Lowell claimform - old provident doorstep loan

[montrose]

Hi

Not sure if this is the right place but wondered if anyone could help me.

 

I received a Claim Form from the County Court Business Centre in Northampton where Lowells had taken me to court for outstanding debt to Provident.

 

I panicked and went on Lowells website and paid £50. I also sent Lowells a email stating i would be able to pay £50 per month till the debt was paid off.

 

They responded saying that i had to phone them and give them details of my income and outgoings before they would accept my payment plan.

 

I didn't phone them and have made 3 payments of £50 now. Today i received a letter from Lowells Solicitors saying if i don't phone them they will ask the court to enter a CCJ against me.

 

I really don't want to talk to them or have baliffs calling. Could anyone suggest something i could do

 

Thanks

[dx100uk]

that was stupid!!

 

 

what date is top right of the claimform please

[montrose]

Date is 27th Mar 2017

[dx100uk]

Ouch

Can you see if you can login to mcol website and get to the file a defence or AOS box?

Quickly now too

[montrose]

I've done that but can only see "Begin New Claim" or "Respond to a claim made against you"

[AndyOrch]

Option 2 would seem to be the one you want.

 

Andy

[dx100uk]

can I guess this was a doorstep loans and one of many in a chain?

[montrose]

Ok. I tried to log in using the password etc stated on the letter but it won't let me and yes its for a Provident loan.

[dx100uk]

have you created a new registered user first and got the long number

 

 

then logged in

 

 

then tried using the details from the claimform? after clicking respond to a claim?

[montrose]

I've logged in again but it still won't work.

[dx100uk]

ok you can EMAIL a defence

which we can give the details for both

 

go ring northants bulk and ask if its not too late to file a defence

you'll need the claimform number to quote

 

just tell them you've never been able to get in from day one even to acknowledge the claim and then had family issues or whatever and it got pout on the back burner

 

 

dx

[montrose]

ok thank you . Will do that now

[dx100uk]

for your ref

I would suggest that your particulars of claim on your claimform will look the same as the red bit below?

all these Lowell provident claims are identical hoping for a default non contested judgement

or a panic reaction of ringing and paying [opps..that rings a bell!!]

 

all those that have been defended here using the below defence have either been discontinued or are stayed [dead]

 

so get on with it.........

 

adjust the defence below to YOUR DETAILS

and post it back here for checking

 

then we'll give you the email ad

that is ofcourse if Northants give the OK to file a defence

 

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. 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]

Once submitted then send a CCA 77 and CPR 31.14 request ASAP...Templates are in the Library

[dx100uk]

that was my next bit..

trying not too overload the OP...

 

 

CCA request

CPR 31:14

 

 

click the links.

 

 

might not be a bad idea to try getting your payments back too via your bank

how did you pay the fleecers?

[montrose]

The court said it fine to file a defence,

 

Have filled out the form for you to look at.

 

Particulars of claim

 

1) The Defendant entered into a consumer crediticon act 1974 regulated agreement with Provident personal Credit limited under account reference 1325023 ('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 £1,395.00 remains due and outstanding

 

And the Claimant claims

a)the said sum of £1,395.00

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 £0.306, but limited to one year, being £111.60

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. 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.

[dx100uk]

:lol:great work!!

 

 

go file it now at

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” and quote the claim number in the subject field.

.

[becareful there are no spaces in the email ad]

 

 

you don't file the red bit....:lol:

 

that'll upset the fleecers!!

 

now get those 2 leters running

and go get that money back too!!

[montrose]

Who do i send the CCA Request and CPR 31:14 to Lowells or Provident?

 

Thank you for all your help.

[Guest]

latter to the sols (address for service on the claim form)

former to the claimant (can copy in the sols)

[montrose]

Thank you

[dodgersmad]

you don't file the red bit....

 

that'll upset the fleecers!! sorry DX can you explain

[dx100uk]

that you were allowed to file a defence late..

 

 

did you go get your payments back via the bank?

 

 

dx

[montrose]

Today I received a reply from Lowell with information requested. I also received a copy of a Directions Questionnaire which they have lodged with the court.

 

Do I reply to this when the one from the court arrives?

[AndyOrch]

Yes but only when the court sends your DQ N180

[dx100uk]

what reply and what information...