Lowell Solicitors / Provident Personal Credit Limited

[needguidance]

Can anyone give any more guidance, help or support on this matter?

Thanks again.

Best Regards.

[needguidance]

Continuing from my previous post, below is a copy of the Claimant's Witness Statement.
The numbering / lettering sequence posted below does not match the hard copy, as I can't get it to working correctly on this forum.

IN THE COUNT COURT OF xxxxxxxxxx

CLAIN NO: xxxxxxxxxx

BETWEEN:

LOWELL PORTOFLIO I LTD

Claimant

-and-

MR xxxxxxxxxx

Defendant

---

WITNESS STATEMENT OF xxxxxxxxxx

---

I, xxxxxxxxxx, of Lowell Solicitors, Darwin House, 7 Savannah Way, Leeds Valley Park West, Leeds, LS10 1AB WILL SAY as follows:

INTRODUCTION

1. I am a Paralegal in the employ of Lowell Solicitors Limited. I have conduct of this matter subject to the supervision of my principals and I am duly authorised by the Claimant to make this statement on the Claimant's behalf.
2. The facts contained in this statement are known to me through my review of the Claimant's computerised account records save as where expressly stated and are true to the best of my knowledge, information and belief.

BACKGROUND

1. The Clain relates to a fixed tern agreement between the Defendant and Provident Personal Credit Limited ("the Assignor"). Pursuant to the terms of the agreements the Assignor provided a fixed credit facility to the defendant in return for contractual repayments (the "Agreement").
2. The Agreement commenced between the Defendant and the Assignor xx August 2013. A copy of the original signed Agreements together with the applicable terms and conditions are exhibited hereto at "RC1".
3. The Agreement provided for a total credit advance in the sum of £1,000.00 with the interest applied being in the sum of £1,200.00 added. The total repayable in 110 equal weekly instalments in the sums of £20.00. The Defendant was required to maintain the £20 monthly repayments.
4. The Defendant, upon entering the doorstep loan, was provided with the cash advance of the loan sum. The was provided to the Defendant at the address of xxxxxxxxxx. The Defendant however failed to maintain the required payments pursuant to the Agreements. A copy of the statement evidencing 14 payments of the 110 were made by the Defendant is exhibited hereto at "RC2".
5. As the Defendant failed to comply with the terms of the Agreement relating to repayment, the Agreement was legally assigned by Vanquis Bank Limited as part of their "Fresh Start" initiative. A copy of the Notice of Assignment sent to the Defendant on xx November 2015 is exhibited hereto at "RC3".
6. The Agreements fixed term expired on xx September 2015. Accordingly no Default Notice in Consumer Credit Act prescribed form was required because before the Assignor sought to enforce terminate or assign the benefit of the Account, the Agreements' fixed term has expired and the full balances had fallen due in the normal course of time rather than by operation of any term or condition providing that early repayment would fall due on default.
7. The Account was subject to a second legal assignment dated xx December 2016 pursuant to Section 136 of the Law of Property Act from the original creditor to the Claimant.
8. The Notice of Assignment was served on the Defendant by posting them to the Defendant's address. Reconstituted Notices of Assignment are exhibited hereto at "RC4".
9. I confirm therefore that the Claiment is the corrent entity to bring this claim and the Defendant remains indebted to the Claimant.
10. Between the date of assignment in Decmber 2016 and August 2019 the Claimant sent the Defendant several letters to the Defendant's address. No items of post were returned by the Royal Mail undelivered.
11. Examples of the reconstituted letters sent by the Claimant, the letters of which addorded the Defendant the opportunity to respond and avoid further action being taken are exhibited hereto at "RC5".
12. The Defendant failed to respond to any of the letters with payment proposals therefore the Claimant instructed solicitors to assist in the recovery of the outstanding debt. Legal proceedings were issued on xx August 2019 to recover the assigned balance in the sum of £1,900.00 plus interest in the sum of £152.00, calculated at the County Courts Act 1984 rate of 8% but caooed at one year. The claim therefore totalling £2,052.00.

