Lowell & Provident Defence to claim form

[nima88]

Hello,

I am hoping for guidance on a defence for a Provident door step loan with Lowell. I've posted details about my case previously following the link.

I have today received a claim form from Northampton. Please can anyone offer guidance on a defence? I would like to dispute the full amount.

Following a SAR to Provident, they have explained the electronic agreement that I allegedly agreed to requires further information from other departments. So my SAR request has apparently been placed on hold. They have been unable to provide this information to me. I requested SAR on 24th June. They acknowledged my request on 25th June. Am I right in thinking they have 30 days to provide the information I requested? Can I use this in any way?

There is also the issue with the Notice of assignment which they didn't acknowledge initially.

Thanks.

[nima88]

Polite Bump

[MIKE770]

make a complaint to the ICO regarding failure to supply SAR within 30 days they will jump on them, go to ICO site and complain

[nima88]

make a complaint to the ICO regarding failure to supply SAR within 30 days they will jump on them, go to ICO site and complain

Thank you. I will do that. I've just seen there is a format being used. I've filled it with my claim so far.

Received a claim? Yes

Date: 30 July 2019

Have you Acknowledged the Claim?: Yes

Total Amount Claimed: £369.84

Claimant’s Name: Lowell portfolio

Solicitors Firm: Lowell Solicitors

Original Creditor: Provident

Original Debt (eg. Credit card/Loan/Overdraft) : Door Step loan

Particulars of Claim: Please type out in full excluding names/account numbers:

1)The defendant entered into a consumer credit act 1974 regulated agreement with Provident personal credit limited on 26/11/2015 which subsequently assigned to Vanquis Bank limited under account reference xxxxxxx (‘the agreement).

2)The defendant failed to maintain the required payments and the service was terminated.

3) The agreement was subject to a further assignment to the Claimant on 12/06/2017 and notice given to the defendant.

4)Despite repeated requests for payment, the sum of £273 remains due and outstanding.

And the Claimant claims

a) the sum of £273.00

b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.060, but limited to one year, being £21.84

c) costs


List any letters you have sent (eg: CCA/ CPR ) CCA Lowell, SAR Provident

Any Other Information or Background Details:

SAR request to provident. They acknowledged my request within 1 day and produced documents within a week. I asked for everything they have with regards to the debt and my personal information..what personal details they hold, who they shared my details with, original documents, telephone, email records etc. They didn't produce the notice of assignment I received from Lowell. They only stated they did not send a notice of assignment. I then produced the document Lowell sent me which is clearly written and signed off from Provident. They then claimed Vanquis may have sent it on their behalf. They claim it is the responsibility of whom ever purchases the debt to send such notification. In this case it is Vanquis whom they referred to as a debt collection agency. I asked for the original document they would have sent to Vanquis. Not sure if it makes a difference or not. At this point they advised if I unhappy with the information provided I have the right to log a complaint. I did send a complaint shortly after.

2nd thing that came up was the credit agreement. They provided me with the exact copy Lowell sent me, my name printed. They state it is not reconstituted and is the original true copy. I asked them about my signature. They then went on to state I agreed to an electronic agreement. A new system that came into effect July 2015. Apparently an authorisation code was sent to my personal email account which accounted to an electronic signature. I reminded them I asked for all the personal information they used and held. I requested further information about the new system and how it affected my data. I asked for the personal email address I used for the electronic signature. They were replying daily then ignored me until I sent a complaint.

Provident acknowledged my complaint within a few days and responded on the portal a few days later. They claim the information I requested will take further time as they need to gather information from several departments. This was 18th July, I am still waiting. I have been waiting 40+ since my original request.

I honestly do not remember any electronic agreement. I was expecting Provident to produce a signed agreement. I did not receive a notice of assignment. They may have produce this document but it was never sent to me. Vanquis only ever sent speculative type letters as I moved address and they could not verify this. No notice of assignment Vanquis to Lowell either. Lowell have sent these 2 letters to me after CCA but were not received originally.

I'm hoping there is some kind of defence I can put together. I'm hoping for a little guidance on a defence. Really appreciate the help.

[nima88]

....

[nima88]

I politely ask for help regarding my case. I am now 3.5 weeks away from court and Lowell have issued their witness statement. I'd really appreciate any tips on how I can defend my case. I am starting to believe there is no case and have struggled with my witness statement. Please take a look and tell me what you think. I've redacted my info.

[nima88]

Has anyone ever won Provident case against Lowell where they issued all the documents? I'd like to think I could have found something wrong them but don't know where to look.

[Matty B]

Did you send a SAR to Vanquis ? Clearly there are two assignments and the witness statement says the one from vanquis to Lowell is reconstituted so is there evidence via a SAR they assigned the debt.

As for your defence it is hard to comment as I can't see what you put or if you used a template defence from here

[nima88]

I sent SAR to Provident last year. I didn't send SAR to Vanquis. If I did sent to Vanquis and the assignment was not there, how could I prove this? Would I simply request Lowell produce an original or true copy?

[Celestine]

I spotted your post on another thread and came to find your own thread. You have a hearing in 3 days?

Sorry to be possible bearer of unwelcome news but the lack of assignment notice from Provident is unlikely to be important, it is pretty common for the "Goodbye from Provident letter, Hello from Lowell" assignment notice to arrive in one envelope from Lowell.
Digital signatures/tick boxes are also acceptable for CCA requests.

[nima88]

My hearing is this morning. I have other points in my witness statement so hopefully not over yet. The notice of assignment from Provident would not have come with hello from Lowell since the debt went Provident, Vanquis, Lowell over a period of 5 years. Is it OK for them to produce a reconstituted notice of assignment which then the original creditor cannot produce?

[nima88]

I suppose all of this is too late now. What will be will be.

[Celestine]

Wishing you the very best of luck