LOWELL claim form - old provident doorstep loan poss SB'd ***Claim Discontinued***

[Nibbles83]

hello im very sorry to bother you guys  but im not sure where to go with this .

yesterday i recived the claim form from the county court business center .

lowell brought a old provident account .....

ive this morning rang provident to get a last payment date but they are just giving me the run around and said they will send the request to CCST (CUSTOMOR CONTACT SUPPORT)

provident state the only information they can give me is that the count was sold in 2014,

when checking my credit file its listed under lowel and defaulted arrcording to the credit report the account was started on :12/10/2012

and default on the 3/6/2013 then sold to lowel in 2014 .

as far as i can remeber i only ever made 1 may 2 payments towards this allegde debt . ive had no contact with provident in years and ive never had any contact with lowel over said debt

i was working but since 2013 i became ill spent alot of time on the sick from 2014/15 being dismissed in 2017

im on benefits and really cant affort to pay this .

any help would be apprecated at this point the issue date for the claim is 5th /3rd/2019

yours kindly Nibbles 

[AndyOrch]

Hi and Welcome to CAG

I have moved your thread to the Financial Legal Issues Forum in view of the court claim.Please continue to post here to your thread.

Please read the following link and then copy the Q,s and your responses back here so we have all the details to advise on how to proceed.

Regards

Andy

[Nibbles83]

HI Andy thanks for the welcome hope ive done this correctly please bare with me if i havnt been awhile since ive to learn something new lol

 

 Name of the Claimant ?
LOWELL PORTFOLIO l LTD
ELLINGTON HOUSE 9 SAVANNAH WAY LEEDS WEST YORKSHIRSHIRE LS10 1AB.

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.
ISSUE DATE 05/03/2019

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - UNSURE OF THIS (SORRY )

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Particulars of Claim
1) THE Defendant entered into a consumer credit act 1974 regulated agreement with provident personal credit limited under acount xxxxxxxx (the agreement)
2) The Defendant failed to maintain the required payments and arrears began to accrue.
3) The agreement was later assigned to the claiment on 29/08/2014 and notice given to the defendant.
4) despite repeated request for payment the sum of £4,452.00 remains due and outstanding.
and the claimant claims
a)the said sum of £4,452.00
b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to date of issue, accuring at a daily rate of £0.976, but limited to one year , being £356.16
c) Costs

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

1) THE Defendant entered into a consumer credit act 1974 regulated agreement with provident personal credit limited under acount xxxxxxxx (the agreement)
2) The Defendant failed to maintain the required payments and arrears began to accrue.
3) The agreement was later assigned to the claiment on 29/08/2014 and notice given to the defendant.
4) despite repeated request for payment the sum of £4,452.00 remains due and outstanding.
and the claimant claims
a)the said sum of £4,452.00
b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to date of issue, accuring at a daily rate of £0.976, but limited to one year , being £356.16
c) Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?
NO
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?
NO

 

 

Did you inform the claimant of your change of address? NO ... still at the same address

 

What is the total value of the claim?

£5073.16

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?
LOAN OLD PROVIDENT ACCOUNT

 

When did you enter into the original agreement before or after April 2007 ?
CREDIT FILE START DATE : 12/10/2012

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?
YES / NOODLE

 

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.
not the original creditor no LOWELL BROUGH THE ACCOUNT ON 29/08/2014 FROM PROVIDENT

 

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

 

Did you receive a Default Notice from the original creditor? NOT SURE

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?
NO nothing
 

Why did you cease payments?
DISAGREEMENT WITH THE AGENT

 

What was the date of your last payment?
UNSURE BUT I BELIEVE 2012

 

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 management plan?
NO

thanks Nibbles

 

[AndyOrch]

Perfick......now refer back to the link and get a CPR /CCA requests running

If you have not already set up your user name to use the online facility (MCOL) to deal with this claim..instructions are contained within the response pack.

 

Andy

[Nibbles83]

thanks for the reply Andy ,

i went back to the link but maybe im missing something but i dont see CPR/CCA ? also what is (MCOL)

Nibbles .