THE DEFENDANT'S DEFENCE

1. A Defence was filed by the Defendant in which he allages that:
   1. He received the claim form on xx August 2019;
   2. Each allegation in the Particulars of Claim is denied unless admitted;
   3. The load agreement is an agreement regulated by the Consumer Credit Act 1974 (the "Act");
   4. The Agreemant was between the Defendant and Provident Home Finance;
   5. The infomation provided by the Claimant in the Particulars of Claim is vague about the Agreemant;
   6. The Defendant admits he had the Agreement and he repaid it in full;
   7. The Defendant made a Data Subject Access request on xx August 2019;
   8. The Claimant provided data which did not include details of the Agreement;
   9. The Defendant has sent a further Data Subject Access Request to Provident Home Finance and awaits response;
   10. He has requested information pursuant to CPR 31.14 which the Claimant had not complied with;
   11. It is denied that Provident Personal home finance served a Default Notice pursuant to S87 of the Act;
   12. He has requested extra time to respond to the file a Defence pursuant to CPR 15.5 but the Claimant failed to respond;
   13. Pursuant to CPR 16.5(4) the Claimant requires to prove the allegation of the money owed;
   14. The Defendant requests the Claimant bear the cost of his amended Defence; and
   15. It is denied the Claimant is entitled to the relief as claimed or at all.

