Help Please - Old Provident Loan - Lowell Solicitors - Court Claim

[fredbestboy]

Desperate for some advice!

Lowell Solicitors are trying to get a CCJ against me for old Provident debt. I have never acknowledge the debt to them and have always referred to it as the "alleged debt" in any communications I have had with them in last few months.

Background: last payment made in early March 2013. Lowell Portfolio purchased in August 2014. Default Notice on credit file is dated 16th September 2013 (updated by LP in early 2015 - guess they changed name from Provident to LP - Experian cannot tell me). LP sent account to LS in Oct 2018 and they sent me a Letter before Action in November 2018. Since then we have been ping ponging about the paperwork – Credit Agreement etc / Default Notices / Debt being Statute Barred etc and now I have received CCJ dated 30^th July 2019.

So first question do I just acknowledge service of papers at this point or send in my Defence too? Please note I intend to defend as LS confirmed in writing that a Default Notice was sent by their client (guessing this was Provident) on 3rd June 2013 but they cannot provide - I know they don't have to do but my defence of the Court Action is going to be the following;

1. the date of Last payment was over 6 years ago;
2. Creditor had Cause of Action over 6 years ago;
3. The Default Notice was sent 3rd June 2013 and this is the Default Date that should be reflected on my credit file (not several months later on 16th September 2013)

In other words the debt was SB in either March 2019 or June 2019. See letter sent to me by LS on 21^st June which seems to contradict itself with regards to DN being sent vs the DN being served? Nobody served anything on me on 16^th Sept 2013 – date seems only refer to the date the debt was added to my credit file and also don't understand how the Cause of Action can accrue!

Surely the date the DN was sent/expired and not the date it added to credit file is the date the debt will become SB? Cleary LS are trying to pursue the Legal route based on the later argument. Other fact the DN was added just over the 6 months from the date of the last payment - not sure if this relevant.

I know the Court Judgement made in January 2019 states that the CofA does not start until Creditor has sent a DN instead of the date of the last payment so a little confused by LP’s assertions. However seems if I don’t defend this Claim my Credit File would be affected not for 6 years but 12 years.

Thus my questions are: Is my defence correct and if so how should I word it on the Court Papers? Do I need to send copy of letters from LS about DN’s being sent vs being served to the courts? Also do I attend Court or just send back the paperwork with my defence outlined? I was going to ask for the location to be moved from Northampton to a Local Court just in case I need to go.

Finally is my Defence just clutching at straws and should I try and negotiate a repayment schedule with Lowell to avoid the CCJ even at this late stage?

Thank you any help grateful received – I don’t want a CCJ on my file and really cannot afford to pay this as a lump sum as it is now £2,500 with Court Fees and some interest which they just added too!




Lowell letter scan 21st June 2019.pdf

[fredbestboy]

Hello - I can't seem to see my thread in the Court Claims and Issues. Can somebody confirm they can see it at least! Had no responses am in need of help.

[Amethyst]

First you should just acknowledge the claim with intent to defend in full. This extends the time you have to reply and you can send a couple of letters asking for more information. If the issue date is the 30th of July then your defence will be due around the 3rd of September.

Also in other cases Lowel have said that the default notice sent by Provident gave 21 days. If it was dated the 3rd of June it would've expired before the 30th of July so their comment about it not being statute barred is Possibly inaccurate. Ignore the date on your credit file

Could you type out the particulars of claim from the front of the claim form please. Then we can look at the CPR 31.1 for request and a formal CCa request (if you haven't already done one)Thank you.

[fredbestboy]

Thank you for your comments Amethyst - it is good to note that the date the DN was added to my CF can be ignored. Please see below my responses:

I acknowledge the claim on 5^th August stating was going to defend in full. Unfortunately I will be out of the country from 21^st August till 9^th September – so need to rush a bit on my defence – or should I let the Court know this?

FYI I have the following documents (which I requested) from Lowell Portfolio:

Loan Agreement
Unsigned Statement of Account
Terms and Conditions

Requested both Notice of Assignment & Default Notice - not received.

Here is the Particulars of the Claim – I thought it was odd that no dates included. Claimant is noted as LP:

1) The Defendant entered into a number of Consumer Credit Act 1974 regulated agreements with Provident Personal Credit Limited under account reference XXXXXXXX which is formed of the Agreements which are numbered XXXXXXXXX, XXXXXXXXX. - (The Agreements). 2) The Defendant failed to maintain the required payments and arrears began to accrue. 3) The Agreements were later assigned to the Claimant on 29/08/2014 and notice given to the Defendant. 4) Despite repeated requests for payment, the cumulative sun of £21,66.00 remains due and outstanding.

And the Claimant claims:
A) The said sum of £2,166.00
B) 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 £0.475, but limited to one year, being £173.26
C) Costs

Let me know if you need anything else - grateful for guidance on way to proceed next. Thank you.

[fredbestboy]

Hi - is there any update on how I should proceed with this? I have just received a letter of claim from Lowell - which is a bit odd as they have already applied to the Court for a CCJ.

[fredbestboy]

Hello - help needed urgently from any Amethyst or Anybody on a couple of points. I have decided to send off a CPR 31.14 Request this week for the Notice of Assignment as Lowell / Provident have not provided and Lowell mention it in the Particulars of Claim – see my response in attached – is this ok? Further going to send off my defence to Court on 20th August - see attached. My basic defence is that they Lowell/Provident did not:

• Provide Notice of Assignment;
• Debt was not acknowledge / no payment made in over 6 years;
• No Default Notice received. NB. Lowell do not mention the DN in their Particulars of Claim but I am guessing this is because they stated in one of their letter it was sent by their client on 3^rd June 2013 but they cannot provide a copy - should I mention this in my defence or just say not received?. Guessing they have not mentioned in Particulars of the Claim because it expired latest end of June 2013 which would be the point at which their client had cause of action and not when the default was added to my credit file in September 2013, which is there argument.
  
  Finally point 4 should I admit the debt or not? I presume not.
  
  I am in India on business from 21st August until 9^th September and spoke to Court this morning who told me that defence had to be received by 2nd Sept and will be forwarded to Lowell and then a Directional Questionnaire will be sent to Lowell/myself which I believe needs completing within 17 days.

CPR Letter.pdf Defence to Lowell.pdf