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court claim from lowell for provident. plz help

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  • court claim from lowell for provident. plz help

    hi guys, today I have received a court claim for provident from Lowell for a debt I had years ago. Ive just checked noodle and its not on there I,m almost positive it statue barred. particulars of claim are

    1. The defendant entered into a consumer credit act 1974 regulated agreement with provident personal credit limited under account ref **********
    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 £5,274.00 remains due and outstanding.
    And the claimant claims
    1. The sum of £5,274.00
    2. 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 £1.156, but limited to one year, being £421.92
    3. costs.

    plz help guys I know I have to acknowledge the claim but then what. freaking out right now.
    Tags: None

  • #2
    Re: court claim from lowell for provident. plz help

    Originally posted by flicky1314 View Post
    hi guys, today I have received a court claim for provident from Lowell for a debt I had years ago. Ive just checked noodle and its not on there I,m almost positive it statue barred. particulars of claim are

    1. The defendant entered into a consumer credit act 1974 regulated agreement with provident personal credit limited under account ref **********
    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 £5,274.00 remains due and outstanding.
    And the claimant claims
    1. The sum of £5,274.00
    2. 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 £1.156, but limited to one year, being £421.92
    3. costs.

    plz help guys I know I have to acknowledge the claim but then what. freaking out right now.
    Hello Flicky,

    1. Acknowledge Service of the claim, you can do this online at MCOL ( instructions on the form) state intention to defend in full but Do Not enter any defence at this stage. once you have done this you have 28 days +5 for service from the issue date on the claim for to respond to the claim (defence).
    2. Which solicitors are Lowell using?

    3. Send Lowell a request for a copy of the agreement (CCA request) together with a postal order for £1.00 ( mark it for statutory fee only and send by signed for post).
    There's a template in the green box above for you to amend to suit your case.

    4. A request under the provisions of Civil Procedure Rule 31.14 this is for the documents mentioned in the particulars of claim (POC) ( template in green box above). This goes to the solicitors ( No Fee).

    5. The documents you can request are: The Regulated Agreement, The Default Notice, the Notice of Assignment, use signed for post for this.

    Do you know when payments actually ceased? Were payments collected by a local agent?

    nem
    The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

    Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

    If you receive messages from anyone offering advice for a fee please report it to the site team.


    Animo et fide.

    Comment


    • #3
      Re: court claim from lowell for provident. plz help

      [MENTION=55034]nemesis45[/MENTION] thanks for your reply hun,
      payments were collected by an agent I,m sure payments ceased in 2011 but not 100 % sure I haven't acknowledged the debt since stopped paying. I stopped paying due to splitting up with hubby and couldn't afford it and still cant.
      ive just been down to the p.o and sent of acknowledgement to court sent signed for.
      its not pn my credit file not sure why?
      also claimant is Lowell portfolio I ltd. but using Lowell solicitors limited
      hope this helps
      I,m gonna write out the cca request now and post tomorrow

      Comment


      • #4
        Re: court claim from lowell for provident. plz help

        CCA Request

        Comment


        • #5
          Re: court claim from lowell for provident. plz help

          thanks [MENTION=3599]MIKE770[/MENTION] I,m doing that now.

          Comment


          • #6
            Re: court claim from lowell for provident. plz help

            Originally posted by flicky1314 View Post
            @nemesis45 thanks for your reply hun,
            payments were collected by an agent I,m sure payments ceased in 2011 but not 100 % sure I haven't acknowledged the debt since stopped paying. I stopped paying due to splitting up with hubby and couldn't afford it and still cant.
            ive just been down to the p.o and sent of acknowledgement to court sent signed for.
            its not pn my credit file not sure why?
            also claimant is Lowell portfolio I ltd. but using Lowell solicitors limited
            hope this helps
            I,m gonna write out the cca request now and post tomorrow
            Well done!

