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

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  1. #26
    MIKE770's Avatar

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

    Monday 28th so bank holiday = Tuesday by 4 pm 29th august

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

    Hi Guys, I've done a rough draft of my defence, would be ever so grateful if you can have a look and let me know if I need to make any amendments. Many thanks in advance
    Attached Images Attached Images

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

    Have the claimants said it was a loan at all ? It isn't mentioned in the particulars of claim and through the defence you have referred to both s77 and s78 of the CCA, so I think that first "appears to be for a loan" maybe just say a credit agreement regulated by the consumer credit act 1974

    Also on the extension section you've said they "declined" the request but can't see they mentioned it formally - so I'd say "failed to respond to my request"

    Otherwise looks good to me xx
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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    @Amethyst
    It's a provident so a loan seems likely so S77

    - - - Updated - - -

    Did they ever provide a DN. Provident just seem to supply notices of sums in arrears.

    - - - Updated - - -

    Sorry me again
    Did you ever SAR provident - on my phone so may have missed it
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Yes it seems likely but it's not been stated afaik and any doubt, back up of the point that the claimants lacking in provision of information/ knowledge/ evidence of their claim helps. If you decide to go with a set on a loan, then it only need be s77 of cca.
    “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

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

    Hi Amethyst,

    Thank you for your response

    No it does not state it was a loan on the particulars of claim, it just says agreement, I will make the amendment.

    Yes your right in regards to the extension, I will amend this also.

    - - - Updated - - -

    Hi Warwick65,

    Thanks for your reply

    I don't recall a DN being received.

    I did not SAR provident as I thought time was against me in regards to submitting my defence.

  7. #32
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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    The SAR is more for your own reference, to check the veracity of anything which may be supplied by the Claimant (eg a reconstituted agreement); it doesn't necessarily form part of your submitted defence.
    CAVEAT LECTOR

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

    Hi guys, just to update you and to get further advice.

    Defence sent off, received acknowledgement from the court on the 24th August 2017.


    Today received a letter from Lowell regarding a directions questionnaire (small claims track) pls see attachments.

    can someone explain what this means? Also I have received nothing from Lowell regarding the CCA & CPR 31.14

    Many thanks in advance
    Attached Images Attached Images

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

    Standard stuff.
    It indicates Lowells intention to proceed with the case.
    You should receive a DQ from the court in due course, which you should complete & return to the court by the deadline which will be advised, & also you serve a copy of it to Lowells.
    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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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Thank you Charitynjw

    what does this mean ? Do I need to attend court ?

    Im just a little confused as to how I proceed with the next steps

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

    just follow court instructions, as for going to court the situation could change up to the last minute depends on lowell's if they continue/discontinue, too early to say.

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

    hi now that odd i never got this from same lowell since 20016/ 2017, only i never for claim pack, 1st it was ccj by defulat, im so ill, still i fist had local c a s/ cab help side it side, this lead to trying to put defence to gether, ie over vodeaphone sold claim debt yet lowells hired agent in court never had full proof of claim, i did ,no legal iad help, to support me or in hearing, i was abused badly in so many ways truma stil effects me,

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

    ALSO ON SAT 9,9, 2017 DEMAND FOR OVER 1,0050 pounds , 50 a mth i not out, by 18,9, 2017, im disbaled very ill they know this , i could not get re enter my defence in time, as i never order juge court order till after order said , on it, i been messed about both by cab, and local debt adivce serivce waiting weeks to see someone to help me, only infromed cant help,, no legal aid either for lawyer, now majoir ill other criss going one, how on earth these dca comapnies expect thier claims on so many like me, then process now of threats of enfrocement help?

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

    this i really all year have problums to do,, as its claim on moible phone, 12.4.2014, then pones for u ltd closed down, i thought offer serivce i payed for was with them,,, till notice in press then on windwo of old shop says go to vodaphone shop, i dd with carer, this both male failed to help i nside pused on me new offer, ie red share data plan, for both phone and new offer ie tablet, data cap on 53 a mth, i thought this cancel out of contract offer, new one from 24,10,2014, male said i had 30 days to cancel , carer refused to help me understand, court , my denfecne was trying to put this fact over, lowells now dca company never had copy of new contract order, only peroius mobile, yet then costs goes up,,, higer then agreed, so i tried to write my defence for court i was refused to enter this all wrote out clear, prints of rest, yet, as disabled in wheelchair on my own limted all to my medical facts was dismissed, its unreal what im going though ,

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

    Hi Guys, need some advice

    just received Notice of Proposed Allocation to the small claims track, can some one tell me what this means please ?

    Also I have received N180 (Directions Questionnaire) how do I proceed to fill this out in regards to, if I agree if the case should be referred to the small claims mediation service. Lowell have not provided me with anything I asked for ( CCA request & CPR 31.14 request.)

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

    Hi
    I would agree to mediation at this point - they may produce some documents and even if they don't and you were worried about going to court you could use it as an opportunity to make a silly offer to make it go away - say £30 although I doubt they would accept that.
    All mediation is confidential and the court does not hear about it.

    Remember to say the number of witnesses is 1 (you) also to include any dates you are unavailable - you don't need to give a reason but if you have any holiday booked in the next 6 months I would add a day before and day or so after - just in case of delays. ( Can you imagine, landing at 11pm and needing to be in court for 10 am the following morning)
    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
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    If in doubt take professional legal advice or contact the CAB

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

    Thanks Warwick65, so do you have to attend mediation somewhere, I assumed it was done over the phone.

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

    Hi
    I am told it is all done over the phone- I don't believe you get to hear what the other side says, it is all done via the mediator
    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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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Hi Guys,

    would appreciate any advice!!

    so I have my mediation booked next week with Lowell, can anyone tell me what to expect? Also Lowell have not complied with the CCA Request or CPR 31.14, is this something I can discuss further during mediation? In regards to negotiations, are they likely to accept an offer of a reduced amount of the outstanding debt?

    Any advice welcomed, as I have never done mediation before, it's a bit overwhelming for me.

    Thanks in advance

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

    Hi guys, can I have some advice please to my last post. Need urgent advice!!

    Many thanks in advance

  21. #46
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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    If you haven't received all the documents you requested, chances are mediation won't take place (you'll be asked if you've got everything beforehand)
    @Amethyst @nemesis45 @R0b @charitynjw xx
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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Quote Originally Posted by Kati View Post
    If you haven't received all the documents you requested, chances are mediation won't take place (you'll be asked if you've got everything beforehand)
    @Amethyst @nemesis45 @R0b @charitynjw xx

    It appears the mediation appointment has already been agreed between the parties and booked for this week.

    Mediation can take place despite the absence of documents if both parties wish to attempt a practical solution/settlement.

    That seems to be the case with the OP's claim.


    Quote Originally Posted by abundancexx View Post
    I have my mediation booked next week with Lowell, can anyone tell me what to expect? Also Lowell have not complied with the CCA Request or CPR 31.14, is this something I can discuss further during mediation? In regards to negotiations, are they likely to accept an offer of a reduced amount of the outstanding debt?
    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 [email protected]. 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. #48
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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    Hi Diana,

    with the mediation are are you able to offer a offer of settlement?

  24. #49
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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    If that is what is right for you.

    If I may suggest, start low, in fact if they have provided nothing, very low.

    I'm sure Di will be more eloquent
    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

  25. #50
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    Default Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

    This is exactly what I was thinking Warwick65

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