Lowell v Andy77

[Andy77]

Issue Date: 26th April 2019
Amount approx: £1100
Claimant: Lowell
Solicitor: Lowell Solicitors
Original Creditor: Provident

The claimant entered into a consumer credit act 1974 regulated agreement with Provident in 2009 which was subsequently assigned to Vanquis Bank under account no ******* (the agreement).

The defendant failed to maintain the required payments and the agreement was terminated

The agreement was subject to further assignment to the claimant in 2016 and notice was given.

The sum of £950 remains due and outstanding.

The claimant claims the £929, interest pursuant to s69 country courts act 1954 to the date of issue. Costs


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Hi,

Something I'd completely forgotten about if truth be told swept under the carpet til now.

I acknowledged the claim on line on 2nd May 2019 with the intention to defend.

I then sent CCA and CPR requests on the same day.

The solicitors have responded with their copy of a notice of assignment. Their response is below in bold. I have absolutly nothing from Vanquis in my records in relation to this and can't even remember making a payment on it in 2014 so I'd have to check my bank statements on that.



Dear Andy 77

The matter relates to a Provident account opened in 2009, the last payment was made in Nov 2014 and the account defaulted in April 2015.

A copy of the notice of assignement has been enclosed. We have asked our client to provide a copy of the agreement and we will contact you once we have received a response.

A claim was issued to you on 26th April 2019 that you should respond to. If you are admitting the claim or would like to pay by installments then our team are available to complete an admission form with you. If you are rwsponding in any other way then you should do so as directed by the form.

Failure to respond to the claim within the timescales et by the court may result in a judgement being entered against you.

If you wish to speak to us please call.....

Yours sincerely.

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I'll file my defense on friday 24th May. as of yet I have had no response from Lowell with a credit agreement, although in the meantime I am unsure what defense to state.

[Andy77]

It’s now been almost 4 weeks since the claim was served and 3 weeks since I sent the CCA and CPR requests off. As of yet I have received nothing in regards to the credit agreement from Lowell’s.

With that in mind and with the deadline for defence looming, is it enough to say that I’ve requested all the information regarding this account (which I hold no details of ) and as of yet I have received nothing to assess my position on it?

They say a payment was made to a previous DCA 5 years ago, do they have to prove the dates of any payments made?

[MIKE770]

your defence would state requested documents == etc etc etc on such a date to date no response and request remain out standing, do not chase them they know the rules, further down the line they no doubt thru you and guidance have to supply before a court appearance so do not chase them for now, longer they have to find the better

[Andy77]

Filed my defence yesterday stating that I’d sent off cca and cpr requests and that information was still outstanding.

[MIKE770]

await next court instructions, come back when you hear from them or Lowells, look around lowells sites on here you will see a pattern they work to

[Andy77]

Got my response from the court telling me they’d be sending my defence to the claimant and they have 28 days to respond otherwise the claim would be stayed.

[MIKE770]

await next instruction from the court, if you hear nothing after say 36 days ring the court and ask situation of claim? do not contact Lowells unless advised on here to do so

[Andy77]

Today I received notice of proposed allocation to the small claims track from the court business centre. They have also enclosed form N180 to complete and file by the 17th July.

Also so I have received no credit agreement from Lowell’s regarding my request for information on this debt.

[Andy77]

Here’s the latest situation on this. The mediators emailed me to say that the claimant was happy to enter in to mediation to find a solution. However the mediators asked me 3 important questions about the case, saying that if I answered no to any of them then mediation wasn’t a suitable route.

One of the questions was “do you have all the relevant information to proceed”. I had to reply saying no to this. I explained that I had sent off the CCA and CPR paperwork and had not even got a copy of the credit agreement in return. I didn’t even have an information from them on a payment history or anything to be able to review, as it’s so old.

Now I’ve received confirmation that the case will be transferred to a local court at some point. Obviously I find that a scary prospect. I’m still in the position of having no information on this from the claimant other than a letter of assignment that they sent me a copy of. So any advice anyone can offer in the meantime would be greatly appreciated.

[Amethyst]

Don't worry that's quite normal position to be in mediation often gets cancelled due to lack of documents… It will now be sent to the local court and they will issue directions and a hearing date. Normally they ask for witness statements and all evidence to be filed and served 14 days before the hearing… So that's usually the point where you know whether you need to negotiate settlement or push on with defending the claim.

[Andy77]

A further update. Finally received some correspondence on this from the court in the form of a letter ordering the claimant to produce a copy of the agreement or contract, copies of all invoices and letters sent to me by the claimant and a copy of the assignment from the claimant to the assignor.

[Andy77]

I have received the requested documents from the claimants solicitors, that I didn’t have. They’’vesent :

A signed copy of the original agreement from ten years ago. For some reason they’’ve spelt my first name wrong, but that’s by the by and this is just one sheet giving the amount and the account number, the amount and that it’s regulated by the CCA 1974. There are no terms and conditions or other documents with this.

A list of payments made on the account, although this is not from the original creditor but it’s a reprinted list of payments and it’s come from the company that bought the debt.

There’s also a redacted copy of the assignment deed from the DCA to Lowell.

So now they’ve sent me all this I’m guessing my only course of action is to try and come to some arrangement with Lowell’s and sort it out. Unless anyone can offer any other advice?

Thanks in advance.

[Andy77]

So I’ve sat tight to see what the court say. They’ve written this week to say that if all the documents aren’t received from the claimant to the court by the end of the month that the claim will be stayed.

[MIKE770]

So I’ve sat tight to see what the court say. They’ve written this week to say that if all the documents aren’t received from the claimant to the court by the end of the month that the claim will be stayed.

Normal procedure if not received say by 4th November then ring court and ask status of claim

[Andy77]

A couple of developments on this case which I’d really like some input on please.

We’ve had a letter today from the court saying that the claim is reinstated. Im assuming that means they can proceed with the claim now through the courts.

Also a matter of a couple of days ago a default appeared on the wife’s credit report for this debt but showing Lowell as the creditor. Can they do that that? A default was never on her credit file for the original creditor provident which is another why she didn’t know recognise it originally.