Lowell Claim form - Old Provident Doorstep Loan

[dave466]

Name of the Claimant ? Lowell portfolio Ltd

 

Date of issue – 25 July 2017

 

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

 

1.The defendant entered into a consumer crediticon act 1974 agreement with Provident Personal Credit Limited under account reference Xxxxxxxx (the agreement)

 

2.The defendent 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 £550 remains due and outstanding.

 

And the claiment claims

 

the said sum of £550

 

interest pursuant to s69 county court 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 £0.121, but limited to one year, being £44.00.

 

Costs

 

What is the value of the claim? 724

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? The claim is from a provident 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. Assigned to debt purchaser lowell.

 

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

Did you receive a Default Notice from the original creditor? I believe she did.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not too sure.

Why did you cease payments? Not sure

 

What was the date of your last payment? Not sure

 

Was there a dispute with the original creditor that remains unresolved? No.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? I don't believe so no.

 

On her credit report it shows default as 02/04/2013

Account start date as 23/03/2012.

[dx100uk]

was this a doorstep loan

and the only one

or part of a refinanced chain?

dx

[dave466]

Doorstep loan mate.

[dx100uk]

on the CPR specifically request all the hand written account notes and any relevant pages from the agents payment book

[AndyOrch]

on the CPR specifically request all the hand written account notes and any relevant pages from the agents payment book

 

They are not mentioned in their particulars ?

 

31.14

(1) A party may inspect a document mentioned in –

(a) a statement of case;

(b) a witness statement;

© a witness summary;

[dx100uk]

aw don't spoil my squashing of Lowell

could be a good wind up to ask for it anyway...

[AndyOrch]

Ask them for next weeks lotto numbers also

[dave466]

Ha ha.

So am I correct in saying that

 

1. Acknowledgment of service

2. Send cca request

3. Send for 31.14 request?

[AndyOrch]

Yes as per your other thread..you should be an old hand at this now,

[dave466]

Cheers

Aos done

Cca request under section 77 done with postal order

Cpr31.14 done.

 

if my working out is correct defence will need submitting by 27/08/17 (Sunday)?

[AndyOrch]

You cant submit on a weekend...if you do its classed as Monday so submit Friday 25th

[dave466]

No problem. Will keep yous informed if she receives anything back from lowell.

[dx100uk]

defence filing date is approaching

don't miss it dave

[dave466]

Hi mate yes it is due to be filed tomorrow.

Only letter she has received from them is to say that they have received her letter and that they have requested the default note, statements and agreement from original creditor.

It also has the standard notice of assignment copy.

 

Regards Dave.

[dx100uk]

plenty of other Lowell provident claimform threads here already

the holding defence is in them already

but post it up here 1st mind.

 

 

dx

[dave466]

Yeah been looking mate thankyou.

How does this look?

 

Poc

 

1.The defendant entered into a consumer crediticon act 1974 agreement with Provident Personal Credit Limited under account reference Xxxxxxxx (the agreement)

 

2.The defendent 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 £550 remains due and outstanding.

 

And the claiment claims

 

the said sum of £550

 

interest pursuant to s69 county courts 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 0.121 but limited to one year being 44.00

Costs

 

DEFENCE

 

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.

 

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 Procedureicon 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]

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 which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars

 

 

Just tweaked your point 2 Dave.

 

Andy

[dave466]

Thanks Andy I will get that submitted online first thing in the morning.

[dave466]

DEFENCE

 

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 which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars

 

 

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.

 

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 Procedureicon 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]

[dave466]

Defence submitted earlier today.

[dave466]

Today she has received a letter from Lowell with a copy of the directions questionnaire which they have lodge with the court.

[dx100uk]

await your own from the COURT

[dave466]

await your own from the COURT

 

Yeah she is mate thanks. Just keeping yous posted.

[dave466]

Received the directions questionnaire from the courts.

Filled it out, just need a1 and c1? Yes or no?

Regards.