Lowell Claimform - Old Provi Doorstep Loan

[Lady Python]

Just got in a Court Summons today from Lowells.

 

What it actually says is

Claim Form in the County Court Business Centre, Northampton.

I live over 100 miles away from there so doubtful if I could appear in person.

 

The debt in question is a Provident loan dating back to around 2008 or 2009.

At that time we were having severe financial difficulties,

my then husband's job was commission based and making ends meet were hard.

 

He has since died and left us penniless, save for two very small pensions.

My adult son has been in and out of hospital like a yo-yo as he has been a renal patient since the age of 15,

spent 7 years on dialysis,

got transplanted which lasted 6 years and has been back on dialysis for coming up for 2 years again

 

This year I have lost count the number of procedures he's had and the numerous spells in hospital.

To cap it all, I lost my job a month ago through no fault of my own (that's in the hands of the Union solicitor).

 

During the difficult time,

our regular agent stopped working for Provident and we got a different agent.

 

I had a small amount of arrears on the account which I cleared.

I asked the new agent if it was possible for her to come on a different day.

She agreed - then never came back.

To this day I have never seen anyone from Provident again.

 

They started sending threatening letters,

then it was passed first to one DCA,

then another and another and finally Lowells.

 

All went quiet with them for a while then they started up again.

I have also been getting strange phonecalls both on my mobile phone and the house phone

(the house phone is ex-directory and I know who has my house number).

 

I have had no contact whatsoever with any of these DCAs.

I have not answered one of their letters which vary in degrees of threats and "if you pay half the amount..." blah-blah.

 

So, now they have decided to take me to Court. I have 28 days to respond.

 

What's the best way of dealing with this?

 

Also,

today I have received a letter from Ruthbridge chasing me for a credit card debt (Barclaycard) going back to well before 2004.

It would seem that Cabot have passed that one on to them.

 

 

I did have PPI on that but it was refused on the spurious grounds of my being in temporary employment at the time.

They knew this but were quite happy to sell me the PPI but unwilling to honour it.

My attitude to that was, you've rescinded on the PPI so you can sing for your money.

It was a small debt - only £450.

 

My credit rating can't be that bad as I now have two credit cards.

The limit on one was just recently increased although I am very, very careful with them.

 

It never rains but it pours and why do these ghastly companies ALWAYS do things like this just before Christmas.

We are going to have yet another lousy Christmas this year as I'm not working at the moment (very few jobs where I live).

It's like they know you're down and have to have a good kicking at you

[Guest]

to start, answer this re the claim form.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

do a separate thread re the other matter

[Bazooka Boo]

When did you last pay anything to either of these accounts?

 

If more than six years ago then they will be SB, and lowlifes can 'sing' for their ill gotten gains!

 

Just because the claim form has come from Northampton, doesn't mean that is where you would have to go to to defend.

 

Once you have told them that you're defending, then they have to move it to a court near you.

[dx100uk]

lowells will never get anywhere with a provi doorstep loan claim

they've simply done it hoping for a default rubberstamped non defended judgement

their computer system probable never even clocked it was a doorstep loan.

once a human sees what the claim is about, I bet they'll drop it like a hot stone

or simply lets it get stayed.

 

get that link done please

 

as for ruttles,. simply ignore them.

[fletch70]

Just for a bit of encouragement, I had some provident loans sold to Lowell. When i did a CCA request they came back with incomplete versions ( there was nothing for the 'overleaf' part. When this was pointed out to them they returned the account to provident, that was 18 months ago and the last I have heard - touch wood.

 

So as said, get the acknowledgement and cca requests done asap and make sure you follow the timelines to the letter

[Lady Python]

When did you last pay anything to either of these accounts?

 

If more than six years ago then they will be SB, and lowlifes can 'sing' for their ill gotten gains!

 

Just because the claim form has come from Northampton, doesn't mean that is where you would have to go to to defend.

 

Once you have told them that you're defending, then they have to move it to a court near you.

 

If memory serves me right, it would have been 2009 - 2010 at the latest.

 

As for the Barclaycard it was around 2003/2004. It was just before my late husband had his first major heart-attack, which was 2004. Quite sure it was at the end of 2003 as I'd got a temp to perm job which turned out to be temp only. The agency I temped for at that time said it was a temp to perm job. The company said they only employed me to clear the backlog before Christmas. They got rid of me 3 days before Christmas. I've never temped through that particular agency since.

