Claim defence

[2004Arron]

Good evening.

Im looking for some advice in regards to a claim that’s been made against me from Lowell.

The claim is from provident personal credit dating back to 2009.

Im defending the claim as I don’t have any knowledge of the debt.

I have sent a SAR to provident and a request to Lowell for all information attaining to this case.

I have been onto onto the court (money claim) site and it requests a defence.

What do do I apply into this box?

Any help would be great. Thank you

[ostell]

So when was the last payment to the alleged debt?

[Setmefree3]

If you haven’t made a payment in over 6 years and had no contact in that period, I would imagine that the debt would be statute barred.

Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts, or twelve years for some mortgage shortfalls. This ‘limitation period’ starts from the time of your last payment or acknowledgement of the debt, not the total length of time you’ve been making payments. If a court judgment (CCJ) has been registered against you before the limitation period has passed it can be enforced at any point. There is no limitations period for a CCJ

There are lots of qualified people on here who will guide you in the right direction.

[Amethyst]

What is the date of issue of the claim ?

If MCOL is asking for a defence Id assume you have acknowledged the claim with intent to defend in full ?

[2004Arron]

Hi all. The last payment was in 2014

someone has has been paying 50p and even £1 at times over the few years between 2009 and 2014.

Im at a loss here I definitely didn’t take the debt out wouldn’t have been paying small amounts like that. During this period I was a school teacher who was financially stable and saving considerably.

In feb 2012 my partner and I moved house and have had no connection with this debt until a few months ago. Im trying to base my defence on provident not being able to collect the money from me from 2012 - 2014 as they didn’t have my address. Hopefully this will be proved in the SAR. Thus becoming SB.

[2004Arron]

The date was the 07.01.19

[2004Arron]

Also to add. At what point do I request the case be heard at my local court? Thanks

[Amethyst]

Okay - so you have till around 9th Feb to sort out defending the claim.

You've sent a SAR to Provident, and a CCA request to Lowell ( have you? Or was it just a 'prove it letter?) so that's a great start. CCA request is important so if not done with a £1 then you must do that ASAP.

I wonder if the debt was taken out by the previous occupants of the house you moved to in 2012 ( whoever was there in 2009 ) and there's been some kind of tracing error. Possibly it defaulted and they entered a debt management plan with token payments ( the £1 and 50p payments ) but not informed Provident or any DCA if the change of address. You'd know if you'd taken out a Provident Loan as it's a doorstep application and collection usually. Is there anything showing at all on your credit file ?

The SAR request will likely fail if it isn't yours as name/date of birth etc won't match anything on their records .... might be worth SARing Lowell as well to see how the claim ended up with you.

No letters at all leading up to the claim being issued ?

Coukd you type out the particulars of claim pls. Also there's been some communications with Lowell before now as you've got, presumably, a transaction breakdown of some kind out of them ?

[Amethyst]

Oh forgot - after you enter your defence and the claimant responds you'll receive a 'directions questionnaire' where you tell the court business centre which court to send the case on to for a hearing xxx