THE CLAIMANT'S RESPONSE TO THE DEFENDANT'S DEFENCE

1. The Claimant repeats paragraphs 1 to 14 of this Witness Statement.
2. The Claimant denies that the Defendant's Defence carries any prospect of successfully defending the claim. The Claimant will respond to the allegations raised by the Defendant in the manner they are raised.
3. The County Court claim form was issued by the County Court Business centre on xx August 2019. Pursuant to CPR 6.14, the claim form is deemed served two days after issue. The Claimant therefore does not deny the Defendant's allegation but avers it not relevant to the Defence the Defendant is not liable for the Agreement.
4. The Court's attention is however drawn to the address on all correspondence as exhibited at "RC1" to "RC4". The Defendant has failed to respond to the Claimant in over two years to raise the allegations he now raises. The Defendant at any point prior to legal proceedings could have been provided with the infomation he requested about the Agreement.
5. The Defendant failed to do so and did not respond to any pre legal correspondence. The Defendant's conduct therefore forcing the Claimant to instruct solicitors and incur costs of issuing proceedings.
6. The Defendant failed to respond to the Pre Action Protocol for debt claims which, in line with the Overriding Objectives is for parties to narrow the issues of contention. It is also an opportunity for the parties to resolve the matter without the need for the Court.
7. The Defendant also failed to respond to this to which the Claimant avers is unreasonable conduct pursuant to CPR 27.14 (2) (g) to which the Defendant should be sanctioned.
8. The Claimant repeats paragraphs 3 to 8 of this witness statement in that the Agreement was regulated by the Act until the Agreement's fixed term expired.
9. The Claimant denies that the Agreement was previously Provident Home Finance. As per the Agreement at "RC1" and the Particulars of Claim the Agreenment was with Provident Personal Credit limited.
10. Pursuant to CPR 16.4, the Claimant submits the Particulars of Claim provide a concise set of facts on which the Claimant relies. The Defendant had the Agreement with the original Assignor which was subsequently assigned to Vanquis Bank Limited. The Defendant failed to make payment and the Agreement was terminated. The Agreement was assigned by the Claimant and the claim form was issued.
11. The Claimant rebuts the allegation the Particles of Claim are vague. Furthermore Pursuant to PD 7E, 5.2A, there is no requirement to attach documents to the Particulars of Claim as the Claimant issued the claim online. The Claimant again avers infomation could have been requested at any point after the Claimant assigned the Agreement which was two years before the claim was issued. The Defendant failed to do this.
12. The Defendant has admitted he has paid the debt to which he believes are the subject of the legal proceedings. The Defendant is put to strict proof and the Claimant requests the Defendant clarifies his Defence in that he denies knowledge of the Agreement but has also paid the Agreement in full. The Claimant submits the Defendant's Defence is not a comprehensice response to the Claim.
13. The Claimant admits the Defendant made a subject access request on xx August 2019, a copy of the request is hereto exhibited at "RC6". The response to the Defendant's request being completed on xx September 2019 a copy of the cover letter confirming this is exhibited hereto at "RC7".
14. The relationshop between the Claimant and the Assignor is that infomation such as exhibits "RC1" to "RC3" are requested and provided. The infomation is not held by the Claimant until it is request and provided. The Claimant therefore fully complied with its duties pursuant to the GDPR rules relating to requests of information.
15. The Claimant again re-iterates any request from the Assignor or the Claimant could have been made after the Assignor had occurred. The Defendant again waited until legal proceedings were served and Court deadlines were invoked.
16. The Claimant has not been in receipt of any request for the Agreement pursuant to S 77 of the Act. The allegation raised by the Defendant is rebutted and the Claimant re-iterates and infomation regarding any request is provided once it has been provided by the Assignor.
17. The Claimant only received the request for infomation pursuant to CPR 31.14 at the point the Defence was filed. The Claimant submits that all the infomation is provided in this witness statement to which was Ordered to be filed and served by a Court Order dated xx January 2020.
18. The Defendant has not suffered any detriment in the delay nor did the Claimant withhold any infomation. The Claimant awaited until all the infomation was provided by the Assignor before providing it to the Defendant. This coincided with the filing of the witness statement.
19. Furthermore the Defendant made his request pursuant to CPR 15.5 in his Defence. The Claimant rebuts the allegation it would not allow the Defendant further time to file an amended Defence. However this must be at the Defendant's own personal cost.
20. As highlighted in the previous paragraphs the Defendant's conduct prior to proceedings has resulted in legal proceedings being taken. Therefore the costs of proceedings could have been avoided if the Defendant had sought to contact the Claimant.
21. The Claimant rebuts they have not complied pursuant to CPR 16.5(4) in that it has proved the Defendant is liable for sums due under the Agreement.
22. The Defendant by the way of letter sought to accecpt the Claimants previous offer of settlement of a discoundted amount. The Claimant responded to the Defendant on xx September 2019 by way of email informing the Defendant the offer was only available prior to proceedings were issued. The letter provided a deadline and it was served to his address for him to accept.
23. The Claimant submits that the Defendant's conduct regarding the outstanding balance is inconsistent. The Claimant by this letter has sought to admit to the balance but at a reduced figure. The Claimant avers therefore the Defendant admits he is liable. A copy of this letter is exhibited hereto at "RC7".
24. The Defendant has failed to substantiate or evidence why he has failed to pay the outstanding balance that is still due and owing. For the reasons stated within this Witness Statement the Claimant avers that the Defendant's Defence is without merit and untenable.

ORDER SOUGHT

1. As no Defence disclosing any merit whatsoever has been produced by the Defendant, the Claimant respectfully invites the Court to strike out the Defence pursuant to rule 3.4 (2)(a) of the CPR. The Claimant submits that the Defendant has failed to substantiate any allegation she relies upon in her Defence.
2. The Claimant request's judgement for the Claimant in the sum of:
   1. £2,052.00 - Claimed amount;
   2. £355.00 - Fixed costs; and
   3. Cost of attendance as confirmed by the advocate at the hearing.
3. The Claimant also respectfully seeks an order that the Defendant do pay the Claimant's advocates costs of attendance pursuant to rule 27.14(2)(g) of the CPR, the costs of which will be confirmed by the advocate at the hearing. The cost being no more than the sum of £222.00 including VAT.

STATEMENT OF TRUTH
I, duly authorised on behalf of the Claimant, believe the facts stated in this witness statement are true.
Signed: ..............................
Print Name: xxxxxxxxxx
Position: Paralegal
Dated: xx January 2020

Thanks again for your time, help, and support.