 

I tried claiming on the PPI but was turned down flat by (still remember it) a young, rather snotty chap on the end of the phone. My attitude to it was "then sing for it".

 

Never heard a thing until last year when I started getting DCAs letters in - which were ignored as I knew it was SB.

 

To DX100UK Lowells are the pits though. Chancers through and through. Sorry to tell them, I will be defending it.

[Guest]

have you done that link in #2 as asked.

[Lady Python]

Name of the Claimant ? Lowell Portfolio I Ltd

Date of issue – 10 Nov 2016

What is the claim for –

 

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Provident Personal Credit Limtied under account reference XXXXX ('the Agreement').

 

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

 

3) The Agreement was later assigned to the Claimant on 29/08/2014 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £1,520.00 remains due and outstanding.

 

And the Claimant claims

 

a) The said sum of £1,520.00

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.333 but limited to one year, being £121.60

c) Costs

What is the value of the claim? £1826.60

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Provident Doorstep Loan

 

When did you enter into the original agreement before or after 2007? After 2007

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. Lowell

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

First I knew it had been assigned (sold) was when letters started coming in from various DCAs.

 

Did you receive a Default Notice from the original creditor? Not that I can remember, just a few letters saying I'd missed payments.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No. Only payment due/outstanding letters.

Why did you cease payments? Was going through a very bad patch financially and emotionally - serious illness in family resulting in the death of my husband. My late husband had also been self-employed so getting any benefits were extremely difficult. For several months we had no income at all except his two very small pensions.

What was the date of your last payment? Approx summer 2010.

Was there a dispute with the original creditor that remains unresolved? Yes. Provident agent stopped coming.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. Only agreed to pay a little extra with the Agent as it was only a small sum outstanding at the time. Provident's Agent stopped coming.

[Lady Python]

Hope I did this correctly. If I've missed anything, please let me know.

[dx100uk]

particulars of claim please

[dx100uk]

forget that browser error this way

 

 

dx

[dx100uk]

go ring provident tomorrow

get the date of the last payment made

 

 

if it was more than 6yrs before the date on the claimform

then its statute barred

and we can easily kill it with the SB defence.

 

 

dx

[AndyOrch]

Thread moved to Financial Legal Issues

 

Andy

[Lady Python]

go ring provident tomorrow

get the date of the last payment made

 

 

if it was more than 6yrs before the date on the claimform

then its statute barred

and we can easily kill it with the SB defence.

 

 

dx

 

OK. Will ring them in the morning. Will let you know.

[Lady Python]

Phoned Provident. I also recorded the call.

 

They couldn't find a record of my account to start with so the lady I spoke to went and spoke with their Collections Dept. She said they couldn't tell me when the last payment was made and I would have to speak to Lowells.

 

She did try very hard to get my phone numbers (I withheld my number) which I politely but firmly refused to give her.

 

She did tell me that they'd sold the debt to Lowells on the 3rd September 2014.

 

Funny that. They sold it on to DCAs long before that. While digging for the original agreement in some old correspondence last night, I found a letter from Moorcroft dated 9.10.12. I'm sure I can find more from various DCAs before it was finally passed to Lowells.

 

I was also quite interested to note that the reference number I have does not match anything Provident has.

 

So, to find out when the last payment was received, I'd have to phone Lowells which, of course, I would be very reluctant to do given the very negative posts on this particular DCA.

 

What next please?

[Bazooka Boo]

Ignore lowlifes.

 

The ref number will differ from that of the Leeds losers, because they use their own, just to confuse matters further!

 

They won't have any details regarding your last payment either, only Provi will know this, DCA's don't get any info regarding the debt, less for the amount, OC, and amount they want to claim to put in their profit pocket.

 

The only way would be to SAR Provident (£10) IF you feel there is any legs in dealing with this?

I don't understand why she couldn't find your account, yet knew exactly when they flogged it to Lowlifes?

[Lady Python]

Phoned Provident. I also recorded the call.

 

They couldn't find a record of my account to start with so the lady I spoke to went and spoke with their Collections Dept. She said they couldn't tell me when the last payment was made and I would have to speak to Lowells.

 

She did try very hard to get my phone numbers (I withheld my number) which I politely but firmly refused to give her.

 

She did tell me that they'd sold the debt to Lowells on the 3rd September 2014.

