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

[AndyOrch]

2 hours ago, Nibbles83 said:

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 .

 

Not quite...the default notice would allow 14 days to rectify the breach...so 15th March or thereabouts

 

Andy

[Nibbles83]

hey Andy

still SB Correct ? as that date has still passed

Thanks Dodgeball will have a read through soon

[dx100uk]

9 hours ago, Nibbles83 said:

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 , so i now know for 1000000000% its SB .

 

so i dont understand why lowells have filed court papaers .

 

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 . so a waiting game i guess

 

Thanks again guys for all your help .

 

Thanks Nibbles

 

 

 

 

all DCA's file speculative claims. some 750'000 a year

hoping for a non defended default rubberstamped judgement where no human checks anything.

85% of these claims result in the above.

[Nibbles83]

Hey Guys

only little update i have for now is that on MCOL ,

The court have today issued the DQ 

just need to wait for that, i can decline their very nice offer to mediate .

Nibbles

claim status ..
A claim was issued against you on 05/ 03/ 2019
Your acknowledgment of service was submitted on 12/ 03/ 2019 at 14:50:44
Your acknowledgment of service was received on 12/ 03/ 2019 at 16:02:11
Your defence was submitted on 13/ 03/ 2019 at 00:58:02
Your defence was received on 13/ 03/ 2019 at 08:02:18
DQ sent to you on 03/ 04/ 2019
DQ filed by claimant on 03/ 04/ 2019 ,

now that its showing on the MCOL for the DQ do i have to wait as i remember i printed 3 copies off ready for when this was to arrive ?

also im not sure which boxes i should or shouldn't be ticking any help would be appreciated .

Thanks Nibbles .

[dx100uk]

no to mediation

1 wit you 

the rest is obv.

[Nibbles83]

Hey dx100uk, 

Thank you for replying ... ok i know i need to double check for my self ,

on the form :

c1 : do you adree that the small claims track is the appropriate track for this case ? yes / no ?

if no please state why : ?

 

also i know i sign the courts one but do i also need to sign the one i send to lowells solicitors ? 

 

Thanks Nibbles

 

 

[dx100uk]

yes

you can leave off sig/phone/email on lowells copy

[Nibbles83]

Hey Thanks dx100uk ,

they all nicely ready for posting in the morning

 

 

Nibbles

[Nibbles83]

Hey Guys ,

Just to doible check when sending a SAR do we sign it or not ?

 

Thanks

Nibbles

[AndyOrch]

Why are you send a DSAR and who to ?

[Nibbles83]

hey Andy ,

how have you been ?

SAR to

halifax:

lloyds:

oakham:

 

 

Thanks

Nibbles

[dx100uk]

read what the sar link and all its posts say....

but these are nothing to do with this claim so shouldn't be posting it here.

 

 

dx

[Nibbles83]

hey dx100uk ,

hope you are well ,

 

yes i know its why i just asked the question but was just replying to Andy .

 

i did and thanks again guys thought i had booked mark it but hadnt but have now .

Thanks Nibbles

[AndyOrch]

Im good. Nibbles in rude health and trust you are also...but dont clutter your thread with DSARS and unrelated matters.

 

Regards

 

Andy

[Nibbles83]

Afternoon My Friends

today Lowell solictors have written

ive uploaded the pdf for you guys .

Is it my understanding that on the customer details sheet they have in a little box "Annual statement last sent " 30/06/2013 which i know that date is when they registered it with my credit file ( its the same date ) . 

yet no default notice entry to any paper work .

yet i know the OC sent the default notice on the 01/03/2013 .

but when i SAR the OC & They sent back paper work with yes you guessed it no default notice no annual statments ect ect ...…

. i think they think i dont have the default notice .

01/03/2013 to 15/03/2019 give or take a few days to my calculation is 6 years SB

but .... from the letter they say that the OC let it run the fix term agreement before selling and there fore it is not SB .... ( got to give them points for this im sure ) ..... not sure how that works when the OC sold it to Lowells on the 29/08/2014 .

again they have offered me a tomlin order .... yeah because im silly enough to enter in to that with you over what i believe is a SB debt .

i sent the DQ back to the court they signed for it on the 8/03/2019

am i right in thinking they're saying because there is no default notice (they think) that it runs from the 21/11/2014 ?

 i know not to reply to the tomlin order .

Thanks Guys

Nibbles 

 

2019-04-09 Lowell sols Another begging letter.pdf

[dx100uk]

god..how many more times are they going trot out that twaddle.

[Nibbles83]

latest update on MCOL is .....

Your claim was transferred to XXXXXXX on 17/04/2019

im guessing ill have to wait for the courts to send me the paper work now .

i was wondering if dx100uk or Andy would help me write out my defence for court .

hope everyone is well

Nibbles .

[dx100uk]

you've already filed your defence...

[Nibbles83]

Hey dx100uk,

how have you been ?

yes on mcol i entered my defence as::

1) The Claimant's claim was issued on 5/03/2019.

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 £5073.16 or
any other sum, or relief of any kind is denied.

 

i dont need to add anything ?

even though lowell only sent through their "solicitor" a copy of the CCA and nothing else i requested ?

no default notice ,(even though i have the one from 2013 from the OC) no action before court letters ect ect .

 

just dont want to roll up in court without anything i need as im not sure how court works for this kind of thing being it my first time to reach this point .

 

thanks Nibbles .

 

 

[dx100uk]

we know that

but you have wrongly stated 

i was wondering if dx100uk or Andy would help me write out my defence for court .

you next step is your WITNESS STATEMENT.

you really should be reading up in the down periods between stages

so you know what to do next

you haven't a court date yet?? so don't know when its due

await the courts directions

but there is no harm in your researching what you witness statement might need to contain

use the google custom search top right

claimform witness statement loan

or 

claimform witness statement provident loan

[Peterbard]

I feel you should be made aware of this ruling, I am unsure whyyou have not been already.

 

 

 

 

[Nibbles83]

thanks dx100uk , i did mean witness statement .

i am at present in a lot of pain please bare with me .

no no court date yet so ill will await it .

i will and am searching for examples to help me and ill keep searching its just how to word my witness statement that i think ill need help with .

Dodgeball :  you did  post it already . i also asked you if it went from default date and not last payment date . im a little confused by your post .

thanks Nibbles .

[Peterbard]

The cause of action date now corresponds with the DN date plus 14 days.

This must be held in mind whenever our dealing with SB issues, So do you know exactly when the default was issued.

The date would have to be before any assignment to a debt collector.

Further, no one seems to have told you why the letter sent to you was incorrect, it seems pretty reasonable to me.

They could not issue a default so they waited for the agreement to terminate itself, and then preceded, what's wrong with that?

 

[Nibbles83]

no they didnt wait  for the agreement to terminate , agreement would of terminated nov 2014 provident sold it august 2014 .

default notice is dated 1st march 2013  ( i found the default notice . )

which has been stated a number of times .

[Nibbles83]

hey guys ,

still awaiting to hear from the court , ...

 

is there something wrong with the MCOL site as ive been  trying to login for a couple of days now and it tells me password is incorrect ?

 

also i did as dx100uk said and started looking at the claimform witness statement provident loan  ect ect but i cant find anything to help me write up my own as i wanted to get this in order before i hear from the court for the court date .

 

im stuggling to word it i guess , and being in a lot of pain isnt helping me focus at present maybe ive missed something in the forum but i cant see anything that can help me .

 

anyway hope everyone is well

Thanks

Nibbles .