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Lowell Claim form - Provi Doorstep Loan online signup.


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Name of the Claimant: Lowell

 

Date of issue – 30-07-19

 

Date to file defence  - 30th July 2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1)The defendant entered into a consumer credit act 1974 regulated agreement with Provident personal credit limited on 26/11/2015 which subsequently assigned to Vanquis Bank limited under account reference xxxxxxx (‘the agreement).

2)The defendant failed to maintain the required payments and the service was terminated.

3) The agreement was subject to a further assignment to the Claimant on 12/06/2017 and notice given to the defendant.

4)Despite repeated requests for payment, the sum of £273 remains due and outstanding.

And the Claimant claims

a) the sum of £273.00

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 £0.060, but limited to one year, being £21.84

c) costs 

 

What is the total value of the claim? £369.84

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes. Completed form. Sent CCA request to Lowell with fee. 

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes. Took door step loan. Moved address few months later. 

 

Did you inform the claimant of your change of address? No.


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Doorstep Loan

 

When did you enter into the original agreement before or after April 2007 ? November 2015

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Enquired online. There is no signed agreement. SAR to Provident revealed I entered into an electronic agreement with my email address. I've requested information regarding this and SAR request is still pending 40+ days. Complained to Provident. Complaint sent to ICO.

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No

 

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. Assigned to Vanquis then assigned to Lowell. Lowell claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I was not aware. I did not receive a notice of assignment originally. Didn't know Provident and Vanquis were part of the same group.

 

Did you receive a Default Notice from the original creditor? Not originally. Sorry don't quite understand.I have received a default notice from Lowell after CCA request. Not originally. The default notice is addressed from Vanquis not Provident. It also contains conflicting dates. The notice is dated 18-01-17. Once side states I must make payment by 28-02-17 and the other side states I must make payment by 28-02-19.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Never received anything named this.

 

Why did you cease payments? Couldn't afford. Collector stopped coming. Moved address not long after. 

 

What was the date of your last payment? 15-12-15

 

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

 

Can I add,

when I sent CCA to Lowell, they returned all the documents I asked for.

 

I moved address when the debt was still with Provident.

The assignment to Vanquis occurred after I moved address.

 

Vanquis were never able to verify my new address.

They sent occasional to the occupier letters asking if they knew this person (me).

 I generally did not use credit and wasn't on the electoral register for 4 years.

 

When I registered earlier this year Lowell sent a Pre protocol a few months later.

Maybe for a year previously they sent the odd debt letter.

I opened them but ignored.

I never received a notice of assignment or a default notice, notice of sums or anything like that. 

 

Lowell sent me a printed name credit agreement.

I sent a SAR to Provident and they provided the same copy.

 

I enquired my signature and they then confirmed I agreed through an electronic signature with my personal email address.

Provident were also unable to produce the notice of assignment I received from Lowell.

They denied sending me a notice of assignment.

 

They state such document may have been sent to me by the debt collector who they referred to as Vanquis, on their behalf.

I suspect it would have been Vanquis who would have recorded this on my credit file.

The fact they did not might suggest they never issued a default notice. Is this correct?

Why else would they not record this? N

ever appeared on my credit.

 

I really appreciate any help provided.

I'm at my wits' end with this.

I have no idea how to write a defence.

 

From the samples I've found online, most of them are based on Lowell not sending docs.

They sent me all docs but doesn't mean they are genuine, right? 

I've already logged onto moneyclaim and selected to defend all.

Thank you.

 

 

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  • dx100uk changed the title to Lowell Claim form - Provi Doorstep Loan online signup.

please note you corrected defence filing date.

 

get a CPR 31:14 running too.

 

please scan up the CCA return to ONE PDF file

read upload

 

Thread title amended

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Reply attached.

I'm not sure what to edit out but I've removed my personal details and account numbers where I can see them. 

I will send CPR 31:14 recorded today.

Do I send this to the Lowell Solicitors address?

Thanks so much.

 

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name on page 2 or 3

and on page 10.

 

need to investigate this fresh start deal

it rings a bell with me.

but the cca is enforceable yes.

you payment says required within 7 days

it should be 14 days cooling off period under the CCA rules.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked.
 click thru to the end
 confirm and exit MCOL.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
type your name ONLY

no need to sign anything
.
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]
 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Should I send a CCA to Lowell again?

I did this when I completed the pre-action protocol letter.

I did both.. requested docs on the form.

Sent a separate letter to Lowell with £1 fee.

I only received the documents I uploaded here.

 

I will hide my name on those pages you've pointed out.

CPR sent to solicitors this afternoon.

Thanks.

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wont hurt

was almost 3yrs ago now

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sorry though pap cca reply was 2017

no need then.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=fresh start deal vanquis&oq=fresh start deal vanquis&gs_l=partner-generic.12...96131.99795.0.101856.9.9.0.0.0.0.138.713.8j1.9.0.gsnos%2Cn%3D13...0.2345j846595j8...1j2.34.partner-generic..9.0.0.NUDuuH6rWuo

 

i would suggest this fresh start invite was issued because the rules specifically states you have 14 days cooling off period and they demanded 1st payment 7 days latter??. provident have been previously warned by the relevant authorities about these fresh start loans too

 

can I ask was this your only provi loan?

was your credit file shot with defaults and others debt at the time you took this out?

