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Thread: court claim from lowell for provident. plz help

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    Default 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.

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

    Quote 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 Specific Advice is Needed 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.





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    Default Re: court claim from lowell for provident. plz help

    @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

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    Default Re: court claim from lowell for provident. plz help


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    Default Re: court claim from lowell for provident. plz help

    thanks @MIKE770 I,m doing that now.

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    Default Re: court claim from lowell for provident. plz help

    Quote 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 Specific Advice is Needed 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.





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    Default Re: court claim from lowell for provident. plz help


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    Default 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 - - -
    @nemesis45 when do I have to have my defence done by as I need to put that date on the 31.14 request. x

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    Default Re: court claim from lowell for provident. plz help

    Quote 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 Specific Advice is Needed 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.





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    Default 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

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    Default Re: court claim from lowell for provident. plz help

    Quote 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 specializes 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

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    Default 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

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    Default 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 ?

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    Default Re: court claim from lowell for provident. plz help

    Quote 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 specializes 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

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    Default Re: court claim from lowell for provident. plz help

    Quote 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 at 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 Specific Advice is Needed 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.





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    Default Re: court claim from lowell for provident. plz help

    Quote Originally Posted by nemesis45 View Post
    28 calendar days.
    nem
    As I have said it's 33 not 28 calander days.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes 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

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    Default Re: court claim from lowell for provident. plz help

    28 days + posting / delivery times = 33

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    Default Re: court claim from lowell for provident. plz help

    omg which one is it , I'm even more confused now.

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    Default Re: court claim from lowell for provident. plz help

    33 includes posting allowance, not a problem


    NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form. You can work out the date HERE >>> http://www.timeanddate.com/date/dateadd.html

    Take it you have not read:- First Steps it is all at the top of this thread.

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    Default Re: court claim from lowell for provident. plz help

    ok so by the 22nd of may is that right as I,m about to put it on my letter.

  21. #21
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    Default Re: court claim from lowell for provident. plz help

    Issue date Tuesday, 18 April 2017
    Added 33 days ( 28 days plus 5 for service )
    Result: Sunday, 21 May 2017
    (https://www.timeanddate.com/date/dat...aw=&ad=33&rec=)

    So really you want to file the defence by Friday 19 May 4pm latest xxx
    Last edited by Amethyst; 20th April 2017 at 12:40:PM. Reason: MATHS !!!!
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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    Default Re: court claim from lowell for provident. plz help

    If the Defence deadline falls on a weekend or a Bank Holiday then the deadline moves on to 4pm the next working day which is why I stated Monday 22nd.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes 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

  23. #23
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    Default Re: court claim from lowell for provident. plz help

    Well there we go then, we all learn a little every day 22nd it is
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

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    Default Re: court claim from lowell for provident. plz help

    ok thanks guys, ill put in the post tomorrow.
    what do u think the likelihood of them getting an agreement is. and I think half of the 5000 pound is interest.

  25. #25
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    Default Re: court claim from lowell for provident. plz help

    Quote Originally Posted by flicky1314 View Post
    what do u think the likelihood of them getting an agreement is. and I think half of the 5000 pound is interest.
    This would have been a doorstep loan. In fact could it have been more than one which they have amalgamated?

    The APR was often over 500% so there may be all sorts of issues to explore.

    You've said you think you last paid in 2011 so this debt may be touch-and-go Statute Barred.

    We've been dealing with some claims recently for old Provident loans where the agent (doorstep collector) didn't always pass on the money collected. Did you have a book which your agent signed when you paid?

    Also do you remember how you opened the account (e.g. in your own home)?

    What you need to do next is send a Subject Access Request to Provident to get the full history of the account.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes 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

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