 

Funny that. They sold it on to DCAs long before that. While digging for the original agreement in some old correspondence last night, I found a letter from Moorcroft dated 9.10.12. I'm sure I can find more from various DCAs before it was finally passed to Lowells.

 

I was also quite interested to note that the reference number I have does not match anything Provident has.

 

So, to find out when the last payment was received, I'd have to phone Lowells which, of course, I would be very reluctant to do given the very negative posts on this particular DCA.

 

What next please?

 

She was the phone monkey.

She had to contact their Collections Dept

- that's (supposedly) who told her when the debt had been sold to Lowells.

 

 

Given that it was sold on long before that to Moorcroft, and bounced around several DCAs before ending up with Lowells I get the distinct feeling Provi fobbed me off today.

 

 

They probably know the debt is SB and probably think I'd be dumb enough to phone Lowlife.

I may well have to SAR them but Lowells are taking me to Court

- Claim Form dated 10th November 2016 so I'm not sure how long I have to lodge a defence.

[Bazooka Boo]

https://www.nationaldebtline.org/EW/factsheets/Pages/replyingtoacountycourtclaim/replyingtoaccj.aspx

[Lady Python]

https://www.nationaldebtline.org/EW/factsheets/Pages/replyingtoacountycourtclaim/replyingtoaccj.aspx

 

Sorry. I completely messed up my previous reply. Meant to quote you, not me then my modem threw a hissyfit again. Had to reboot it.

 

My defence would be that Lowells claim is Statute Barred but I need to know when the last payment to Provi itself was made. My son thinks it was in 2009, the summer of 2010 at the latest.

 

I don't want to phone Lowells for obvious reasons - they're devious. I had a quick look at the link you put up and will have a good read of it shortly.

 

I think if I SAR Lowells, they'll promptly throw the thing back at Provi but I'm not sure if I have the time to do this or if the Court would grant extra time to do this. In any case, it would have to be moved to my home town as it is Northampton that is on the Claim Form - too far to travel and that would give me the opportunity to put my defence in person.

 

As an aside, some years before my husband died, he had a similar thing happen to him. A DCA brought about a very old debt and tried to get my husband declared bankrupt (long before we were married). He went to Court to get it "set aside". A representative from the DCA was not in Court. The Judge was not amused and found in my late husband's favour - even telling him to claim Court expenses before he left!

 

Wouldn't it be nice if history repeated itself

[Guest]

if you think the last payment was to the original creditor, then a sar wld go to the original creditor not lows. lows prob wont have much info re a sar.

but, as you note, that may not get back in time before your defence deadline. but, it may still be useful.

[Bazooka Boo]

Agreed, any SAR should always go to the OC, lowlifes will have nothing on this account.

 

Don't worry about where the claim has come from, it will always be moved to a court near you.

[Lady Python]

if you think the last payment was to the original creditor, then a sar wld go to the original creditor not lows. lows prob wont have much info re a sar.

but, as you note, that may not get back in time before your defence deadline. but, it may still be useful.

 

The lady I spoke with at Provi said that once they sell off a debt, they no longer have any record of it at all (which I find hard to believe). According to her, Lowells have the debt lock, stock and barrel.

[Bazooka Boo]

Hmm liar liar pants on fire!

 

They MUST keep records of their accounts for 6 years AFTER the account is closed, under the money laundering act.

 

If you have that conversation recorded, then I'd ring them back and ask them if they wish to confirm they don't follow that particular law!

 

And would they now like to furnish you with the details of when you last paid on that account.

[dx100uk]

I take you are using the account number detailed in Lowell Particulars of claim?

 

good if so

 

go phone provi back

 

tell them you want the details of the last payment

and that as this was inside the last 6yrs under DPA rules they MUST hold the data for 6yrs

so DO HAVE IT.

 

if they wont furnish it to you tell them you are then going to phone the information commissioners office and report them

and they will make them reveal the data.

 

we've had this before with provi doorstep data and they coughed up

exactly the same excuse.

 

as for the sar to anyone.

don't waste your money

[Lady Python]

if you think the last payment was to the original creditor, then a sar wld go to the original creditor not lows. lows prob wont have much info re a sar.

but, as you note, that may not get back in time before your defence deadline. but, it may still be useful.

 

The last payment was to the Provi agent. I arranged with her to come on a different day and she never came back. I heard a few months later from an acquaintence who used to be a Provi agent that this particular agent no longer worked for Provi.