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I had a CCJ at the time that's all I know. I didn't check my credit much but it was definitely poor. I was refused credit quite a few other places before I got the Provident loan. This was my only loan with them. Will I be using this cooling off period in my defence?

Edited by baycloves
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I've received some advice today about my case and told I should try to settle for half. I'm not sure how I would do this now at this point.

 

I've been told the paperwork is fairly up to date and not worth trying to win as they win most of these cases.

 

It's the older debts that are easier to wriggle out of. I'm starting to wish I had paid it when they first contacted me. There's at least £100 added and probably more to come.

 

There's also my credit which is in very good shape. I've worked on improving past few years paying everything on time.

 

I actually registered on the electoral to further improve since I have no interest in votes.

 

I've read so many times that it doesn't make a difference but it does with Lowell.

 

I heard nothing of this debt for 3 years.

Literally a few months after registering I get this bother. And I know Lowell searched for me on there because I see them on my online account.

 

 They started ringing me after I got a contract with Vodafone which appeared on my file.

 

Does this trying to settle for less come after a failed or questionable defence?

 

 By up to date paperwork, I meant the credit agreement.

 

I have previously been informed it is enforceable but was encouraged to SAR Provident to verify the other documents.

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You should never run away from debt

The fact you failed to register is probably mores the reason this is happening now..it  could have been dealt with years ago.

 

as a side issue, you've probably got a very good irresponsible lending complaint against provi here and that could have been done if you'd just not followed that advice of the same place youve just returned too??

 

Dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I understand. I'm more responsible with money and credit these days. This is actually the only debt I have remaining having resolved everything else. I will have a good look through the forum and try to get a defence together.

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not due for weeks yet..

post it here 1st

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I'm going away next week so rather have something prepared and not have to worry. I've looked on the site for hours. The only defences I can seem to find are those where Lowell has not provided docs. Not sure what to write. I believe they are very confident with my case. They have responded to my CPR 31:14 request in just 4 days. They sent the same docs as before. Anyway here's the defence I've come up with.

 

Particulars of claim for reference only

 

1)The defendant entered into a consumer credit act 1974 regulated agreement with Provident personal credit limited on 26/11/2015 which subsequently assigned to Vanquis Bank limited under account reference xxxxxxx (‘the agreement).

2)The defendant failed to maintain the required payments and the service was terminated.

3) The agreement was subject to a further assignment to the Claimant on 12/06/2017 and notice given to the defendant.

Despite repeated requests for payment, the sum of £273 remains due and outstanding.

And the Claimant claims
a) the sum of £273.00
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 £0.060, but limited to one year, being £21.84
c) costs 

 

 

Defence 

 

The Defendant contends that the particulars of claim are vague and generic in nature

 

1. Paragraph 1 is noted. I have had an agreement in the past with Provident but do not recognise the account number referred to by the claimant.

 

The Claimants statement of case states that the account was subject to assignment from Provident to Vanquis. The Defendant does not recall receiving notice of this assignment.

 

2. Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

3. Paragraph 3 is denied. The Claimants statement of case states that the account was subject to further assignment from Vanquis to Lowell on 12/06/2017. The Defendant does not recall receiving notice of this assignment.

 

The Claimant has yet to disclose any legal assignment to them took place of any alleged balance.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, therefore the Claimant is put to strict proof to:

 

 (a) show how the Defendant has entered into an agreement with the Claimant; and

 (b) show and evidence the nature of breach and service of a default notice/termination notice Pursuant to the CCA1974; 

 (c) show how the Defendant has reached the amount claimed for; and

 (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

 4.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

.

 5.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 

.

 6.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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  • 2 weeks later...

Fine just done a few tweaks on the above......please check it over again.

 

I have added :-

 

(b) show and evidence the nature of breach and service of a default notice/termination notice Pursuant to the CCA1974; 

 

Andy

 

 

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  • 2 weeks later...

I submitted my defence on 30th August

 

. I received a letter from the court stating it had been accepted and it was being sent to the claimant.

 

Today I received a letter from Lowell Solicitors.

 

They sent me notice of assignment, credit agreement and default notice.

 

I've attached the letter sent with them.

 

Is this something I should ignore?

 

They claim they are requesting further information.

 

Any idea what this could be?

 

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If we've not seen it before scan it all up to one multipage pdf

Read upload

 

Until/unless they pay to lift the stay and the court write. Sit on your hands

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Received a copy of Lowell directions questionnaire today.

Still waiting for mine from the court.

 

I will agree to mediation but I'm wondering if at that point I should agree to pay something?

 

I've read countless threads and it's the cases without docs that end favourably imo. 

Does it matter I never received them originally?

Is it OK to disagree with the docs they sent me?

I.e Provident claiming they never sent a default notice.

I don't want to sound like a fool at mediation.

Is it too late to file an affordability claim with Provident?

Thanks.

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eh?

 

why do you think you need to fold and cough up?

 

can you put back up the scans of the CCA return please

make sure you remove all ID 1st this time please

read upload

leave IN dates and amounts.

 

if their docs are lacking and by the time mediation actually happens [till then you agree] are still lacking you'll refuse mediation anyway .

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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