Lowell Court summons

[khaleesi]

Re: Lowell Court summons

No that part has been done.

Local court directed them to file and serve the original documents by 1st July, we was ordered to defend by 15th July,
They failed to comply so we called court who confirmed they had failed and we did not need to do anything but we could send an email just so it was on record that they had not sent anything. The original letter stating that they must file and serve said "3. The claim will be referred back to district Judge/ Deputy District Judge forwith on the expiry of 35 days." So I am guessing we are still waiting for the 35 days to be up.

But they have already started to send me statements for the exact same debt so I am guessing next step is to try take me to court. The exact same debt is on both mine and my partners credit file, Same amount, same dates, same original provider. But they do not state they are a joint debt so showing as us both owing the same money which is definitely false because we believe the debt is statute barred, not from provident who they claim its from but in fact a joint debt we had with real personal finance.

I would like to stop them even trying to take me to court but not sure how to stop it?
I want them to remove the files from both our credit reports as they are false and they can not prove it. Is this possible to do?
I would rather not spend another 6 months back and forth with them as we have just done.

[nemesis45]

Re: Lowell Court summons

No that part has been done.

Local court directed them to file and serve the original documents by 1st July, we was ordered to defend by 15th July,
They failed to comply so we called court who confirmed they had failed and we did not need to do anything but we could send an email just so it was on record that they had not sent anything. The original letter stating that they must file and serve said "3. The claim will be referred back to district Judge/ Deputy District Judge forwith on the expiry of 35 days." So I am guessing we are still waiting for the 35 days to be up.

But they have already started to send me statements for the exact same debt so I am guessing next step is to try take me to court. The exact same debt is on both mine and my partners credit file, Same amount, same dates, same original provider. But they do not state they are a joint debt so showing as us both owing the same money which is definitely false because we believe the debt is statute barred, not from provident who they claim its from but in fact a joint debt we had with real personal finance.

I would like to stop them even trying to take me to court but not sure how to stop it?
I want them to remove the files from both our credit reports as they are false and they can not prove it. Is this possible to do?
I would rather not spend another 6 months back and forth with them as we have just done.

Hi Kahleesi,

You already been taken to court, and the claim progresses it seems now the judge is considering or will be considering how the claim should be dealt with if the claimant does not respond .

These statements are they just Lowell's internal statements?

Statute Barred does not mean that the debt does not exist only that it cannot be enforced in court. A statute barred debt can /will be reported on credit files if the default has any time to run in the six year period allowed for reporting.

If as you say this debt actually arises from another account do you have any evidence of this?

[khaleesi]

Re: Lowell Court summons

No I have no evidence because they went into liquidation and we have since moved house.

The problem is the amount does not add up
The fact it says its a provident debt they bought does not add up
and the dates do not add up because we had already moved house when they have applied the default date which is a year after they went into liquidation.

The only thing the amount adds up to is the real personal finance loan which they liquidated in 2009. I have proof of last payment as I have downloaded the bank statements, I tried to get the statements from the initial loan payment to us but the bank does not keep statements longer than 6 years so there is no way to get the original amount.

I feel they have added dates on just so they can claim the debt because none of it adds up and I am sick of the letters and me being in tears over this.


The date the default on the account says November 2010. We moved into our new house in June 2010 and have never had a loan or any defaults whilst at this address.

The statement is from Lowell saying I am in arrears with all the exact info the one to my fiance exact date, amount, original creditor. I have never had anywhere near that amount from Provident I thought they only did loans up to £1000 anyway

[nemesis45]

Re: Lowell Court summons

No I have no evidence because they went into liquidation and we have since moved house.

The problem is the amount does not add up
The fact it says its a provident debt they bought does not add up
and the dates do not add up because we had already moved house when they have applied the default date which is a year after they went into liquidation.

The only thing the amount adds up to is the real personal finance loan which they liquidated in 2009. I have proof of last payment as I have downloaded the bank statements, I tried to get the statements from the initial loan payment to us but the bank does not keep statements longer than 6 years so there is no way to get the original amount.

I feel they have added dates on just so they can claim the debt because none of it adds up and I am sick of the letters and me being in tears over this.


The date the default on the account says November 2010. We moved into our new house in June 2010 and have never had a loan or any defaults whilst at this address.

The statement is from Lowell saying I am in arrears with all the exact info the one to my fiance exact date, amount, original creditor. I have never had anywhere near that amount from Provident I thought they only did loans up to £1000 anyway

The credit reference data is not against an address it is " personal data" moving house makes no difference to when the default was registered Khaleesi as the debt/account will move with you.

nem

[khaleesi]

Re: Lowell Court summons

The debt is in our names but the date of default is after we moved house and a year after real personal finance went bust. We stopped paying when they went bust so they have said the default is about 15 months after the last payment date.