Lowell/? claimform - old provident Doorstep LOan 'debt' [no.2.]

[MrJohnW]

Name of the Claimant - Lowell Portfolio I LTD

Date of issue – 08/02/2017

Date to acknowledge - 26/02/2017

 

Date to defence - by 4pm 10/03/2017

 

What is the claim for?

 

1) The Defendant entered into a consumer credit act 1974 regulated agreement with Provident personal Credit limited under account reference ********* ('the agreement').

 

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

 

3) The Agreement was later assigned to the Claimant on 29/08/2014 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £1,***.** remains due and outstanding

 

And the Claimant claims

a)the said sum of £1,***.**

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing at a daily rate of £0.404, but limited to one year, being £147.28

C) Costs

 

What is the value of the claim? £1988.28(for a £900 loan)

 

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

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

 

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? Issued by Debt Purchaser Lowell

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Unable to tell as she didn't keep letters sent to her, but probably. She recalls letters from Lowell last year but it could be from something else. She has also moved once since this was taken out.

 

Did you receive a Default Notice from the original creditor?

 

Unable to tell as she didn't keep letters sent to her, but probably.

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

Unable to tell as she didn't keep letters sent to her, but probably.

 

Why did you cease payments? Agent never turned up.

 

What was the date of your last payment?

She thinks one payment was made around September 2013

 

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

 

Agent stopped turning up. This was a second loan with them at the time and the agent had turned up for the first one every fortnight for about 6 months.

 

Did you communicate any financial problems to the original creditor

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

 

No, when no-one turned up she just ignored the problem.

 

So, just defended an older one with these guys for her(literally about a week before this was issued) and now another one. At least she was not in floods of tears this time.

 

I am assuming to go down the same route of Acknowledge service and send out a CPR and CCA?

[AndyOrch]

Link for previous discontinued claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?473836-Lowell-Provident-CCJ-Form***Claim-Discontinued***

 

Regards

 

Andy

[dx100uk]

yep cca/CPR/AOS time

 

 

please note your corrected dates for AOS and defence.

[MrJohnW]

Letters were posted Monday. Apparently a letter has arrived today from Lowell Solicitors demanding payment of the total balance including all the court fees.

 

Not seen the letter yet but are they allowed to do that?

[dx100uk]

Doesn't really matter

[MrJohnW]

Letter arrived from Lowell Solicitors this morning -

 

"We refer to the above matter and acknowledge receipt of your letter 12 February 2017.

 

We note your intentions to defend the Claim and confirm we have received your Acknowledgement of Service which provides a further 14 days for you to respond to the claim appropriately.

 

The account will be placed on hold until we have received the the requested documents from the original creditor Provident Personal Credit LTD in relation to the account opened ** **** 2013. The documents will then be forwarded to you upon receipt.

 

The Deed of Assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information to which you are not entitled to see. No other agreement/Deed of Novation exists between you and out client. "

 

So, they are going to try and go for it then. Does "account on hold" mean they will not be proceeding with the claim at the court or is it a tactic to try and make her not defend the claim?

 

If they refuse to provide a deed of assignment does that mean they have no legal right over the claim as she has no agreement with or had any contact with Lowells?

[AndyOrch]

Its not on hold at all...the clock is still ticking.

 

You didnt request a Deed of Assignment...you requested a copy of the Notice of Assignment...Lowells Solicitors have yet to reach this chapter of their law Book and are yet to distinguish the difference between documents.

[MrJohnW]

Haha, I missed that, I checked the letter and its the Notice I requested. Good spot

 

So just await the 14 days for them to provide proof then?

[AndyOrch]

Haha, I missed that, I checked the letter and its the Notice I requested. Good spot

 

So just await the 14 days for them to provide proof then?

 

You can wait ...but nothing will be forth coming.....start looking at defences.

[MrJohnW]

Isn't the defence - They failed to provide any of the requested documents in time? If not what defence do I need to file for her?

[AndyOrch]

Partially...but a claimant is not compelled to disclose anything until after you have submitted a defence...so not a very sound cause of a defence.

[MrJohnW]

Another letter arrived today saying the account is "on hold" but this time the bottom does not say about the deed of assignment it instead says they notice a defence has been filed and she should pay attention to the timelines issued by the court.

 

I am now working away for the next two weeks, so I guess we should file a defence huh?

What am I filing?

 

So far the CCA and CPR have had no response in the form of documentation requested.

 

Is there a link with what to file I can read?

[dx100uk]

I would think it says 'noticed you have defended the case

not a defence has been filed

as you've yet to do that.

 

 

use the search CAG box of the top red toolbar

and your thread title

 

 

or Lowell provident claimform

[MrJohnW]

Im not sure what I was looking for. Is this the right kind of thing? I changed Section 78 for section 77 as its a loan, was that correct?

 

Particulars of claim

 

1) The Defendant entered into a consumer credit act 1974 regulated agreement with Provident personal Credit limited under account reference ********* ('the agreement').

