Lowell Court summons

[khaleesi]

Re: Lowell Court summons

OK thank you.


So I tick yes to mediation and fill in contact details.
Yes to the small claim track
choose a venue nearer
No to expert advice
Number of witnesses just 1 my partner
I cant say when he can and cant attend court due to his shift patterns they change weekly as he is on a management rota which well rotates continuously for a big company but he can sort something out.
No to interpreter
Then sign it and send it back




Had a letter from BW legal today it literally just says our client intends to continue with the claim and has a copy of what they sent to court which says the same thing that they intend to continue.


What do I do with the non compliance to the CCA request and the fact BW legal still havent sent anything either.
Do we write to them again or just leave it and let it continue its course.
I am guessing mediation will contact us first and when we tell them we can not proceed as not had the credit agreement or any information on the debt yet then they will not be able to help?


What still puzzles me is I have the exact same debts on my credit file as my partner for this Provident saying 3,080 with same dates as the Lowell one which says 5,180 he has the exact same amounts and dates from both. Provident do not offer joint loans so again I feel this debt is the one from real personal finance which is statute barred. Last payment was 2009 because the company disolved and provident took over them but never asked us to repay that loan. I hate all this confusion. Also both the loans seem to not be connected via our credit accounts like our joint accounts are? Why are credit files so bloody confusing.

Anyway I am rambling on
Thank you so much for your time.

[nemesis45]

Re: Lowell Court summons

OK thank you.


So I tick yes to mediation and fill in contact details.
Yes to the small claim track
choose a venue nearer
No to expert advice
Number of witnesses just 1 my partner
I cant say when he can and cant attend court due to his shift patterns they change weekly as he is on a management rota which well rotates continuously for a big company but he can sort something out.
No to interpreter
Then sign it and send it back




Had a letter from BW legal today it literally just says our client intends to continue with the claim and has a copy of what they sent to court which says the same thing that they intend to continue.


What do I do with the non compliance to the CCA request and the fact BW legal still havent sent anything either.
Do we write to them again or just leave it and let it continue its course.
I am guessing mediation will contact us first and when we tell them we can not proceed as not had the credit agreement or any information on the debt yet then they will not be able to help?


What still puzzles me is I have the exact same debts on my credit file as my partner for this Provident saying 3,080 with same dates as the Lowell one which says 5,180 he has the exact same amounts and dates from both. Provident do not offer joint loans so again I feel this debt is the one from real personal finance which is statute barred. Last payment was 2009 because the company disolved and provident took over them but never asked us to repay that loan. I hate all this confusion. Also both the loans seem to not be connected via our credit accounts like our joint accounts are? Why are credit files so bloody confusing.

Anyway I am rambling on
Thank you so much for your time.

Lowell will go right to the wire even if they don't have the agreement to hand. Without the agreement or a compliant reconstituted one they cannot enforce the debt.

You can chase the CPR request but leave the CCA request alone.

The HMCTS Small Claims Mediation Service will contact you and ask questions before setting up an appointment for a telephone mediation. If you don't have the agreement the mediator can decline the mediation.
nem

[khaleesi]

Re: Lowell Court summons

So they will take it all the way to court? I am guessing this is there way of scaring people and 9 times out of 10 people crumble and pay them without knowing the legal ins and outs!

So it gets to court and we have not seen the documents and agreement and they can not produce them does it then just get closed?

[khaleesi]

Re: Lowell Court summons

So mediation called us a few weeks ago and said they would not proceed without the agreement.
Courts we asked for then contacted us and we called them and they said to email them with the details about not having the agreement and the requests we sent and they would add it to our defence. We did that and have now had a letter from the court with instructions:

IT IS ORDERED THAT
1, The claimant shall by 4pm on 1st July 2016 file and serve:-

(i) Full particulars of the agreement relied upon to include details of the contracting parties, date agreement and terms thereof, to include a copy of the agreement.

(ii) Details of how the claim is quantified, to include a statement of account.

(iii) Details of the last payment made to the account.

