lowell claimform - old provident doorstep loan

[Angelina187]

Hi,

I was wondering if it would be possible to get some advice please.

 

Late 2011/ early 2012 (sorry I can't remember the exact date) I took a loan out through Providemt for about 300.

I paid weekly to the lady collector who arranged the loan and then a new collector started working for them and I continued to pay him weekly (for about 4 weeks) until late mid 2012 when I was moving to a different county.

 

At this point I paid my balance to the collector in cash as was the arrangement and moved away.

 

Over the past few years I would occasionally get a 'debt' letter from Lowells which I queried with them the first time then ignored as I believed it to be just an error.

 

However this morning out of the blue I received a claim form from moneyclaim.giv.uk asking for 464.94 plus 85.00 fees. They haven't put the original date of the loan in the particulars just a date 29/08/2014 which is when they say they took on this 'debt'.

 

I really don't know what to do. I don't see why I should pay twice but as it was five years ago I don't have the provident payment book to prove the collector took the cash.

 

Any advice greatly appreciated.

[maroondevo52]

Hello and Welcome,

 

I have moved this thread to the appropriate forum, you should get some help shortly.

 

Regards,

 

Scott.

[dx100uk]

welcome aboard

 

 

Please read the following link which explains the process of how to deal with a court claim then complete the Qs and copy and paste back here to your thread:

 

 

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

[Angelina187]

Name of the Claimant ? Lowell Portfolio I Ltd

 

Date of issue – 20 Jul 2017

 

What is the claim for – the reason they have issued the claim?

1) The defendant entered into a consumer credit Act 1974 regulated agreement with Provident Personal Credit Limited under account ref

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

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

4) Despite repeated requests for payment the sum of £430.50 remains due and outstanding.

 

And the Claimant claims

a) The said sum if £430.50

b) Interest pursuant to s69 County Courtd Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.084, but limited to one year, being £34.44.

c) Costs

 

What is the value of the claim? £549.94

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Doorstep Loan

When did you enter into the original agreement before or after 2007? After (2011 or early 2012)

 

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. - Lowell Portfolio (Debt purchaser)

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't believe I did as I had moved.

 

Did you receive a Default Notice from the original creditor? No I don't believe I did as I had moved.

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

Why did you cease payments? I cleared the outstanding cash amount in June/July 2012

 

What was the date of your last payment? Unknown

 

Was there a dispute with the original creditor that remains unresolved? I didnt think so

 

Did you communicate any financial problems to the original creditor

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

[Angelina187]

Apologies if I'm making this harder.

[dx100uk]

not in the least

 

 

dx

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

 

 

 

was this the only doorstep loan with them

or was this a part of a chain of loans with them,,

[Angelina187]

No this was the only one I ever did x

 

Sorry didn't mean to x the end of my post *

 

I will do everything you said first thing tomorrow. Thank you so much for your help, it really is very much appreciated. I will post back as soon as I have done it.

[dx100uk]

ok all good

 

 

there are numerous claims already here for lowells and provi.

so yo ae not alone

 

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=lowell+claimform+provident&sa=Search+CAG#gsc.tab=0&gsc.q=lowell%20claimform%20provident&gsc.page=1

 

 

whatever happens just DONT miss your defence filing date

[Angelina187]

Ok I've done the acknowledgement part on MCOL

 

Now I will do the other parts

Thank you for helping me, I'm so grateful for it. Do I then just wait for the solicitors and claimant to get back to me with the requested details?

[dx100uk]

well if yo think about it you don't want them too.

just don't miss your defence filing date.

[Angelina187]

What happens if they dont get back to me within the timescale?

 

Sorry if im being a bit daft,

do i now complete the defence form bit from the court to say im disputing as already paid

or do i do nothing and wait for responses if any from Lowells?

[dx100uk]

you don't do anything of the sort

you don't want them to reply

think about it

 

just don't miss your defence filing date.

go read those like threads

 

dx

[Angelina187]

Hi again

Just a quick question.

 

So far I've heard nothing in regards to the letters I sent.

 

Am I correct in thinking I have 28 days from the date served to file my defence?

I just want to be sure I've read it correctly.

 

If this is the case do I wait til a few days before the due date and then fill in the defence section and send it to the court?

 

Do I state that I have requested the information and it wasn't received? Thank you in advance.

[dx100uk]

You have a total of 33 days

 

28 days plus an additional 5 days after which it is deemed you received it

The date on the claim form is deemed one in the count

 

You do it via mcol like the AOS

 

Post it up here first

 

And go read the threads in post 9

[Angelina187]

Thank you for replying dx I will go back and read through the threads again.

