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

[dx100uk]

this might help

 

don't worry about mcol for now

[Nibbles83]

Thanks dx100uk ,

 

its muchly appreciated , and thank you for the help .

im also sorry that i keep asking for help .... my fibro is off and pain limits are through the roof .

 

Nibbles .

[dx100uk]

 

 

post 104 is the one to use but ofcourse adapt to you circs.

 

dx

 

[Nibbles83]

hello guys ,

dx100uk thank you for the link above i will give it a read through and sorry for the late reply .

i haven't been around much due to having a heart attack just over a week ago . so i do have a lot to deal with at the moment .

im still awaiting the court date to come through its only been 4 weeks since they transferred it im guessing it should/ could be some time soon .

i have noticed though that the above debt is no longer on my credit file ......

i do hope everyone is well

Nibbles .

[dx100uk]

sorry to hear that nibbles

take it easy

this is the least of your worries.

 

[Nibbles83]

Hello Guys,

do hope you all are well ?

had a letter from the court today ive attached it for you to see.

one is assuming that at this moment i don't have to do anything ?

does anyone know what will happen next ?

tho i think lowell is still going with the "its not SB" crap.

i also doubled checked my credit report & yes the default isnt on  there now . not sure if its dropped off or they have removed it .

I have made a start on my witness statement , hoping to try & get it done & finished but just so tired & out of it on my med as of late, so its been a bit tricky trying to get it done ready .

am I  right in thinking my witness statement is just straight forward with it being SB or do you think i need to add anything ?

i do apologise guys if i have or do repeat myself just since the heart attack everything is still fuzzy & finding it hard to concentrate .

 

Thanks Guys

Nibbles

 

 

 

 

2019-05-15 Court GFoJo lowell shall reply to defence by 2019-06-07.pdf

[AndyOrch]

See if they comply by the 7th June...if not check with the court and inform them same.

 

Andy

[Nibbles83]

Hello Andy,

today i have received their reply to my SB defence .

at present i am a little upset and in pain and very tearful & exhausted.

i did start my witness statement but now im not so sure as i was going with a straight forward SB statement . but now my guessing is i have to rebut all their claim. ?

which as of now i dont think i can do . im no good with this sort of thing and to be truthful im struggling with it . even though i have looked at others that have been linked here to help me , i just dont seem to be registering it .

again they say the OC let the time of the agreement run its full term before acting upon it, therefore no default noticed was issued . tho i found my default notice thats a lie.

( or am i reading it wrong )

now that they have complied with the court what happens next ?

im trying to stay stress free because of my heart but these guys aint making it easy at all . i feel im losing my fighting spirit maybe because of everything that has happened over the last 4 weeks .

I've added the pdf for you to see and ill add the start of my witness statement to to see if im going in the right direction .

i just wanted to say also that i do really appreciate all the replies from you and dx100uk it hasnt gone un noticed.

Thanks Heaps Nibbles .

 

 

WITNESS STATEMENT  

Re: LOWELL PORTFOLIO LTD  v XXXXXXXXX Case No:XXXXXXXX
REF:XXXXXXXX

 

I XXXXXXXXXR write the following statement in regards to :
The case / claim no: XXXXXXXX /XXXXXXXX

My first understanding  of the case : XXXXXXXX Was when i received the claim forms from NORTHAMPTON COUNTY COURT BUSINESS CENTER .
My understanding of the case is that LOWELL PORTFOLIO LTD Have brought this case via their solicitors, for the amount of £5073.16 the said amount also includes solicitors fees.

MY WITNESS STATEMENT :
The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

The Claimant's claim was issued on 05/03/2019

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.

The Claimant's claim to be entitled to payment of £5073.16  or any other sum, or relief of any kind is denied.

Last payment made on the orginal account ( provident ) was 18/12/2012.
Default notice ON  orginal account was then entered on the 01/03/2013

since it is more then 6 years ago,  it is my understanding that the alleged debt has now become STATUE BARRED.

information from the county court claim is that lowell brought the account from provident on 29/08/2014, & notice given to the defendant.

that being said i have no knowledge of this nor have i had contact or have i had any acknowledgement of this claim .

On the 9th/03/2019 i sent a "cpr 31" request to lowell solicitors to disclose a verified and legible copy of each of the following :

 

• the agreement.
• notice of assignment.
• the default notice.
• statement of account .

 

the letter was signed for on the 15/03/2019 time : 09:06am .

lowell solicitors are still today yet to respond to said request.

on the 09/03/2019 a CCA request was sent to LOWELL PORTFOLIO LTD, this request was signed for on the 15/03/2019 time : 07:14 am by LOWELL .

I then received a response from Lowell solicitors regarding the CCA with a photo copy of an alleged agreement with no terms & conditions .

I have requested them several times since the first request with a non response.

THIS is as far as ive gotten with the witness statement .

Thanks Nibbles .

 

2019-05-29 Lowell Sols - reply to Defence Statement.pdf

[dx100uk]

usual meaningless twaddle WS they sent out for SB defence claims

almost word for word like the others here.

you say you now have the DN?

so what date was it issues on

and what date did they give you to rectify the error by?

