Lowell Solicitors / Provident Personal Credit Limited

**MIKE770** · 28th August 2019, 21:05:PM

Acknowledge Claim

tick defend all do not do a defence yet>

CCA Request with £1.00 to provident Recorded delivery
CPR 31.14 Request to lowells solicitors asking for documents listed in court form only

**needguidance** · 24th September 2019, 19:36:PM

Thank you for your reply, and guidance.
I have received in the post a pack of paperwork and copy of letters sent out, 118 pages in total.
Most of the paperwork makes no sense to me, and looks to be some kind of internal logging system in basic text (notepad) format.
Nowhere within the pack is a copy of the agreement.
Within the pack there is 20 letters dated between October 2018 and May 2019 with my name, but have been sent to another address.
I have lived at the same address since 2005, so i have no idea why they have been sending letters to another address.

Any advise is always greatly appreciated.

**needguidance** · 29th September 2019, 15:51:PM

Can anyone please advise where to go from here?

Thanks in advance.

**Amethyst** · 29th September 2019, 18:17:PM

Was that bundle of documents sent to you by Providebt /Vanquis from a SAR or from Lowell in response to your CCA /CPR requests ?

What date is your defence due ?

If you've had no copy of the agreement you can use the standard defence to start with - https://legalbeagles.info/library/gu...-court-claims/

Does the bundle of docs show any default notice at all ?

**needguidance** · 29th September 2019, 21:38:PM

Thank you for your reply and time.

The cover letter with the pack was from Lowell Financial Ltd and states the following:

Following your subject access request dated xxxxxx, we have reviewed the information in our possession and control and confirm the we process your personal information.
Lowell Portfolio I Ltd bought your accounts and Lowell Financial Ltd is managing your accounts on their behalf. This response relate to the information held by Lowell Portfolio I Ltd, Lowell Financial Ltd, and Lowell Solicitors Ltd.
We enclose paper copies of the personal information we hold.
Please note that in accordance with data protection legislation, we have deleted any names or other information which could identify other people. We have also not included any information which is subject to legal professional privilege or any of the other exemptions available.
We record calls for the purposes of resolving issues on your accounts, training and to improve our quality and service standards. If we do record a telephone call, we keep that call recording for 18 months. Details of the call recordings we currently hold in respect of your accounts are set out in the enclosed documents. Our agents also makes notes of what has been discussed during the call. These notes are set out in the 'Matter History Print' section of your enclosed documents.
If you would like more information, or if you're not happy with the way that we have dealt with your request, please contact our Data Protection Officer.

If I am correct that I have 28 days from my acknowledgment of service, that would make my defense due on 01/10/2019.

I could not find a default notice within the pack, only letters from Lowell saying the amount due, there internal notes, etc.

**Amethyst** · 29th September 2019, 21:57:PM

Okay, defence is 28 days from service ( date you received the claim, or 33 days from the date of issue printed on the claim form)

Did you send a SAR to Provident/Vanquis too or just Lowell ? Did you send the CCA and CPR requests to Lowell ?

I think in your first post you are saying that you were paying the second collector for some time until they stopped showing up, and then when checking your account none of the payments you had made to this second collector had been allocated to your account ? Does that scan with the transaction lists you've received from Lowell ?( or is their stuff only from after they were assigned the debt ?)

**needguidance** · 30th September 2019, 04:27:AM

I have only sent correspondence to Lowell, should I also contact Provident/Vanquis?

That is correct we do not believe that any of the payments make to the second collector have been added to the account.
From memory the weekly payments was either £15 or £20, This ties up with the transaction list as most payments are £20.
There is a lack of payments recorded on the transaction lists, and both my wife and I recall making larger then the agreed payments to the second collector (>£50), but these are not on the transaction list.
The transaction lists supplied by Lowell does not state the collectors name, it just says "Agent Collection", the amount, date, account details, etc.

**Amethyst** · 30th September 2019, 07:06:AM

Ok - we'll include that in the defence but get a SAR off to Provident today.

In not providing the agreement or default notice Lowell are going to have problems - I'll get a draft defence together for you - I'm not sure if the issue date of your claim but as you posted first on 28th August I'd guess it's due about now. Log in on moneyclaim online and check you haven't missed the deadline and let us know.

Also approx when did you take out the loan and when is the last payment showing on the account info sent by Lowell ?

**needguidance** · 30th September 2019, 18:55:PM

I will do a SAR for Provident, I can't find a email address, so I will sent the SAR via post.

I have just logged into moneyclaim and it says the following:
A claim was issued against you on 14/08/2019
Your acknowledgment of service was submitted on 28/08/2019.
Your acknowledgment of service was received on 29/08/2019.

The loan was taken out in August 2013, and Lowell claim that we only made 14 payments, and the last payment was at the end of November 2013.

**needguidance** · 1st October 2019, 18:08:PM

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.

**needguidance** · 2nd October 2019, 18:18:PM

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.

**Amethyst** · 2nd October 2019, 22:21:PM

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

**Amethyst** · 3rd October 2019, 09:24:AM

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 ________________________________

**needguidance** · 3rd October 2019, 20:59:PM

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.

Lowell Solicitors / Provident Personal Credit Limited