[Angelina187]

Hello again

Well i have not received the requested info from Lowells and my cut off date is looming.

You said i now put my defense into MCOL?

 

Do i just write what i have previously told this thread?

That it was paid off and completed back in June/July 2012.

Do i need to say anything else?

Thank you very much for your assistance in this it isvery much appreciated.

 

Also do i mention that i have requested the information (CCA and CPR 31:14) and did not get anything back aside from an acknowledgement letter from Lowells stating that they have requested the details from Provident and will send them to me when they get them.

 

It also stated that my account was placed on hold while they wait for this info but i assume that the MCOL is still active.

 

Thanks again

[dx100uk]

go read those linked threads

you need the holding/no paperwork defence.

 

 

post it here 1st mind......

 

 

you have till 4pm TODAY to file it on MCOL website

[Angelina187]

Ok i have read through the links above and found a template for a defence and amended it to my details. Is this acceptable? there are two options for defence on the MCOL form. 1 is to dispute because i paid (which i did but have no record of it and cant remember the exact amount before all these 'charges') or 2. defend for other reasons. Do i go for number 2 and use this template?

 

1: I received the claim D******* from the Northampton County Court on 25th July 2017.

 

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

 

3: This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.[it is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

 

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

5: On the 25th July 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

 

6. Lowell Solicitors have sent only a photo copied letter of assignment on blank paper with no company letter head.

 

7. On the 25th July 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

8. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

 

9. 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.

 

10. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

 

11. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

 

12. It is denied that the Claimant is entitled to the relief as claimed or at all.

 

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

 

 

 

Signed …………………………………………

 

Dated ................................................

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?477000-Lowells-Cohen-Claim-Form-old-merged-provident-doorstep-loan-debt

[Angelina187]

Thank you. Your attention and time is appreciated Dx

Is this more acceptable? However should i remove item 4, as although i dont recall receiving a notice Lowell Solicitors have sent me a copy of a plain typed sheet of paper (i.e not letterhead) stating it is from september 2014 and signed by Provident Central Colections telling me my account has been sold to Lowell. Other than the signature at the bottom there is no evidence it is from Provident at all.

 

Particulars of Claim for reference only

 

1) The defendant entered into a consumer crediticon Act 1974 regulated agreement with Provident Personal Credit Limited under account ref

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

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

4) Despite repeated requests for payment the sum of £430.50 remains due and outstanding.

 

And the Claimant claims

a) The said sum if £430.50

b) Interest pursuant to s69 County Courtd Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.084, but limited to one year, being £34.44.

c) Costs

 

 

DEFENCE

 

1. The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out their 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. Item 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 CCA Section 77 request.

 

3. Item 2 of the claim is denied. I have not been served with a Default Notice pursuant to the Consumer Credit Act 1974.

 

4. Item 3 of the claim 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 request pursuant to the Consumer Credit Act 1974 for a copy of the agreement, by Royal Mail 1st Class Signed For Recorded Delivery. As of the 21st August 2017, the Claimant has yet to comply and as such is in default of said request.

 

6. A further request was made via CPR 31.14 to the Claimants solicitor (Lowell Solicitors) requesting disclosure of documents on which the Claimant is basing their claim. This was once again done by Royal Mail 1st Class Signed For Recorded Delivery. A letter from the Claimants solicitor dated 4th August 2017 was received by the defendant acknowledging the request for documents and that they had passed this request on to the claimants. As of the 21st August 2017, the claimant has not supplied the requested documents, the claimant has given no good reason or any reason at all to the defendant for this failure to comply with the defendant's legal rights of entitlement to inspect the documents that the claimant's claim is to rely on.

 

7. Item number 4 of the claim 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 and;

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.

Edited August 21, 2017 by Andyorch
Checked

[Angelina187]

is this ok to use?

thank you

[Angelina187]

Sent. Wanted to ensure it was in before 4pm.

Thank you for all your help. Will make a donation to the site now

[AndyOrch]

Sorry for the delay Angelina187....but yes the defence is fine and checked.

 

And many thanks for your intended donation.

 

 

Regards

 

Andy

[Angelina187]

Hello again

 

I today received a letter from Lowells with an attached form called a Directions Questionnaire. They have completed it to say they wish the claim to be referred to small claims mediation service.

It states I will also receive a form to complete. Do I also tick the mediation box?

Thank you in advance.