 

 

[Nibbles83]

Hello Dx100uk ,

thank you so much for replying ,

yes i found it in a cupboard deep within paper work , I've reattached the DN for you to see again .

and what date did they give you to rectify the error by?  would that be 17/03/13?

Thanks Nibbles .

 

2013-03-01 Provident DN.pdf

[dx100uk]

ISSUE DATE of claimform - 05/03/2019

DN rectification date - 17-03-2013

 

SO if Lowell want to be clever that's [just] within 6yrs

if we even wish to pay attention to a recent appeals court ruling that doesn't appear to have effected any court claim to date.

and

ofcourse there is always the fact that the OC might not have issued the DN in a timely manner in the 1st place.

 

when was the last payment save me looking?
 

[Nibbles83]

hey dx100uk

 

last payment was 18/12/2012 .

 

also this debt is no longer on my credit file .

i have print outs of it on the 09/03/2019 it was on there and when i checked again on the 17/05/2019 its gone .

 

so has it dropped off or has it been removed ?

 

also they seem to think a DN wasnt issued and the OC waited till the agreement ran its full length or am i reading it wrong in their response?

 

Thanks nibbles

 

 

 

Edited May 31, 2019 by Nibbles83

[AndyOrch]

17th March 2013 is the cause of action...the date the DN expires

 

Last payment 18th Dec 2012....6 years 6 months.

 

According to their statement it will not be statute barred until 21st Nov 2020...so 3rd Oct 2013 ...mmm thats 6 years 11 months ?

[Nibbles83]

hello Andy ,

 

im so confused to how or what they seem to think

 

but my understand is this from their letters :::

the OC let the agreement run its full terms at 110weeks before acting upon it

 

Lowells are saying as NO DN was issued and provident let it run the term of the agreement that would be 21 nov 2014 which is why lowells are saying it doesnt become SB until 21/11/2020.

 

now how can provident let it run its term when they sold it to Lowells on 28/08/2014 .

 

am i missing something here or not as im just as confused as you guys .

 

Nibbles

[dx100uk]

simple ans ..lowells are lying to confuse the judge with legal twaddle

 

the debt is clearly statute barred 

 

.mmm thats 6 years 11 months ?

 

 

[Nibbles83]

Hey guys thanks for replying ,

haven't had a cigarette since my heart attack 27 days and counting but these lot are really trying my nerves for it !!

i am right its SB ?

only took them 11 weeks to reply to my SB defence and they only did because my local court told them to !!

how are they allowed to get away with this stuff ?

i got a feeling that with their lies they will win !!

Andy is their any possible chance you could help me with my witness statement or reply to their response at rebutting their claims ??

but if you haven't the time i understand .

Nibbles .

 

 

[dx100uk]

andy has a nice WS already written to counter this 

stop worrying

they will NOT ever win.

 

you've not got a hearing date yet have you?

 

[Nibbles83]

hey Dx ,

 

no not yet i have'nt .

im sorry for worrying, i dont usally ,

 

Nibbles .

[dx100uk]

hey no sweat.

let see where this goes.

no rush yet then.

[AndyOrch]

No we are not  confused Nibbles we deal with this lot constantly ...the loan could never run its term because you have a Default Notice dated 1st March 2013....which allows 14 days for you to correct the breach by the 17th March 2013....they dont know you have that...they dont have it.

 

They confirm in their point 20 that you did default and it was terminated....

Point 19 refers to a cause of action dated 3rd Oct 2013 which is incorrect the cause of action is 17th March 2013

 

Now they issued the claim on 5th March 2019 so they are correct in fact its 13 days short of being statute barred.... in essence your last payment was 18/12/2012 ... they only issued the Default Notice 1st March 2013....some 2 months later.

 

Hope that clarifies the position

 

Andy

 

 

[Nibbles83]

hello Andy , Thanks for the reply ,

 

so its not SB ?

 

where do i go from here ? what do i do now ?

 

thanks Nibbles.

[AndyOrch]

What date must you submit your statement Nibbles ?

[Nibbles83]

Hey Andy,

i dont know to be honest the last letter i got from the court  is attached for you to see .

im guessing now that lowell has done what was asked of them i will hear from the court again .

im not sure what to do now . i really thought it was SB .

to be honest i really cant afford to pay it even if i was ordered to,  im on benefits dues to long term medical conditions .

now my anxiety is raising too im trying not to panic but its hard not to .

thank you again for replying and helping Andy

Nibbles .

 

2019-05-22 GFoJoO defendant must file defence by 2020-06-07.pdf

[AndyOrch]

Okay so you have yet to receive the N157 Notice of Allocation which contains the court directions.....their statement is in response to the above order.

 

Try to remain calm...its really counterproductive to get worked up over these matters......you still have a few alternative arguments yet.

Wait now until you hear from the court and how they respond to the above and if they wish to progress the claim further by way of allocation.

 

Bottom line keep calm...even if you lose its no big deal......£1 a month and a CCJ on your CRAs for 6 years...you will survive.

 

Andy 

[Nibbles83]

it was transfered to my own court on the 17th April .

Allocation ??

is that from my own court ?

that last court letter was from my own court thats where they transfered it to .

 

i know and im trying not to get worked up .

 

i just really do thank you both for the help .

 

Nibbles .