[AndyOrch]

MCOL Money Claim Online...the Gov Portal for electronic court claims

CCA/CPR is on the link..." What you need to do now " after the above Q,s

 

[Nibbles83]

thanks for the reply Andy ,

i clicked on the links under what to do now .... takes me to "the page you request does not exist "

as for the MCOL yeah i worked it out . ive registered and logged in but i have no idea how to use the password the court sent me as i had to register for an account .

 

Thanks Nibbles

[AndyOrch]

Apologies we still have some gremlins to rectify on the new look forum

 

[Nibbles83]

Thanks Andy and no problem i thought it was me to be fair lol

ok i got on to MCOL now on there do i do  the Acknowledgment of Service and start my defence ? giving me time to right to the claiment ?

Thanks Nibbles

[AndyOrch]

No...its all explained in the above link if you keep reading......you have 19 days from and including the date on the claim to acknowledge service and if defending you have a further 14 days to submit your defence.....so 33 days in total....no rush to do anything yet.

Keep your username and password safe.

[Nibbles83]

Thanks Andy ,

ok will start by getting the CCA/CPR done

Thanks Nibbles

[dx100uk]

Send Provi an Sar

Ask for everything plus the agents accounts book

Sounds like as with all these doorstep loan Lowell claims statute barred...

[Nibbles83]

hey DX100UK ,

it was getting to me because i knew i hadnt had anything from provident in years .

to be honest im not sure if ive even had anything from lowell before now .

tho saying that i normally guess at envelopes that come through the door and tend not to open them ,

but as to this debt ive had no contact nor i have agreed to pay anthing to either company .

provident did actually send to a DCA - wescot they did actually send me a letter which i never responded to which today i have found . but i did find the last letter i had from provident .

ive uploaded it for you to see .

do i still need to SAR provident ?

thanks Nibbles

& here is the letter from Wescot im not sure if i had any before this but its the only one ive come across .

& ive been through all the boxes stored in the cupboard lol took me all day to

thanks Guys

Nibbles

 

[dx100uk]

 

thread title updated for clarity

statute barred then as with all the others Lowell have tried to get CCJ's on.

[Nibbles83]

ok guys i wanted to add this before i finish print and send

CCA is to be sent to there solicitors and lowel them selfs and the CRP is to be sent to both also ??

 

and is this correct of what i need to send ?

[[REMOVED - dx}

 

thanks Nibbles

 

And this is the CRP correct ? that is sent to their solicitors ? just wanna get it right first time . if ive done anything wrong please let me know .

thanks again guys Nibbles .

 

[REMOVED -DX]

[dx100uk]

what does it say at the top of the template?

[Nibbles83]

dx100uk my bad i shouldnt have posted it here .

yes i did and yes i now know which to send to which thanks again for helping .

 

( sorry i have to read and re read things serval times before it sinks in )

Nibbles .

[Nibbles83]

hi guys , think i made a bulls up

both CCA AND CRP gone off today . ive also did the acknowledgement followed through to the end ...so its ready for the next step.

but i think  as well as clicking "i intend to defend all of this claim" i think i also clicked "i intend to contest jurisdiciton " does that make a difference ??

 

thanks Nibbles .

 

[dx100uk]

shouldn't hurt you they are used to litigants in person making silly errors

[Nibbles83]

Thanks dx100uk Was / AM panicing now incase that errror bites me on the backside lol

 

Nibbles.

[AndyOrch]

 I assume you have submitted a plea to defend in full ...you cant contest jurisdiction if you are defending the claim 

[Nibbles83]

hey Andy

 

yes i clicked " i intend to denfend all of this claim "

but i did also click " i intend to contest jurisdiction "

oh well lol

 

..... so now i await the responses from lowell and there sols before entering my defence ect .

 

Nibbles .

[dx100uk]

NO YOU DO NOT WAIT!!

you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[Nibbles83]

hey dx100uk ok noted ,

ok so my defence is, its statue barred.

as last payment was in dec 2012

and i had no contact with the original lender since then , and never had any contact with Lowells since they brought the account in 2014 .

do i just state the above as my defence ?

 

thanks Nibbles

 

 

[dx100uk]

if you are 1000% sure its sb'd

 

then you can go file this now

no need to wait

 

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..