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Lowell and Provident

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  • Lowell and Provident

    Hi I have been having terrible trouble with Lowell re an old provident loan going back to 2012. To cut a long story short they say I have 2 outstanding loans and have started court action. One of their letters stated that I made a payment in August 2018. That was difficult as the letter was July 2018. I have not made any payments in years life was pretty hard back then. I sent them all letters you advise CCA request,
    CPR31.14, Subject Access Request Letter, I also completed the court form and registered my defence this was 1st July, I have received no response from either Lowell Portfolio or Lowell Solicitors to these requests however a Directions Questionnaire came from them by post today giving me 7 days to complete I really don’t know what to do next help...
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  • #2
    Okay you sound like you have managed fine and done everything right up to this point. Did you include statute barred in your defence at all ?

    The Directions Questionnaire came straighr from Lowell ? - as you filed your defence 1st July and it's now September, it is likely the case is actually stayed with the court, and Lowell will need to apply to lift the stay before Directions Questionnaire will be sent out by the court. Lowell like to send their own DQ out early, personally I think it's an intimidation tactic, but could just be not knowing their arse from their elbow.

    So what you need to do is call the court - Northampton CCBC - one of these numbers - be warned, they are tediously slow to answer...

    County Court Business Centre (CCBC):

    0300 123 1056

    Money Claim Online (MCOL):

    0300 123 1057

    and ask them the current status of the claim ( so have the claim number handy ). You can mention to them you are a bit confused as you have received a Directions Questionnaire from the Claimant but haven't been sent one by the court at all. They should make a note, and tell you what's currently happening with the claim.

    Let me know what they say ( you'll have to ring tmw as they knock off at 4pm )

    Also... back to the actual claim .... did you have a provident loan in 2012 ? and did you have two loans - or just the one, and was there any rollover/concilliation of loans as far as you recall ?



    #staysafestayhome

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

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Hiya although it’s really near to statuted barred or it may even be until I get the paperwork to confirm dates I couldn’t use it. The direction questionnaire did come from lowell however I have received a letter from the court saying
      it is ordered that the defendant is ordered to return the questionnaire within 7 days and signposting me where I can download the form.
      what is also confusing me is on 13th July I received an acknowledgment letter from court for receipt of my defence. It states” the claimant may contact you direct to attempt to resolve the dispute, if it can not be resolved informally the claimant will inform the court he wishes to proceed. Where he wishes to proceed, the claimant must contact court within 28 days after receiving a copy of my defence. After that period the claim will be stayed, and the only action the claimant can take is to apply to a judge for an order lifting the stay”.
      just feel so confused, as Lowell appear to be ignoring all the information I requested.

      I am sure there was roll over and consilliation of loans.

      Comment


      • #4
        Okay, it might be a court side delay inbetween Lowell responding to the court after the defence and them sending out the Directions Questionnaires.

        So yes, as you have an order from the court you do need to complete the Directions Questionnaire. It should be pretty straightforward but there's a bit of a guide here HOW TO COMPLETE AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) FORM?

        Once done you should send a copy to the claimant as well. Yes it is best to just tick yes to mediation - if they don't get the documents sorted by the time that comes around it won't go ahead.

        I'd recommend sending a SAR to Provident for all info they hold on you Subject Access Request Letter

        It may well come in useful later.
        #staysafestayhome

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

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Hiya I now have received an email from mediation asking for me to contact them to arrange a phone call. I still have not received any information from Lowell as requested and provident have ignored the SAR request I sent. I have written to Lowell reminding them they have not responded but it appears they are ignoring me.... help what do I do next...

          Comment


          • #6
            Hi
            just an update I sent the SAR to provident still heard nothing back, plus Lowell have still not sent me any documentation despite me following all the procedures that you recommend but they cashed my £1.00 cheque help I don’t know what to do next

            Comment

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            SHORTCUTS


            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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