Lowell (Provident Personal Credit) vs Me CC - can I change defense?

[Diana M]

UPDATE....... I've received a letter from Lowells Solicitors at last admitting that they had received my requests on 22 March 2018.

. . . . I've heard nothing about the mediation at all as yet.

You've filed your DQ so you've protected your positon. Did Lowells send you a copy of their DQ?

If both of you agreed to attempt Mediation you may hear from the court Mediation service next so post up anything on your thread if/when you do.

That letter from Lowells admits that they don't have the documents in their possession which they should have had before they issued the claim. They know that.

They say "it is likely a delay will occur". This is true. But they have no right to delay the proceedings because they don't dictate the court timetable - the court does.

I see no reason for you to reply to their letter.

They have two choices at this stage. If they want to settle then they can opt for Mediation. If they want to concede defeat (because they've not got the documentation they need to win) then they can Discontinue the claim

I expect they will opt for Mediation.

If Mediation doesn't go ahead then the case will be transferred to your local county court and you'll hear direct from them next.

Di

[warwick65]

Did you look at a mending your defence. The problem might be if you try to argue non comiance with S77 when you haven't included it in your defence, they might not allow it.

Diana M

[Diana M]

Did you look at a mending your defence. The problem might be if you try to argue non comiance with S77 when you haven't included it in your defence, they might not allow it.

Diana M

Indeed.

The OP has only filed a Defence of Statute Barred which it may not be.

The statutory deadline for complying with the CCA Request appears to have passed and they admit that they are unable to comply in writing.

A perfect storm whereby an Amended defence sooner rather than later could be the next logical step

Alternatively they may make an Application for a Summary Judgment to strike out the Defence as having no merit.

Di

[Messy]

Indeed.

The OP has only filed a Defence of Statute Barred which it may not be.

The statutory deadline for complying with the CCA Request appears to have passed and they admit that they are unable to comply in writing.

A perfect storm whereby an Amended defence sooner rather than later could be the next logical step

Alternatively they may make an Application for a Summary Judgment to strike out the Defence as having no merit.

Di

Yes I did receive a copy of Lowells DQ, how do I amend my defence please? I've not a clue so any help would be appreciated, I know you've helped me so much already, I thank all of you so much

Messy

[Amethyst]

To amend your defence you will need to ask the claimant to agree to the amendment, and then put an application in to the court ( if they agree ( consent ) it can be a court fee of £100, if not, it will be a court fee of £255 - unless you are eligible for fee remission ( see EX160 https://www.gov.uk/government/public...-tribunal-fees
)

First thing though is to write your replacement defence, as far as I can see they haven't yet come back and said it isn't statute barred, so you can leave that in, and just expand it to include the non-compliance with s.77/78 and the requirement to provide a default notice and notice of assignment.

£4k is an awful lot for a provident doorstep loan - were there multiple loans or do you recall at all how much the original loan was ?

[Messy]

Hi I've had an email I take it I have to fill in the time etc., for mediation. I've added as an attachment if that helps?

SCM MEDIATION LETTER.odt

Looks a bit daunting but I'll get through it.

Amethyst I'm sorry there wasn't a reply button on your message so I couldn't reply and thank you for the court links about funding, which I'll try to fill on too, as I get Pension Credit which is a Benefit so maybe it won't cost the full amount which I can't afford anyway.

Can I add to my defence by contacting the Court direct without having to contact Lowells as if/when I do have to speak to them all they want is a confirmation of how much I can pay and when, plus this Tomlin thing which they still want to add £100 to the original debt.

Thanks for the help once again my heads spinning!

Messy

[warwick65]

There are, or were two types of pension credit. Guaranteed pension credit is means tested and is usually a passport benefit

[Messy]

There are, or were two types of pension credit. Guaranteed pension credit is means tested and is usually a passport benefit

It is the guaranteed PC, sorry I'm not sure what a 'passport benefit' is

Bit thick here, Messy

[warwick65]

It means it is an income based benefit and for many things you do not need to provide further evidence of income

[Messy]

Hi I've had an email I take it I have to fill in the time etc., for mediation. I've added as an attachment if that helps?

[ATTACH]n1403732[/ATTACH]

Looks a bit daunting but I'll get through it.

Amethyst I'm sorry there wasn't a reply button on your message so I couldn't reply and thank you for the court links about funding, which I'll try to fill on too, as I get Pension Credit which is a Benefit so maybe it won't cost the full amount which I can't afford anyway.

Can I add to my defence by contacting the Court direct without having to contact Lowells as if/when I do have to speak to them all they want is a confirmation of how much I can pay and when, plus this Tomlin thing which they still want to add £100 to the original debt.

Thanks for the help once again my heads spinning!

Messy

Thank you for your help, its still ongoing

[Messy]

UPDATE.......Sorry I've been quiet lately, I've been overwhelmed with all the forms and legal stuff. I've read that as this is now at mediation stage I can't change my defence or add to it that they havent complied to the s77 I sent, which they still havent. The last letter I had from them was the one I posted here saying they'd asked their client for it but not received it, so the time limit for that is over, and they've elected t go for mediation which I agreed to as advised here

Last Thursday, 10/05/18 I got a phone call whilst I was in a busy shop from SCM REFERRALS, so couldnt really talk to the man, which surprised me as I thought I would have to contact them to arrange a day and time, is this usual? Sorry but I'm always suspicious of calls out of the blue. I've still got a few days to arrange the mediation, and not heard a word about my new defence of the non-compliance of s77, do I go ahead and do the mediation?

Thanks

Messy

[Messy]

UPDATE

Today I've spoken to SCM re: Mediation, they'll write to me with an appointment, so just waiting for that now.

I've tried to amend my defence by writing to the court direct, not heard back yet, sent Lowells a copy, heard nothing.

Thanks for all your help and advice, fingers crossed

Messy