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Thread: court claim from lowell for provident. plz help

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  1. #101
    flicky1314's Avatar

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

    Sorry to be a pain but when I send my defence tomorrow do i need to send copies of everything I.e proof of posting or just send defence on it's own

  2. #102
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    Default Re: court claim from lowell for provident. plz help

    How are you sending it?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
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    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  3. #103
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    Default Re: court claim from lowell for provident. plz help

    @charitynjw I'm gonna have to send special next day to make sure it gets there for Monday. But just wasn't sure if i have to send photocopies of the proof of posting and the letter I received back from their solicitor

  4. #104
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    Default Re: court claim from lowell for provident. plz help

    Just the defence, flicky. Supporting evidence is not needed at this stage.
    You could send via MCOL or email (as an attachment) if you want.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  5. #105
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    Default Re: court claim from lowell for provident. plz help

    @charitynjw thanks hun I'm on it now. I'd rather send royal mail I know I've done it then plus I'm a bit thick and don't know how to do what u said lol sorry

  6. #106
    flicky1314's Avatar

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

    Hi guys. I posted the defence it was received on Monday. Today I received a letter from Lowell solicitor. It says

    We confirm receipt of your letter dated 9th April 2017. Please be advised that this was not received at our offices until 15th may 2017. I don't even know what letter they are taking about. I never sent a letter. Why would I send a letter before I have had the court letter ??

    A letter was sent to you on the 3rd may 2017 in response to your letter dated 20 April 2017 ( this was cpr request)

    We have requested a copy of the agreement. Statement of account and default notice. These will be forwarded to you upon receipt. The account will remain on hold until such time these documents are received.
    We note that you have filed the acknowledgement of service in regards to the claim. This provides a further 28 days from the service date of the claim, in this case being 24 April 2017 for you to file your response to the claim form. Please ensure you fine your response to the claim within the timeframe specified as failure to do so may result in a county court judgement in default being entered against you, with the terms set out by court.


    Well what does it all mean. Do i do anything ??

  7. #107
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    Default Re: court claim from lowell for provident. plz help

    another nonsece letter from the thrash machine- to un settle you - the office idiot on the loose


    seriously nothing is on hold once a court case started by them ignore that remark of theirs the court sets time table not lowells, await next court instructions in proceedure they have 28 days to respond to your defence from receipt, or case gets stayed keep updates on here

  8. #108
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    Default Re: court claim from lowell for provident. plz help

    Ok thanks @MIKE770. A bit confused as to what letter they are referring to. I'll keep you updated.

  9. #109
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    Default Re: court claim from lowell for provident. plz help

    Keep that (today's) letter safe.
    Your defence was due Mon 22nd May, not 24th April as stated by them.
    An indication of, if not outright incompetence, certainly a lack of their due dil.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  10. #110
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    Default Re: court claim from lowell for provident. plz help

    @charitynjw thanks hun. I've put it safe. They totally confused me lol.

  11. #111
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    Default Re: court claim from lowell for provident. plz help

    Don't let them confuse you, I have had so many meaningless letters from them, once they said they would not send me documents I hadn't asked for.

    As Mike and Charity have said, file them ( and no, not in the bin)

  12. #112
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    Default Re: court claim from lowell for provident. plz help

    @warwick65 hahaha no I won't put them in the bin yet lol. Thanks for your advice

  13. #113
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    Default Re: court claim from lowell for provident. plz help

    Hi guys well I didn't hear anything back from anyone. But just returned from holiday yesterday after two weeks to find a mediation firm to fill in and send back to the court from Lowell.

    What do i do as I've not had any documention from Lowell.

  14. #114
    Diana M's Avatar

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

    Quote Originally Posted by flicky1314 View Post
    Hi guys well I didn't hear anything back from anyone. But just returned from holiday yesterday after two weeks to find a mediation firm to fill in and send back to the court from Lowell.
    I'm not sure what you mean by a "Mediation" form sent by Lowells, but is it a copy of their Directions Questionnaire which they filed at court?

    If so then you can expect to be sent a DQ to complete by the court too. Ring the court to check since you've been away for two weeks - you don't want to miss any court deadlines.

