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

[AndyOrch]

Hi Nibbles

 

The court will send you your N180 to complete and serve by the dates stated.Check MCOL to the status of the claim to make sure Lowells have in fact submitted their DQ and the status is reading the same.

 

The fact you have submitted a SB defence really dispenses with the need to enter into meditation as there is  or shouldn't be anything to mediate over.

 

Here is the DQ to complete on screen when you receive notification from the court to submit it.

 

Looks far more professional than hand written and you can run 3 copies off when completed.

 

Andy

[Nibbles83]

Hey Andy , thanks for the reply

 

ive been checking MCOL but it only seems to have what i have summited on there,  see attachment . they sent me a copy of what they said they have sent to the court .

Thanks Nibbles

[AndyOrch]

Well wait until the court advise that lowell do wish to proceed and they send you a blank DQ...in the meantime you could complete the above and be ahead of the game.

[Nibbles83]

Thanks Andy ,

yeah think i will do that .

Funny thing is i was here a few years back looking through posts in regards to lowell and followed the SB way and they did in the end close those accounts one being a mobile account and another being a cataloge account . once i challenged them on it .

not sure how far they think they will get with this one .

makes me wonder if they just playing a game of lets see if they will pay or they are just plain stupid .

i did also CCA Lowell still awaiting a reply

CRP Lowell solicitors still awaiting a reply .

Provident have said to deal with my request that they need me to prove my identity .

their letter came today from there made up department LOL . either way i responded and sent mail recorded signed for .

last but not least starting to organise my self with files for each of these

tho my pain levels are through the roof sitting at a computer to write these people  

Thanks Nibbles

Sorry Andy ,forgot to add ... print 3 copies fill them in and send one to the court ? one for my self and once to lowell solicitors?

 

Thanks Nibbles .

[AndyOrch]

Yes but only when the court advises so

[Nibbles83]

Thanks Andy,

 

Nibbles.

[Nibbles83]

So seems Lowell solicitors really like to send me mail as of late .

 

here whats in the post today guys .....

 

your inport please guys ?

 

Thanks Nibbles

 

 

 

2019-03-21 Lowell Sols Begging letter - please signTomlin enc..pdf

[dx100uk]

I wish you'd do as we ask in upload and use pdf so we are not forced to download images we cant zoom.

 

anyway they are not correct

to litigate a default notice must have been issued.

 

dx

[Nibbles83]

Hey dx100uk ,

 

sorry my bad note taken and will do from now on .

 

Clearly im not entering into this tomlin order  with them . 

 

just wondering how best to respond to it ?

 

Thanks Nibbles

 

 

[dx100uk]

you dont

 

[Nibbles83]

Thanks dx100uk ,

will file it .

Nibbles

[Nibbles83]

Hey Guys .... so Update is :

sent lowells solicitors a CPR asking for :

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2: Notice of Assignment*
3: The Default Notice*
4: Statement of Account*

they refer to my letter dated 03/03/2019 though that date is incorrect as my first letter sent was 09/03/2019 (CPR) maybe a miss print of the date

as you can see they sent me back this received today 28/03/2019: please see attached files .... dx100uk i hope ive done it correctly and sent as a PDF .

what happened to everything  i requested from them ?? maybe still searching for it ??

as i did request a CCA from lowells as this was sent to lowells directly and not their solicitors.

one is assuming that they just got their solicitor to send it .

also they are so keen for me to reach a resolution in regards to paying to avoid anymore legal action .... though my understand it is SB.

 

NEXT PROVIDENT ...

got the sar back ....

as first thought i hadnt had contact with them in regards to this .

*NOTES ON THE ACCOUNT *

CONTACT CENTER : 03/09/2010 NOTES: LOCAL OFFICE NUMBER GIVEN .

CONTACT CENTER 09/03/2019 NOTES :

Customors account W/O.

t.ref : **********

Account held with lowell in 2014 provided number , £4452.00 customer is wanting last payment date : customer wanting the information over the phone and advised that could be assigned to correct department to send statement out . customer asked to speak with a manager : told as its saturday no one is available.

 

CONTACT CENTER 21/03/2019 NOTES :

Customer has called for an update on her letter which was sent by recorded delivery to see if it had come through . advised by GDPR Team it has not yet come .

 

so last payment 18/12/2012

no response from me to provident  until i received lowell court papers, i rang them to see when last payment was made 09/03/2019.

thoughts and import please guys .

Thanks Nibbles

 

2017-03-17 here's the CCA - wanna Compromise.pdf

[dx100uk]

nothing to do see post 57

as for the sar...

does it confirm your last payment?

 

[Nibbles83]

Hey dx100uk ,

 i've uploaded their agreement historic data that is in there for the said account.

I've also noticed going through it that there is::

 

NO ANNUAL STATEMENTS

NO DEFAULT NOTICE

NO NOTICE OF ASSIGNMENT

 

.......

 

2019-03-27 provident sar.pdf

[dx100uk]

+£2200 in charges 

and confirmed statute barred

bye lowells!

 

 

[Nibbles83]

Thanks dx100uk ,

 

knew it was but also nice when someone also confirms it LOL

 

so now .... just don't respond to them and await the next court instructions ??

 

& dx100uk total charges was £2520

 

Thanks Nibbles

 

 

 

 

Edited March 28, 2019 by Nibbles83

[Peterbard]

Hi

 

There was a high court case A couple of months ago which held that the cause of action(start of the six year period) starts only after a default notice is issued and not any earlier.

This MAY be the reason many cases are being re-examined  by creditors, particularly those whose accounts were closed a long time before it was eventually defaulted by virtue of a section 87 default note.

 

I have the judgement on one of my previous threads.

[Nibbles83]

Hi Dodgeball,

 

so are you saying it doesnt go from the last payment it goes from the date they ( OC / Provident ) send you the default notice ?

 

could you also link me to your thread please so i can have a read .

 

Thanks Nibbles .

 

 

[dx100uk]

Possibly..but dont get too confused by reading it

[Nibbles83]

ok ... so for say if the default notice was dated say hmmm   ..... the 1st march 2013 that would mean it became SB march this year ?

 

Thanks Nibbles .

[dx100uk]

Yes

[Nibbles83]

Ok thanks guys,

well still going with the SB DEFNCE then

even though provident sent their paper work for my request and like i said in my earlier post it didnt include :

NO ANNUAL STATEMENTS

NO DEFAULT NOTICE

lucky for me i found these tucked away with old paper work .

also Lowell filed court papers on the 5/03/2019 so they where a few days out !

 

thanks Nibbles

 

 

2013-03-01 Provident DN.pdf

[dx100uk]

All  paperwork is immaterial if the debt is 1000% Sb'd

[Nibbles83]

dx100uk,

i understand but the point is for me to know on either last payment or default notice both have passed the 6 year limit .

i just had the impression when i got the paper work back from Provident that it wasn't all there and there fore lucky for me to find that paper work in the cupboard with all the junk , i now know for 1000000000% its SB .

i dont understand why lowells have filed court papers .

Ooh well i guess i just have to wait and hear from the court now .

been checking MCOL & Lowells havn't added anything on their . a waiting game i guess

Thanks again guys for all your help .

Thanks Nibbles

[Peterbard]

Sorry for the delay it is here: (its not that complicated, you got it in one.)