1984 at a rate of 8% PA from the date of assignment to the date of issue of proceedings in the sum of £##,##

 

What is the value of the claim? 700 inc court fees ect

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

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

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 purchser

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? not sure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? cant remember

Why did you cease payments? couldnt afford repayment then collector stopped coming round

What was the date of your last payment? not sure

Was there a dispute with the original creditor that remains unresolved? no but when i couldnt afford it she rolled it into another loan

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

i did enter into a stepchange dmp but that got cancelled after a while

Edited by Andyorch
POC added
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no you do not ring anyone!

go ack [AOS] the claim on mcol website.

 

 

defend all

leave juris unticked

exit mcol.

 

 

CPR 31:14 to cohen.

don't sign anything

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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read post 10 again

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sar wont hurt [to Provi]

though whatever you get back you keep to yourself

 

 

wont be back before you need to defend mind anyway.

 

 

did you already send CCA to lowells?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Had a letter back from Lowell's

 

It Just said that I wrote to them recently and I used to their old address

Absolutely nothing mentioned about the CCA request

At least they have sent a letter so if they don't send the CCA I have proof that they received it

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its working days

however as a claimform has been issued

timescales are immaterial

 

 

you file your defence ONTIME

regardless

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I did send the CCA before the claim got issued

 

I'm not to sure on a defence but something along the lines of

 

The loan was mis sold as agent rolled the loan into a new one

 

CCA request was sent to Lowell and I have not had the information back

 

The agent left and no new agent arranged collection and when I phoned provident they said they would be in contact and a new agent would come round that was the last I heard from them

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I did send the CCA before the claim got issued

 

I'm not to sure on a defence but something along the lines of

 

The loan was mis sold as agent rolled the loan into a new one

 

CCA request was sent to Lowell and I have not had the information back

 

The agent left and no new agent arranged collection and when I phoned provident they said they would be in contact and a new agent would come round that was the last I heard from them

 

Time to look in the Legal Success Forums at defences

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 2 weeks later...

Still not sorted my defence (I know )

 

Still not had anything back about the cca request or the cpr so I can't really do anything until I get them as I can't even remember what year the account was for

 

Noddle has it defaulted in 2014 but it was way before then

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as post #20

they are unlikely to respond in time, so just prepare one including saying no response to requests partic the cca request (which you have proof of).

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not due till / by 4pm 18th

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You wont be getting a response to the CCA/CPR request so don't sit waiting until the deadline...start to prepare your holding defence.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Had a letter back from Cohen about the cpr it says

 

We have received your letter in which you make a request for documents and have notified our client. Of this request

Documents in support of our clients claim will be disclosed on or before disclosure as directed by the court

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