            Yes Lowell Solicitors have proved to be quite a joke recently so send the CPR 31.14 request to the (no fee) I suspect they may have some difficulty getting an agreement.

            It's likely that the account is not on your credit files as it was probably defaulted more than 6 years ago.

            nem
            The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

            Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

            If you receive messages from anyone offering advice for a fee please report it to the site team.


            Animo et fide.

            Comment


            • #7
              Re: court claim from lowell for provident. plz help

              PR 31.14 Request

              Comment


              • #8
                Re: court claim from lowell for provident. plz help

                ok thanks hun ill write it out tonight and post both tomorrow. ill keep you posted. thanks for the advice.

                - - - Updated - - -
                [MENTION=55034]nemesis45[/MENTION] when do I have to have my defence done by as I need to put that date on the 31.14 request. x

                Comment


                • #9
                  Re: court claim from lowell for provident. plz help

                  Originally posted by flicky1314 View Post
                  ok thanks hun ill write it out tonight and post both tomorrow. ill keep you posted. thanks for the advice.

                  - - - Updated - - -
                  @nemesis45 when do I have to have my defence done by as I need to put that date on the 31.14 request. x
                  28 days from the issue date on the claim form Flicky.

                  nem
                  The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                  Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                  If you receive messages from anyone offering advice for a fee please report it to the site team.


                  Animo et fide.

                  Comment


                  • #10
                    Re: court claim from lowell for provident. plz help

                    thank you, the date issued was 18 april so I'm making that 26th may hoping ive got that right

                    Comment


                    • #11
                      Re: court claim from lowell for provident. plz help

                      Originally posted by flicky1314 View Post
                      when do I have to have my defence done by as I need to put that date on the 31.14 request. x
                      Your Defence deadline is 33 days from the claim Issue Date (not 28 days).

                      It's important to get the dates correct on your CPR 31.14 Request to the solicitors.

                      Di
                      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                      This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                      Comment


                      • #12
                        Re: court claim from lowell for provident. plz help

                        Hi

                        Your defence is due 33 days from the date on the claim form

                        It might be that Lowell send a letter saying the account is on hold while they get documents- if they do, ignore that and still get your defence in.

                        Do you by any chance still have any of the agreements from Provident?

                        I ask because the terms and conditions are usually on the back - well all mine were and when I sent a CCA request to lowell they could only provide copies of the front - so it was game over and they closed the account

                        You might want to send a SAR to Provident for all the info they hold on you ,they cost £10 but might get some interesting info

                        Off the top of my head I think Lowell might claim they are not SB because the loans were fixed term with all the interest upfront so they might try to say the limitations act doesn't start until the end of the term

                        Good luck
                        Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
                        I have no formal legal training
                        Any advice is offered without liability
                        If in doubt take professional legal advice or contact the CAB

                        Comment


                        • #13
                          Re: court claim from lowell for provident. plz help

                          so is that the 6th june obviously I don't count bank holidays and weekends do I ?

                          Comment


                          • #14
                            Re: court claim from lowell for provident. plz help

                            Originally posted by flicky1314 View Post
                            so is that the 6th june obviously I don't count bank holidays and weekends do I ?
                            No it's 33 calendar days from 18th April which makes it Monday 22nd May by 4 pm since Day 33 is a Sunday.

                            Di
                            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                            This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                            Comment


                            • #15
                              Re: court claim from lowell for provident. plz help

                              Originally posted by flicky1314 View Post
                              thank you, the date issued was 18 april so I'm making that 26th may hoping ive got that right
                              28 calendar days. + 5 for service.
                              nem
                              Last edited by nemesis45; 20th April 2017, 11:43:AM. Reason: error
                              The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

                              Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

                              If you receive messages from anyone offering advice for a fee please report it to the site team.


                              Animo et fide.

                              Comment

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                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check your dates
                              Acknowledge a Claim
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                              Set Aside Application



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                              Acknowledge Claim - within 14 days from Service

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