(iv) Details of the assignment(s) leading to the claimants entitlement to pursue the debt,

2. The defendant shall by 4pm on 15th July 2016 file and serve a further defence to the claim in response to the claimants compliance with paragraph 1 of this order.

3. The claim will be referred back to district Judge/ Deputy District Judge forwith on the expiry of 35 days.

So I am guessing its just waiting until they send or fail to send the documents now the court has instructed which we believe is not even a debt with provident but one with real personal finance who went insolvent over 6 years ago when we was instructed not to pay due to the company doing this and was never asked for the money again.

[nemesis45]

Re: Lowell Court summons

So mediation called us a few weeks ago and said they would not proceed without the agreement.
Courts we asked for then contacted us and we called them and they said to email them with the details about not having the agreement and the requests we sent and they would add it to our defence. We did that and have now had a letter from the court with instructions:

IT IS ORDERED THAT
1, The claimant shall by 4pm on 1st July 2016 file and serve:-

(i) Full particulars of the agreement relied upon to include details of the contracting parties, date agreement and terms thereof, to include a copy of the agreement.

(ii) Details of how the claim is quantified, to include a statement of account.

(iii) Details of the last payment made to the account.

(iv) Details of the assignment(s) leading to the claimants entitlement to pursue the debt,

2. The defendant shall by 4pm on 15th July 2016 file and serve a further defence to the claim in response to the claimants compliance with paragraph 1 of this order.

3. The claim will be referred back to district Judge/ Deputy District Judge forwith on the expiry of 35 days.

So I am guessing its just waiting until they send or fail to send the documents now the court has instructed which we believe is not even a debt with provident but one with real personal finance who went insolvent over 6 years ago when we was instructed not to pay due to the company doing this and was never asked for the money again.

The information on that Real PF accounts is of interest can you tell me who advised you not to not to pay might be useful Khaleesi.


nem

[khaleesi]

Re: Lowell Court summons

I am not 100% sure who it was.

Back in August 2009 we used to have bank payments going out to real personal finance for a loan for a car as we needed a car for work.
Provident at the time worked in conjunction with them and had recommended them to us as bigger loans.
Our provident lady at the time told us about them going into liquidation and advised any payments to them now may not come off the debt. We contacted real personal finance who put us in touch with the liquidators though we never had anything written from them they did say they were liquidating the company and any payments would go to their debts so we cancelled expecting who ever took over to contact and they never did. Next we know provident are chasing us for a loan we could not make head nor tail of the amount, both me and my partner had this same debt on our credit files for both provident and lowell with the same dates which did not ring true and £2100 difference in amounts. Both lowell and provident despite disputes keep updating my file. When you now search real personal finance you can see they are part of provident but no details on the liquidation or being an independent company. But we have a few download of bank statements showing the final payments to real personal finance. The last payment was on 1st September 2009 so over 6 years ago. My bank only shows statements for the last 7 years and I have asked for past statements but they said they do not keep them longer than that.

Fact of the matter is we have no proof apart from some final payments but they need proof we had a loan from provident for that amount and provide a copy of the agreement in the dates they have on out credit file.

[nemesis45]

Re: Lowell Court summons

I am not 100% sure who it was.

Back in August 2009 we used to have bank payments going out to real personal finance for a loan for a car as we needed a car for work.
Provident at the time worked in conjunction with them and had recommended them to us as bigger loans.
Our provident lady at the time told us about them going into liquidation and advised any payments to them now may not come off the debt. We contacted real personal finance who put us in touch with the liquidators though we never had anything written from them they did say they were liquidating the company and any payments would go to their debts so we cancelled expecting who ever took over to contact and they never did. Next we know provident are chasing us for a loan we could not make head nor tail of the amount, both me and my partner had this same debt on our credit files for both provident and lowell with the same dates which did not ring true and £2100 difference in amounts. Both lowell and provident despite disputes keep updating my file. When you now search real personal finance you can see they are part of provident but no details on the liquidation or being an independent company. But we have a few download of bank statements showing the final payments to real personal finance. The last payment was on 1st September 2009 so over 6 years ago. My bank only shows statements for the last 7 years and I have asked for past statements but they said they do not keep them longer than that.

