Lowell Court summons

[khaleesi]

Hi,

A couple of days ago we received a court summons from Lowell for a debt which states Provident for £5,180.00.

We do owe provident some money but not anywhere near that, more likely £1000 with interest.

Now both me and my partner have the same amount from Lowell in our credit files yet we never had joint loans from Provident.

Now we have gone over our debts, realised we also had a loan from a company called real personal finance as at the time our car was written off and our provident agent recommended Real personal finance to help us get a new car, we took this loan out in around 2008.

In October 2009 our provident lady told us real personal finance had gone into liquidation and to stop the direct debit as this may be money just taken and not go towards the debt and we would be contacted when the debts are taken over to start repayments again. This never happened.

we have done some research and found that Real personal finance was taken over by Provident but I do not know when and they never tried to collect payments again.

Now my problem is the court letter states Provident but we do not owe nearly that much to provident.
Can provident put all debts together and include another debt from a company they was not controlling when we took out the loan and then say last payment was the last time we paid them?

we last paid real personal finance on 1st october 2009 its on my bank statement so that should make there loan statute barred?
Are they allowed to put all debts together including those of other members of your household despite not being married?

We want to dispute this claim as we do believe it is the real personal finance one possibly that and a provident loan put together as the amounts do not add up.

If we dispute it do we need to get the proof together as we no longer have the agreements due to having moved away I am looking through tons of paperwork or would they have to prove we owe the debt and supply the paper work with last payment proof and that they are separate debts?

What proof do we have for provident as it was a doorstep lender and hand written book each time she took payment.
The real personal finance one was a monthly amount direct debit from my bank.

I am confused as to whether I have to supply the proof or that they do?

[khaleesi]

Re: Lowell Court summons

Something that also bothers me is it says under a credit card agreement? It was never a credit card agreement and the only dates on the letter state 2015.

No dates of when this agreement was taken out or any details to let us know what the hell its for.

[Kati]

Re: Lowell Court summons

Hi to LB!!
I'm sure you'll get lots of help from the knowledgeable Beagles (:bump: for @Amethyst @nemesis45 ) but to get you started, have a look through your first steps HERE.

Is there any chance you can post up a redacted copy of the claim form (or email it to me to put up)?? Or type out the Particulars of Claim from the form??

K xx

[khaleesi]

Re: Lowell Court summons

Hi to LB!!
I'm sure you'll get lots of help from the knowledgeable Beagles (:bump: for @Amethyst @nemesis45 ) but to get you started, have a look through your first steps HERE.

Is there any chance you can post up a redacted copy of the claim form (or email it to me to put up)?? Or type out the Particulars of Claim from the form??

K xx

Hi and thanks for the welcome,

The Particulars are very vague

"The claimants claim is for the sum of £5,180.00 being monies due from the defendant to the claimant under a credit card agreement regulated by the consumer credit act 1974 between the defendant and provident personal credit limited under the account reference XXXXXXXX and assigned to the claimant on 26/06/2015 notice of which has been given to the defendant.
The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.
The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at the rate of 8.00% per annum (a daily rate of £1.14 from the date of the assignment of the agreement to 04/03/2016 being an amount of £288.42"


That is what it says. We never had a credit card so I do not understand that part. The provident loans were cash and the real personal finance loan was direct into the bank

[khaleesi]

Re: Lowell Court summons

I cant find out the actual amount that was put in my account from real personal finance as my bank statements do not go back that far but I am going to ask my bank if they can go back further.

[MIKE770]

Re: Lowell Court summons

acknowledge the claim on MCOL, priority job. tick defend all!

CPR31.14 to Lowells (Opps sorry not Provy) solicitor (no fee)

CCA1974 Request to Lowell with £1.00 Postal Order on back write for CCA1974 purposes only

others will be a long to advise as well!

[khaleesi]

Re: Lowell Court summons

I dont understand what are CPR31.14? AND cca1974? How do I request them do I have to write to both?

[khaleesi]

Re: Lowell Court summons

Ive googled the info for the one direct to provident is the account number the account reference number on the claim as the template letters I have found have a space for an account number and we do not have this?

[nemesis45]

Re: Lowell Court summons

I dont understand what are CPR31.14? AND cca1974? How do I request them do I have to write to both?

Hi,

A CCA request goes to the Claimant for a copy of the agreement relevant to the account the alleged debt arises from, the £1 fee is a statutory requirement and the claimant has 12 + 2 working days to comply.

Failure to comply with the request renders the debt unenforceable UNTIL the agreement is provided.

A Request under the provisions of Civil Procedure Rule 31 .14 is for " inspection of the documents that are mentioned in the particulars of the claim (POC) e.g. the agreement/contract, a notice of assignment a default notice.

This has no fee and is sent to the claimants solicitors, a 7 day time scale applies.

See short cuts in the green box above,

Hope this helps.

nem

[khaleesi]

Re: Lowell Court summons

Ok so lowell has bought the debt do I send both letters to lowell or still one of them to provident and the other to lowell or their solicitors?

I have just done templates of the letters added in the details and printing them off to send on my way to work.

[khaleesi]

Re: Lowell Court summons

Thanks for all your help.

Letters printed and in envelopes, 1 left open to add a postal order and as soon as I am sorted for work I will go to the post office on the way and send both by recorded delivery.

[nemesis45]

Re: Lowell Court summons

Ok so lowell has bought the debt do I send both letters to lowell or still one of them to provident and the other to lowell or their solicitors?

I have just done templates of the letters added in the details and printing them off to send on my way to work.

CCA to Lowell, and CPR to the solicitors. Provident has no interest in the debt now so you don't send them anything.

nem

[khaleesi]

Re: Lowell Court summons

OK thanks it has been changed and re printed

[khaleesi]

Re: Lowell Court summons

We sent both letters off Friday and both have been signed for this morning, we have printed off the signatures.

My partner responded to the court on-line Friday night after work, he said he intended to defend and just wrote a breif reply for reason of defence was he did not believe he owed the money as it stated credit card and he has never had a credit card with them and that he had send letters to both solicitors and lowell but it was only a brief reply. Did he do the right thing? What happens next? Will we then have to give a full defence or will they only take what he briefly replied? Does the court reply to the reason of defence?

We had nothing to say its now extended to 28 days.

[MIKE770]

Re: Lowell Court summons

to my mind you jumped the gun??? but not fatal?