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Thread: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

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    abundancexx's Avatar

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    Default Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Received a claim? Yes
    Issue Date: 25-7-2017
    Amount approx:
    Claimant: Lowell Portfolio LTD
    Solicitor: Lowell Solicitors Limited
    Original Credit: Provident Personal Credit

    Particulars of Claim:


    Stat Barred? Yes

    Have sent: Acknowledged the Claim

    Other Info:
    Do I send just send the CCA request or also the CPR 31.14 request

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    Kati's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Quote Originally Posted by abundancexx View Post
    Do I send just send the CCA request or also the CPR 31.14 request
    send both

    can you post up the particulars of claim please??
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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    abundancexx's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Yes sure Kati

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    abundancexx's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Please see attachment for particulars of claim
    Attached Images Attached Images

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    Amethyst's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Your CPR request can ask for the Agreement, default notice and notice if assignment
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

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    abundancexx's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Hi Amethyst, so should I just send the CPR request but also incorporate the CCA in the letter?

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    Amethyst's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    No, do the CCA separate - it will go to Lowell rather than the solicitors (cpr goes to solicitors)
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    abundancexx's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Ok so CCA to claimant and CPR to solicitors ?

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    I usually enclose a copy (no fee needed with this) of the CCA request in with the CPR request to solicitors 'for information only' (Cross referred on both.)
    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

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    abundancexx's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Thanks for your reply

    is the 28 days to file defence working days ?

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    Amethyst's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    No, just days
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Diana M's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Quote Originally Posted by abundancexx View Post
    is the 28 days to file defence working days ?
    The deadline to file your Defence is 33 calendar days from the claim issue date.

    If the deadline falls on a weekend or Bank Holiday then the deadline is 4 pm on the next working day.

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

    This forum’s site rules don’t 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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    abundancexx's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Thank you Diana

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    abundancexx's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Hi Guys, just received a response from Lowell after sending off CPR 31.14 and CCA request. Could I please have some advice on my next step.

    Please see attachment of letter
    Attached Images Attached Images
    Last edited by Amethyst; 10th August 2017 at 16:47:PM.

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    warwick65's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Hi
    just another standard template from lowell

    What exactly did you ask for in your CPR letter, was it the notice of assignment, the deed of assignment, the assignment or something else

    When you get your CCA request back from Lowell , look at it very carefully. Mine, and one I have seen on here recently although different had the same flaw, both referred to the terms overleaf -but they were missing .

    It took me a while to spot them because of the way I read and the way my brain processes written info but they were there on both
    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

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    abundancexx's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Hi Warwick,

    thank you for your response in the CPR letter I asked for:
    1) agreement
    2) default notice
    3) assignment
    4) formal demand

    - - - Updated - - -

    Thank you for editing Amethyst, I didn't realise I left visible info on there. ��

  17. #17
    warwick65's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Hi
    Twas i who reported you had left your name on the letter - easily done

    Yes that is indeed one of Lowells stock letters, amusing in a way that they just churn out templates. I see there is no mention of the formal demand

    A couple of points for your defence ( I am assuming they send the agreement, the DN and the NOA)
    You will want them to produce the deed of assignment so they can demonstrate they have the right to bring the claim
    They have not produced the formal demand


    Have you sent a SAR to Provident - it will show what was sent , when it was sent and when the accounts were sold. I would send one , there is a cost of £10 . there are lots of SAR templates about and for Provident it could be quite simple

    I would start the letter with your name and address as well as any previous names or address you lived at when dealing with provident - for example Mr Benjamin Jones also known as Ben Jones Ref xxxxxxxx

    Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.

    Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act. If codes have been used to indicate an action, please also provide a list of these codes and their meanings.

    If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

    Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

    If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

    I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself.

    You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO You have 40 days in which to comply with this request and note that this request has been sent Royal mail Signed for Delivery so I can ensure compliance on these issues comply within the legislative time

    Provident structure their loans so that all the interest is added upfront and then you pay off so much a week until it has all gone, as such I am not sure if they actually issue S87(1) default notices - this might make their pleadings difficult . You would find out with a SAR if they did send a default notice ( as opposed to a letter saying they will register a default)

    I would hope that once Lowell realise you are not going to roll over they may back off but it might be a case of who blinks first

    If you follow all the process and you decide say at mediation, it really is something that you could do without , there is no harm in making an offer to settle - the level of the offer would depend on what they had provided and what you thought it was worth to get rid of them . Mediation is however a long way off yet (if it ever gets there)
    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

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    abundancexx's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Thank you Warwick65 for the information and informing admin of my
    mistake. As my time is ticking to file my defence, do you think it's worth doing now? As I'm thinking if I'm to wait for responses from Lowell and provident, this may well run into the deadline to file my defence. What do you suggest in terms of pointers for my defence?

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    abundancexx's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Hi guys, I need some urgent advice as I need to send of my defence by tomorrow the latest. Do I include as part of my defence copies of the CCA and CPR 31.14 and the response from Lowell (please see attachment) They have not given me any further information in order for me to asses this case further.

    Many thanks in advance
    Attached Images Attached Images

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    MIKE770's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    if a court case has been issued then they cannot suspend anything and they know it = follow time scales etc

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    tagging @Amethyst @nemesis45 @pt2537 @Diana M @warwick65 ... urgent help needed please xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

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    warwick65's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Hi
    You don't include exhibits in your defence so it is enough to say a S77 request was sent to the claimant and has not been complied with . You should also say you requested documents in the particulars of claim as per CPR31.14 but the claimants solicitors have not replied

    AS for the deed of assignment - well you would need a judge to force disclosure but I would also add a paragraph along the lines of
    It is denied the claimant has the right to bring a claim and is put to proof of ownership and rights by disclosing the Deed of assignment

    Maybe once you have done your draft you might want o post it up - any identifying features

    http://legalbeagles.info/library/gui...-court-claims/

    - - - Updated - - -

    By the way
    If the claim was 25th July you have another week yet - unless you are unable to file next weekend

    25+33= 27th August ( Sunday) 28th is a BH so 4pm 29th
    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

  23. #23
    abundancexx's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Thank you Mike770 for your response

    - - - Updated - - -

    Thank you Kati

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    abundancexx's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Hi Warwick65,

    Thank you for your response and info, I will start a draft tonight and include the pointers you mentioned. I was under the impression 28 days from the 25th of July will take us up to the 22nd of August.

  25. #25
    warwick65's Avatar

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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    It is a total of 33 days from the date on the claim form, 28+ 5 days for 'service'
    26th July=day 1 so day 33= 27th August a Sunday but as the 28th is BH Monday defence due Tuesday 29th by 4pm
    @Diana M @Amethyst @charitynjw @Kati

    Are my calculations correct?
    Last edited by warwick65; 20th August 2017 at 19:03:PM.
    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

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