Fact of the matter is we have no proof apart from some final payments but they need proof we had a loan from provident for that amount and provide a copy of the agreement in the dates they have on out credit file.

Hi Khaleesi,

I think they will have problems getting any form of agreement /contract on this debt.
I recall others being " left in the lurch " when RPF was liquidated and rumour had it the Provident had " acquired" some of the debts but no customers were ever contacted by Provident which then sold the accounts on.

Again my opinion the alleged debt is statute barred.

nem

[khaleesi]

Re: Lowell Court summons

That is what we believe also but with the false dates and amounts on both our credit files but the debt not showing as joint and them only chasing one of us for it I think I have a longer battle than just this fight because I want it removed off both our credit files. Guess that is a fight for after July and this court battle.

[khaleesi]

Re: Lowell Court summons

So it is the 1st although not yet 4pm.

Anyway I am confused did what the court ordered mean they had to provide us with what is stated above or only the court? We have till the 15th to file and serve a defence in response to paragraph one in what I added above. Does that mean we should have received it also by July 1st at 4pm? How can we file and serve a defence if we still do not know what we are defending as no proof has been sent to us?

I want to make sure I get this defence right.

[nemesis45]

Re: Lowell Court summons

So it is the 1st although not yet 4pm.

Anyway I am confused did what the court ordered mean they had to provide us with what is stated above or only the court? We have till the 15th to file and serve a defence in response to paragraph one in what I added above. Does that mean we should have received it also by July 1st at 4pm? How can we file and serve a defence if we still do not know what we are defending as no proof has been sent to us?

I want to make sure I get this defence right.

If the court order is to file the documents mentioned in the order by a specific time on a specific day then that's what must happen, the court may impose a sanction of the order is not complied with.

nem

[khaleesi]

Re: Lowell Court summons

What I am confused about is do they file it straight to the court or should we receive a copy so we can answer our defence? File and serve to me means to the court but we can't defend what we can't see?

[Amethyst]

Re: Lowell Court summons

File is to the court, serve is on the other parties to the claim. So yes you should have a copy.

Speak to the court on Monday and see if they have received anything and tell them you have not.

1, The claimant shall by 4pm on 1st July 2016 file and serve:-

(i) Full particulars of the agreement relied upon to include details of the contracting parties, date agreement and terms thereof, to include a copy of the agreement.

(ii) Details of how the claim is quantified, to include a statement of account.

(iii) Details of the last payment made to the account.

(iv) Details of the assignment(s) leading to the claimants entitlement to pursue the debt,

Doesn't seem to be a sanction on that order, just that the case is referred back to the judge.

2. The defendant shall by 4pm on 15th July 2016 file and serve a further defence to the claim in response to the claimants compliance with paragraph 1 of this order.

You only file a defence IF they comply with para 1.

[khaleesi]

Re: Lowell Court summons

Thankyou. Mind at rest

[khaleesi]

Re: Lowell Court summons

So they failed to file. Court told us they failed to comply but it is now to be passed back to the original court.

We have had no letter to say case is closed yet

But I received a letter from Lowell with a statement of arrears for the same debt.
I guess they are going to try take me to court now.

Can I put a stop to it going any further now that they have failed to prove the debt?
Id like to get it removed of both mine and my partners credit file and stop them chasing us any further.

[nemesis45]

Re: Lowell Court summons

So they failed to file. Court told us they failed to comply but it is now to be passed back to the original court.

We have had no letter to say case is closed yet

But I received a letter from Lowell with a statement of arrears for the same debt.
I guess they are going to try take me to court now.

Can I put a stop to it going any further now that they have failed to prove the debt?
Id like to get it removed of both mine and my partners credit file and stop them chasing us any further.

Hi,

So the claim has not been stayed?

It's being referred to your local court for a judge to issue directions as to what the claimant must do e.g. disclose the documents within a certain period.

Just have to wait for the judge to make an order.

nem