[needguidance]

Good day all.

Yesterday I received an email from Lowell Solicitors Limited, with attached documents.

Dear Sirs

Our Client: Lowell Portfolio I Limited
Lowell Reference Number: xxxxxxxxx
Claim Number: xxxxxxxx

We refer to the above matter in which we act for the Claimant.

Please find enclosed witness statement which has been emailed to the Court by way of email address Enquiries.xxxxxxxxxxx@justice.gov.uk and the Defendant's email of xxxxxxxxxxx@xxxxx.com before the 16:00pm deadline on 7 February 2020.

No disrespect is intended to the Court but the Claimant respectfully requests this be placed on the Court file in compliance with the Order.

Yours faithfully
Lowell Solicitors Limited

Dear Mr xxxxxxxxxx

Our Client: Lowell Portfolio I Limited
Lowell Reference Number: xxxxxxxxx
Claim Number: xxxxxxxx

We refer to the above matter in which we act for the Claimant.

Please find enclosed witness statement for the upcoming hearing. A copy of this has been filed to the Court's email as well as served on your personal email of xxxxxxxxxxx@xxxxx.com.

Yours faithfully
Lowell Solicitors Limited

[needguidance]

Good day all.

Small update, I completed and submitted the Directions Questionnaire, I then received an email from the Small Claims Telephone Mediation Service with a contact number, it took a number of trys and being put in a que for close to an hour at a time, finally got to speak to someone only to be told there are no available appointments, and that the case would be referred back to the courts.

This weekend I recived another letter from the County Court Business Centre stating the following:

Notice of Transfer of Proceedings

To all parties

The Small Claims Mediation Team has arranged for your case to be transferred to a Hearing Centre as they were not able to arrange mediation at this time.

The claim has been transferred to the County Court Hearing Centre listed below for allocation.
On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions.
Detauks if the judge's directions will be sent to you in a notice of allocation.

If you would like any further information you can contact the local County Court Hearing Centre directly but please await the Judge's directions.

From this, I can only presume that this now means I will now be facing a day in court.

If this is the case, can anyone please advise what steps I now need to take, what paperwork I need to prepare, etc.

Thanks again.
Best Regards.

[Amethyst]

Yes, as expected, so you should now complete the DQ - some guidance https://legalbeagles.info/library/guides_and_letters/court/directions-questionnaire - and send it back to the court - with a copy to the claimant

[needguidance]

Good day all.

I have received more paperwork, this time it looks like it's come directly from the courts.
The cover letter states the following:

Notice of Proposed Allocation to the Small Claims Track

Important Notice
If you do not comply with this notice the court will make such order as appears to be appropriate, This could include striking out the claim or entering judgment.

TAKE NOTICE THAT

1. This is now a defended claim.
   The defendant has filed a defence, a copy of which is enclosed.
2. It appears that this case is suitable for allocation to the small claims track.
   If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.
3. You must by 22 November 22019 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office
   the Count Court Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northamption, NN1 2LH
   and serve copies on all other parties.

Thanks again for your time, and help

Best Regards.

[Amethyst]

You should soon receive a blank Directions Questionnaire from the court for you to complete and return. The letter from Lowell just means they have responded to the court to say they are proceeding in the case. So now the court has to tell you that and ask you to file & serve your directions questionnaire.

Directions Questionnaire

If you haven't heard from court in a week, give them a call and ask them if they've heard from claimant as you've received a DQ from them but nothing from court.

[needguidance]

Good day all.

I have received in the post from HM Courts & Tribunals Service a letter saying:

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).
The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

I have now received post from Lowell Solicitors Limited, on the cover letter it states the following:

We refer to the matter detailed at the side of this pages.

Please find enclosed a copy of the Directions Questionnaire which we have now sent to the Court.

We have agreed to mediation in our Directions Questionnaire which may result in settlement. If you agree to mediation, please ensure you tick the "yes" box in part A1 of your own Direction Questionnaire.