 

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

 

3) The Agreement was later assigned to the Claimant on 29/08/2014 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £1,***.** remains due and outstanding

 

And the Claimant claims

a)the said sum of £1,***.**

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing at a daily rate of £0.404, but limited to one year, being £147.28

C) Costs

 

 

 

 

 

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.

 

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 CCA 1974 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 Procedure 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 14/04/2017 I made a legal request by way of a section 77 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.

[AndyOrch]

Read your intended defence now that I have posted their particulars above...in particular look at their points 1/2/3 and look at your responses 1/2/3

 

Regards

 

Andy

[MrJohnW]

I have spent ages trying to work out whats wrong with them and they look right. I looked at other claim forms and have tried to alter this one to better fit. Its not as "cut and paste" as the letters were

 

I re-read the one I copied over and the particulars are different. Hopefully this one is better -

 

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. I am unable to recall the precise details of the alleged agreement and have therefore sought clarity from the claimant by way of a Section 77 request and a CPR 31.14 request. The claimant has acknowled receipt of these requests but has yet to comply with these requests.

 

2. I am unable to recall that any default notice has been served.

 

3. 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 4 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 Procedure 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 14/04/2017 I made a legal request by way of a section 77 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.

[dx100uk]

You need to accept or deny

 

Nothing wrong with go one other that your replies didn't match their para numbers

[MrJohnW]

So -

 

1. I Deny owing any monies to the Claimant. I am unable to recall the precise details of the alleged agreement and have therefore sought clarity from the claimant by way of a Section 77 request and a CPR 31.14 request. The claimant has acknowledged receipt of these requests but has yet to comply with these requests.

 

Anything else?

[dx100uk]

Failure to comply with CCA/CPR is not a means to deny you owe anything

 

What if they reply before court...you're stuffed...

 

Use the search CAG box

Lowell claim form loan

[MrJohnW]

I searched and read a few of the other ones like this, most didn't get to the point of defence,

 

can you tell me what I am supposed to be looking for?

 

We both appreciate the help but a bit more of a hint would be nice

 

I didn't read it that the denial was based on failure to reply to CCA/CPR. Does it need to be reworded?

 

Court reply date is the 10th.

 

Am I best not sending a defence off until closer to the time?

 

I am only looking into it this early as I have to go away and don't get back until the 11th and there is no one else to hand this off to that can(or will) help her.

 

To be honest I was hoping this would be as easy as the other one and they would just go away.

[AndyOrch]

Hi John

 

Its quite simple really......look back at the initial defence you posted in #14.

 

Looks fine at a glance......but when you add the particulars of claim which I did you then see that your 1/2/3 does not respond to the claimants 1/2/3.

 

For a defence to legally valid and CPR compliant is has to be drafted in a way were you either accept or admit or deny..anything you do not answer or respond to will be taken as an admittance.

 

 

Your responses must comply to the points the claimants plead...so above on the claimants point 2

 

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

 

Your answer.....

 

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 CCA 1974 has been served upon him by the Claimant as alleged or at all.

So they are stating breach of agreement and default and your answer is with regards to Assignment of Debt?

 

 

Treat the opening of a defence as 3 separate questions and your 3 seperate answers..the rest of the defence is fine once you have answered the points..but your answers must correspond.

 

Bit like me asking you....

 

You failed to pay the money back and I sent you a default notice

 

your answer

 

You dont legally own it I never received a Notice of Assignment:???:

 

 

Yes ?

 

 

Andy

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?468308-Lowell-Lowell-Solicitors-Claimform-old-Cap1-debt

 

just remember

Fixed loans are section 77

so that needs changing.

[MrJohnW]

Hopefully this looks better

(Not sure if I was just tired last night so my brain decided to take small vacation or the wording on this one is a bit simpler so gels better with the requests),

 

the two pages that were linked in seemed to be along the line of agree she had one but deny any monies are owed, I hope that is the right tactic -

 

Particulars of claim

 

1) The Defendant entered into a consumer crediticon act 1974 regulated agreement with Provident personal Credit limited under account reference ********* ('the agreement').

 

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

 

3) The Agreement was later assigned to the Claimant on 29/08/2014 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £1,***.** remains due and outstanding

 

And the Claimant claims

a)the said sum of £1,***.**

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing at a daily rate of £0.404, but limited to one year, being £147.28

C) Costs

 

1. 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.

 

2. Paragraph 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 section 77 request.

 

3. Paragraph 2 is denied. I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

4. Paragraph 3 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 pursuant to the Consumer Credit Act 1974 for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.

 

6. A further request was made via CPR 31.14 to the Claimants solicitor requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied but has stated a general extension of time to retrieve the documents, to date nothing has been received.

 

7. It 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.

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.

[AndyOrch]

Excellent......it is vitally important to understand your defence and the reasons for the content and the way its drafted...along with it being CPR compliant.

 

Regards

 

Andy

[MrJohnW]

No letters from either branch so Defense has today been submitted. Fingers crossed.