Lowell claimform - old old Provident Loan

[dx100uk]

When did you enter into the original agreement before or after 2007? No

 

defence is due by 4pm friday

[fletch70]

Hi

If you have not yet entered a defence please do not just say it is SB .

 

Did you sent the CCA request, I think you did?

 

Did you send a cpr 31.14 request , although they have not really mentioned much

 

A defence should be including non compliance with S77(1) , no S87(1) Default notice and no notice of assignment received at the time

[dx100uk]

have you rung provi and confirmed last payment date?

 

looks to be statute barred to me easy win

[fletch70]

Actually I think the defence could wait until 27th as long as it was done by 4pm - 33 days is actually Xmas Eve which is a Sunday, 25th and 26th are BH so due the next working day

[dx100uk]

if its sb'd you don't add anything .

its absolute

[fletch70]

And what happens if it turns out you did make a payment or even that a judge rules you probably made a payment?

 

Lowell cca requests for provident loans are often defective as are S87(1) DNs.

 

Why plead one argument when you can have 4

[dx100uk]

sb defence should never be filed unless you are 1000% sure it is SB

its absolute

which is why we always advise to phone the OC and check.

 

doesn't matter what legal paperwork they might get - even if is likely faulty or not, thats immaterial to it being SB.

nothing can unbar it even a judge.

 

 

 

you should still do CCA/CPR yes but its a bit late now for this OP to do so.

[belgarion22]

I took the loan out in 2010

When did you enter into the original agreement before or after 2007? No

[dx100uk]

thank you amended

 

I will guess you didn't enter into any debt management plan or whatever

and you didn't make this supposed £10 payment to the OC

 

so go ring provi tomorrow and check.

then we can move this fwd.

[belgarion22]

The original debt came off my credit file over 6 months ago leaving only the Lowell version.

 

@dx100uk;

 

i did not enter into any plan with lowell or the previous debt collection agencies that provident sent the debt to before the passed it onto lowell

[dx100uk]

they say i made a payment of £10 to the original debt just before they bought it - this i did not do.

 

that would indicate at that point it was not sold

so a call to provi will be the key

 

as for the credit file.

the lowells entry should have vanished the same time as the provi entry

that smacks of them recording a differing default date than that registered by provi...not allowed.

 

dx

[fletch70]

Never too late to send a cca or cpr31. 14 request. If the defence has not been entered just add

A request under s, 77 cca was sent and has not been complied with.

 

It's about covering bases.

 

Remember the whole Coa on SB is a hot topic at the moment after the recent pra appeal.

[belgarion22]

i just spoke to provident my account is no longer on their system as it is over six years since i made the last payment so it has automatically been removed

[Guest]

 

Remember the whole Coa on SB is a hot topic at the moment after the recent pra appeal.

i think i've seen that you refer to around, but can you post up further info on that for reference/info. thanks.

[dx100uk]

i just spoke to provident my account is no longer on their system as it is over six years since i made the last payment so it has automatically been removed

 

then its statute barred

go file the SB defence.

 

The following defence is all you need if it is SB

 

1 The Claimant's claim was issued on (insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

[belgarion22]

Thank you for your help I will let you know what happens

[dx100uk]

Never too late to send a cca or cpr31. 14 request. If the defence has not been entered just add

A request under s, 77 cca was sent and has not been complied with.

 

It's about covering bases.

 

Remember the whole Coa on SB is a hot topic at the moment after the recent pra appeal.

 

please advise

[fletch70]

I tried but the site logged me out. PRA won an appeal on a credit card stating COA is the remedy date of the DN and not necessarily last payment

 

The original details are on another forum and a consumer credit blog I think

[dx100uk]

urm...and the date of this appeal they won was......

[fletch70]

December 2017 [link removed]

 

It is, I think going to the court of appeal assuming they are given permission

[honeybee13]

Apologies fletch, we don't carry links to commercial websites.

 

HB

[fletch70]

Apologies fletch, we don't carry links to commercial websites.

 

HB

 

I understand , wouldn't have posted it but DX seemed to think it was not current

 

Although it was suggested this applied to all consumer credit accounts I am not sure how it sits with fixed term loans such as this thread

PRA also argued that S140A provided the consumer with protection but things like that are more difficult for a LiP to argue

 

Luckily it was a decision by a recorder at an appeal in county court so is only persuasive, I have however heard it has already been used by debt purchasers

[dx100uk]

cant be to short of being stayed now...