Lowell Portfolio vs. Eddiesmummy

[Eddiesmummy]

Hi all, any help with this would be gratefully appreciated, I am on benefits and cant pay this

Received a claim? Yes a letter of intent to prosecute.
Issue Date:26th February 2019
Have you Acknowledged the Claim?:N
Total Amount Claimed: £2,100
Claimant’s Name:Lowell Portfolio
Solicitors Firm:Lowell
Original Creditor:Provident Personal Credit Limited
Original Debt (eg. Credit card/Loan/Overdraft) : Personal Loan
Particulars of Claim: Please type out in full excluding names/account numbers:
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not sure possibly statute barred, but cannot find my old paperwork.
List any letters you have sent (eg: CCA/ CPR ) I sent a CCA let and they have replied saying they have asked Provident for the original/copy agreement (I used your template on here - thank you). it is well past the 12 working day limit so does that mean they cannot proceed? They said it could take 40 days - but I thought the limit was 12?
Any Other Information or Background Details:
I took this out whilst on benefits... I was really desperate and stupid it was for cosmetic surgery which did not work... I cant afford to pay anything as I am on benefits. . Any help and advice gratefully received.

[charitynjw]

Hi & welcome.

If you've sent them an 'official' request + the £! payment & they haven't completely fulfilled it, they cannot enforce the agreement/alleged debt unless/until they do so.

The time limit is 14 days (12 + 2 for postal delay), so as things stand, they cannot enforce (ie take you to court) atm.

By the way, did you get proof of posting the CCA s78 request? (If no, no biggie as they have replied to it anyway!.)

(As this is a civil matter, they can't 'prosecute'.....that's only for criminal matters)

[Amethyst]

Send a Subject Access Request to Provident directly >>> Subject Access Request Letter


Is the letter you have received a 'letter of claim' or is it an actual court claim ?
If a letter of claim does it have some reply forms with it ?

[Eddiesmummy]

Thanks for your kind reply charitynjw I reposted this as I put it in the welcome section first.

Okay so I am in the clear atm - phew!! If they cant find it by a certain time frame does that release me?

I kept a copy of my receipt for the postal order and also I have copy of the letter I sent.

I am really hoping that Provident lost the paperwork as I believe they are no longer trading is that true - do you know?

[Eddiesmummy]

Send a Subject Access Request to Provident directly >>> Subject Access Request Letter


Is the letter you have received a 'letter of claim' or is it an actual court claim ?
If a letter of claim does it have some reply forms with it ?

Hi Amethyst, Do you think its a good idea to contact Provident? I am hoping they have lost all my stuff... also I dont think they are trading anymore...

It looked like an official letter but had no forms with it. I must confess I ripped it up and put it in the bin, but found the corner of it which had their reference number so I took that as a sign to deal with it and came on here a few weeks ago and read on all the info, - what life saver and decided to the CCA request got a postal order and did a punt. I got their reply letter on the 26th Feb, so its well out of the 12 + 2 day time. I am praying that Provident have lost the paperwork!

[Amethyst]

Okay ... but it was definately just a letter from Lowell, not a N1 form ?

N1 form example
2019-03-06 12_35_28-Windows Shell Experience Host.png

Lowell solicitor letter of claim example
2019-03-06 12_36_58-Windows Shell Experience Host.png

[Eddiesmummy]

It was a green one, definitely not a court letter!!

I have just checked and Provident are still alive and well - unfortunately! For some reason I thought they had gone bust

[charitynjw]

Thanks for your kind reply charitynjw I reposted this as I put it in the welcome section first.

Okay so I am in the clear atm - phew!! If they cant find it by a certain time frame does that release me?

Not completely.
It 'freezes' their ability to enforce (ie take you to court.) But if/when they do find the relevant paperwork, it can 'unfreeze'.
However, the copies of any agreement/T&Cs must be accurate & legible (the copy of the agreement doesn't have to be a copy of the original...it can be 'reconstituted' from other sources.....but it does need to accurately reflect what was on that agreement,)


I kept a copy of my receipt for the postal order and also I have copy of the letter I sent.

Excellent!

I am really hoping that Provident lost the paperwork as I believe they are no longer trading is that true - do you know?

Lowell are the new 'owners' (probably.)
But sometimes debt purchasers mess up with the legal requirements re what is termed 'legal assignment'.
That can be investigated.

The letter that Amethyst refers to above.....does it look like https://www.justice.gov.uk/courts/pr...s/debt-pap.pdf ?

[Amethyst]

Nothing looks like that .... here's an example of a letter of claim - https://legalbeagles.info/forums/for...-for-reference

[charitynjw]

Nothing looks like that .... here's an example of a letter of claim - https://legalbeagles.info/forums/for...-for-reference

What?
Moi?


Thanks for that, Amethyst


Good to have the actual PAP that they send.
I'll keep it for ref.

[Eddiesmummy]

The letter that Amethyst refers to above.....does it look like https://www.justice.gov.uk/courts/pr...s/debt-pap.pdf ?

It looked like the green one it definitely wasn't a court letter it was a letter from Lowells telling me they intend to take me to court, which of course I promptly ripped and threw in the bin

[charitynjw]

I have just checked and Provident are still alive and well - unfortunately! For some reason I thought they had gone bust :

Which Provident?

If the one at Godwin Street, Bradford, they're still active.
https://beta.companieshouse.gov.uk/company/00146091

The one at Queens Buildings, 10 Royal Ave, Belfast, closed !5/05/2017
https://beta.companieshouse.gov.uk/company/NF003020

[Amethyst]

It looked like the green one it definitely wasn't a court letter it was a letter from Lowells telling me they intend to take me to court, which of course I promptly ripped and threw in the bin

Okay if you do think it was a letter of claim, worth looking at the reply forms and writing to them asking for more information - and sending the CCA request to Lowell and the SAR to Provident ( presuming it is the doorstep loan Provident ).

[Eddiesmummy]

Which Provident?

If the one at Godwin Street, Bradford, they're still active.
https://beta.companieshouse.gov.uk/company/00146091

The one at Queens Buildings, 10 Royal Ave, Belfast, closed !5/05/2017
https://beta.companieshouse.gov.uk/company/NF003020

Ah that is why I thought they had gone bust... but honestly I couldn't tell ya! but yeah its the doorstep loan people, surprised they didnt come round and break my legs when I stopped paying also they didn't bother to contact me when I did stop paying... maybe once or twice but not that much... which is strange??

[Eddiesmummy]

Okay if you do think it was a letter of claim, worth looking at the reply forms and writing to them asking for more information - and sending the CCA request to Lowell and the SAR to Provident ( presuming it is the doorstep loan Provident ).

There were no forms with it... just the green letter which honestly when I saw impending court action or some such, I just ripped it up. I really don't think it is a good idea to do a SAR at this point to Provident. I have done the CCA to Lowell, and the onus is on is them to provide the documentation which is now well over the 14 day mark.