Lowells/BW claim form - Old Provident Loan 'debt'***Claim Discontinued***

[nigrob]

Hi , my wife has just received a BW Legal court claim from the bulk centre on behalf of lowell. This is an old provident debt.

We are unable to pay the claimed ammount straight away nor are we sure that the claimed ammount is correct.

 

Could someone advise on the best way forward for this to be dealt with.

 

Nic

[Bazooka Boo]

Definitely ack the claim using MCOL.

 

How much is this for?

 

When was last payment made to Provi?

[nigrob]

Hi,

The claim is for £2300 , not sure of last payment date but it is a few years ago now.

 

Nic

[dx100uk]

hi ya

so we can advise properly

 

can you please fill this out:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

moved to legals forum too

[nigrob]

Name of the Claimant ? Lowell Portfolio 1 Ltd

Date of issue – 04/10/2016

What is the claim for –

 

 

1 Claimant's claim is for the sum of £2,074.00 being monies due from the defendant to the claimant under a Loans, Credit cards agreement regulated by the Consumer Credit Act 1974 between the defendant and Provident Personal Credit Ltd under account ref: xxxxxxxxx and assigned to the claimant on 26/06/2015 notice of which has been given to the Defendant.

2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

3.The claim also includes statutory interest pursuant to section 69 of the County Courts act 1984 at a rate of 8.00 percent per annum(a daily rate of £0.45 from the date of assignment of the agreement to 25/06/2016 being an amount of £164.70

 

What is the value of the claim? £2423.70 inc. Court fees & Legal costs

 

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

 

When did you enter into the original agreement before or after 2007? 2009 according to Lowell (Cannot recall)

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.

Assigned to Debt purchaser , original creditor Provident Personal Credit Ltd (cannot recall taking out as payment book in 2012 has balance of £15.00 and different reference numbers.

Were you aware the account had been assigned – did you receive a Notice of Assignment? No recollection of receiving notice

 

Did you receive a Default Notice from the original creditor? No recollection of receiving.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? only Headed "Notice of Sums in arrears"

Why did you cease payments? Hardship if anything

 

What was the date of your last payment? Cannot recall ( Will look for this but not sure that Provident owned the debt to start with)

Was there a dispute with the original creditor that remains unresolved? Not that we recall

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? If it exists we would have told them our circumstances

 

[dx100uk]

how many digits are in the POC for the account number?

and is no.1. exactly as it is on the POC

strange they mention loans/credit cards?

 

 

have you acknowledged the claim on the MCOL website yet?

[nigrob]

Hi ,

The account number has 1 letter & 8 numbers (9 digits altogether)

 

Not sure how the 1,2 & 3 on the POC happened as it is just one paragraph with no numbers.

 

I have still to acknowledge the claim as I am unsure what to do.

 

Nic

[martin2006]

Go to http://www.moneyclaim.gov.uk

 

Acknowledge the claim

Tick defend all

Leave jurisdiction unticked

Log out

 

Log in using the details on the claimform

[nigrob]

HI ,

 

I have now acknowledged the claim.

[dx100uk]

ok so its a loan not a credit card

yet another very vague POC

hoping for a non contested default judgement.

 

 

you'd ack'd the claim

so now it defended

and they cant do that

 

 

get a CCA request running to the claimant

get a CPR 31:14 running to the solicitors...

 

 

don't sign anything

leave the £1PO blank and uncrossed.

 

 

anything on your credit file?

[nigrob]

Hi , I have altered the CCA request template as below , is this OK once I complete the address & account no.s etc.

 

template removed please read the top of the letter and our rules - dx]

[dx100uk]

you do not adapt it why do you think you need too?

 

 

dx

[nigrob]

There are sections that say delete as appropriate , refer to post no.3 etc.

[dx100uk]

And?

Read the full CCA request

[nigrob]

CCA request & CPR sent today.

[nigrob]

Hi,

 

Is there anything I need to do now? Not heard anything from the CCA request or CPR as yet.

 

Nic

[AndyOrch]

Hi,

 

Is there anything I need to do now? Not heard anything from the CCA request or CPR as yet.

 

Nic

 

Start looking at possible defences in the Financial Legal Issues ..Successes...and keep an eye on your defence date.

 

Andy

[nigrob]

Hi,

 

Still not heard from Lowell / BW since CCA request & CPR request. Just over a week until 28 days are up . Do I need to do anything besides file defence before 28 days are up?

Not quite sure of what defence to use.

 

Nic

[martin2006]

Look for a no paperwork/holding defence in the legal successes firum, hundreds of them there but its not just a copy and paste job, you must adapt one to answer each of the claims in the PoC on your claimform.

[dx100uk]

def due by 4pm 4th nov.

 

 

copy and paste your thread title in to the red toolbar search cag box.

by leave out the name of the original creditor

ie

Lowells/BW claimform - Old Loan 'debt'

[nigrob]

Hi,

Found the following defence which looks to fit my issue. Any advice please if it is ok.

 

Particulars of Claim

 

1 Claimant's claim is for the sum of £2,074.00 being monies due from the defendant to the claimant under a Loans, Credit cards agreement regulated by the consumer crediticon Act 1974 between the defendant and Provident Personal Credit Ltd under account ref: xxxxxxxxx and assigned to the claimant on 26/06/2015 notice of which has been given to the Defendant.

 

2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

3.The claim also includes statutory interest pursuant to section 69 of the County Courts act 1984 at a rate of 8.00 percent per annum(a daily rate of £0.45 from the date of assignment of the agreement to 25/06/2016 being an amount of £164.70

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its 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.

 

1. Paragraph 1 is not admitted with regards to the Defendant owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request.

 

2. Paragraph 2 is denied and the Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has been served upon him by the Claimant as alleged or at all.

 

3. Paragraph 3 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of defaulted payments .As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact.

 

Therefore Paragraph 1 is denied 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

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of Consumer Credit Act 1974.

 

6. On the xxxxxxxxx I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.

 

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

Edited October 23, 2016 by Andyorch
Particulars added

[AndyOrch]

Read the particulars 1/2/3 and then your proposed 1/2/3

 

Andy

[martin2006]

As well as Andy's advice to check your paragraphs match and respond to the correct paragraphs in the poc, there is also the s78, if this Is a loan it should be s77. S78 is for credit cards.

[nigrob]

Hi Andy,

 

Made adjustment to paragraphs, any better?

 

Particulars of Claim

 

1 Claimant's claim is for the sum of £2,074.00 being monies due from the defendant to the claimant under a Loans, Credit cards agreement regulated by the consumer crediticon Act 1974 between the defendant and Provident Personal Credit Ltd under account ref: xxxxxxxxx and assigned to the claimant on 26/06/2015 notice of which has been given to the Defendant.

 

2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

3.The claim also includes statutory interest pursuant to section 69 of the County Courts act 1984 at a rate of 8.00 percent per annum(a daily rate of £0.45 from the date of assignment of the agreement to 25/06/2016 being an amount of £164.70

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its 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.

 

1. Paragraph 1 is not admitted with regards to the Defendant owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 77 request and a CPR 31.14 request.

The Claimant is put to the strictest of proof on the same. The Defendant contends that no notice pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has been served upon him by the Claimant as alleged or at all.

 

2. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of defaulted payments .As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact.

 

Therefore Paragraph 1 is denied 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

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of consumer crediticon Act 1974.

 

6. On the xxxxxxxxx I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.

 

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

[martin2006]

Alter to s77 and you must also counter paragraph 3, s69 interest being awarded at the discretion of the court etc