    Your DQ would be sent by the court with a covering letter not by Lowells.

    Di

    PS I haven't been able to read back through your long thread so I'm not fully aware of what stage this claim has reached.
    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

  15. #115
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    Default Re: court claim from lowell for provident. plz help

    Hi sorry for the delay. Yrs it's a directions questionnaire. Do i fill it in. What do i put ? They still haven't provided any proof the debt is mine. This is a copy of theirs. I haven't had one from the court yet

  16. #116
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    Default Re: court claim from lowell for provident. plz help

    Fill it in as is right for you and include any dates when you know you may not be available for court. Also tick yes to mediation because it does show willing even if they haven't provided everything.

    mediation is also a time when if you felt it in your best interest you could arrange a repayment plan without it being seen by the judge . You would also not get a ccj

  17. #117
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    Default Re: court claim from lowell for provident. plz help

    @warwick65 there isn't anywhere to fill in. The form that I've got is a copy of theirs.

  18. #118
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    Default Re: court claim from lowell for provident. plz help

    Quote Originally Posted by flicky1314 View Post
    @warwick65 there isn't anywhere to fill in. The form that I've got is a copy of theirs.
    You can call the court to see if one has been sent to you but lost in the post.

    Sometimes a Claimant/solicitor will serve their DQ on you but fail to inform the court they intend to continue with the proceedings by the deadline so the claim becomes stayed.

    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

  19. #119
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    Default Re: court claim from lowell for provident. plz help

    Ok thanks I'll give the court a ring today

  20. #120
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    Default Re: court claim from lowell for provident. plz help

    Hi guys well had my directions questionnaire from the court yesterday. What do i do. Fill it out and send it back even though Lowell haven't complied with anything I've asked. A little annoyed to say the least why would I go to mediation for a debt they haven't proved is mine . Sorry for the rant xx

  21. #121
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    Default Re: court claim from lowell for provident. plz help

    You don't have to go to mediation but it is generally recommended you tick yes to it. lets face it you would feel a right wally if you said no and they then produced the goods.

    On the other hand saying yes to mediation looks as if you are 'playing the game' and while it will not help you win in court it shows you are being reasonable.

    I haven't read back so not sure how big the claim is but for small claims sometimes the defendant may feel it is worth a small offer just to make it go away - just because you agree to mediation now doesn't mean you have to follow through with it

  22. #122
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    Default Re: court claim from lowell for provident. plz help

    Hi again

    I have just read back and as it is for over £5000 it is unlikely that Lowell will roll over just yet

    You could be cheeky and offer say £25 at mediation - it is confidential

    I noticed in the first post you said it was SB but you did not plead that in your defence - my guess is probably a good idea because I think they would argue the limitations started at the end of the fixed term. Also as you say you stopped paying sometime in 2011 it would be a really close thing anyway

    Just get the DQ done and then wait for the next move

  23. #123
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    Default Re: court claim from lowell for provident. plz help

    Hi @warwick65 Thanks for replying. I didn't put statue barred in my defence as I was told not to just yet. So from your advice fill in questionnaire. Also will agreeing to mediation and offering 25.00 show that I am accepting the debt ??
    Sorry abit confused by it all. Also it's defo not on my credit file which Is why I'm even more convinced it's statue barred.

  24. #124
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    Default Re: court claim from lowell for provident. plz help

    A few questions

    When dd t vansh off your credit file also did yo check all as not all creditor report to all cras

    Mediation is confidential and isnt reported in court so neither acceptance or offering a silly payment would be seen.as acknowledgement.

    Out of interest, I can't see any mention of not saying it was SB. Who or where were you told to miss it off.

    One last question if you dont mind, when did you stop paying. I am Guessing that would be when.you split up.

  25. #125
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    Default Re: court claim from lowell for provident. plz help

    @warwick65 hi. I checked noodle and clear score it's not on either of those. I did put in about it being statue barred sorry it was the sar that I didn't need to put in about. But advice from charitynjw I put it in about being statue barred. I stopped paying when we split up so 2011. Hope that helps

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