If you would like to settle this matter directly, our client invites you to put forward an affordable settlement to us either as a single payment or by instalments. An agreed settlement would avoid a hearing or judgment and also the associated costs being added to your debt.

We recommend that you obtain independent legal advice in order to fully understand your rights in relation to this claim. You can instruct a solicitor of your choice or obtain free legal advice from a Citizens' Advice Bureau or other legal advice centre.

Please call 0113 335 3345 if you have any queries or any proposals for settlement.

Yours sincerely
Lowell Solicitors Limited

[unluckyjim]

good info.

[Amethyst]

Yes, you should receive a letter to say " this is now a defended claim" and asking you to complete a directions questionnaire. If you have heard nothing in a month give court a call to check the status of the claim. Otherwise keep the thread updated with any further responses you receive from Lowell or Provident.

[needguidance]

Thank you: AMETHYST.

I have filled in the blanks / amended as needed, it has now been submitted.
What are the next steps, or do I just wait to hear back from the courts?

Thanks again.

[Amethyst]

Check this over and amend as required.


DEFENCE

1.The Defendant received the claim xxxxxx from the Northampton County Court Business Centre on 21st August 2019

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a loan agreement regulated under the Consumer Credit Act 1974.

4: The agreement was between the Defendant and Provident Home Finance. Provident Home Finance were a lender that offered doorstep collection loans.

5. The loan appears to have been taken out in August 2013 however the information provided by the Claimant in their particulars of claim is very limited and the Defendant is not in a position to fully plead his case.

6. It is the Defendants position that the loan was repaid in full and it is denied that any debt was remaining outstanding to Provident Home Finance. The Defendant did not receive any communications from the original lender after the loan had been repaid and the collection agent ceased to attend.

7. The Defendant, in order to find out more information about the claim, send a Subject Access Request pursuant to the Data Protection Act 2018 to the Claimant on xxxxxxxxx 2019.

8: The Claimant responded with copies of data held. This data does not appear to include a copy of the original agreement or terms, there is no default notice, detail of termination or notice of assignment, and the transaction list provided does not appear to be complete. Copies of letters provided by the Claimant appear to have originally been sent to an incorrect address and have never been received by the Defendant.

9. In the information provided only payments made to one of the original lenders collection agents appear. The Defendant made numerous payments to a second doorstep collection agent which do not appear to show in the Claimants documentation.

10. The Defendant has therefore sent a further Subject Access Request directly to the original lender, Provident Home Finance and awaits a response.

11. The Defendant sent a formal request for a copy of the original agreement pursuant to s.77 of the Consumer Credit Act 1974. The Claimant has not complied with this request and therefore is unable to enforce the agreement ( s.77(4) Consumer Credit Act 1974)

12. The Defendant also sent

a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant. This requests a copy of the Agreement, Default Notice and Notice of Assignment. The Claimant has not complied with this request.

13.It is denied that Provident Home Finance served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.


14. The Defendant has asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

15. Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead the case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

18. In summary, the Claimant's case appears vague and unsubstantiated. The alleged debt is disputed in full, there is no evidence of lawful assignment of the debt, there is no evidence of any default notice related to the debt, and the claim is denied in full.

19.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[Amethyst]

Ok we need to get your defence in ASAP as you are over time - there may have been a default judgment but if it's not showing on moneyclaim online you might get in so will get a draft sorted first thing tmw for you xx

[needguidance]

I am getting quite concerned about time restrictions, and the last thing I want is a CCJ on my credit history.
As I have no idea when it come to law or dealing with courts, I am in the dark blind.
I don't want to summit a defense that I do not understand, and or have misworded as make this worse.
The more I read, and look at forms the more my head feels like it wants to explode.

Sorry about this but I am out of my depth.
Thanks again.

[needguidance]

I was able to find an email address for Provident "informationrequests{at}provident{dot}co.uk".
I have submitted my SAR request, and received an automated response saying that it can take up to 30 days.