Received Claim Provident/Lowell

[Stu]

Re: Received Claim Provident/Lowell

You MUST go by the courts time scales don't take Lowell's "we've put it on hold" as they would get judgement against you...

As long as you have proof of posting and a signature from the other end that's great, you've done your job... Don't be chasing the CCA request as if they can't provide it they can't enforce it

But start preparing your defence now

[pcrgdaddy]

Re: Received Claim Provident/Lowell

You MUST go by the courts time scales don't take Lowell's "we've put it on hold" as they would get judgement against you...

As long as you have proof of posting and a signature from the other end that's great, you've done your job... Don't be chasing the CCA request as if they can't provide it they can't enforce it

But start preparing your defense now

Hello Stu,

Thanks for your reply,

Exactly what MCOL said dont allow the 13 days to expire regardless of a mutual agreement.

Yes i feel it was just a quick tactic to run me out of time

I will not chase the CCA request no more, How can they lose my CPR request? Below is both requests with different tracking numbers been signed at same time

Proof of delivery

Date:26 July 2016, 08:53amPrinted nameAREK
Proof of delivery

Date:26 July 2016, 08:53amPrinted nameAREK
I only have 13 days to get this paperwork and submit a defense, I am unable to submit a defense as it stands now
Can somebody help me write one ready as i aint going to receive anything in time.

Thank You

[Stu]

Re: Received Claim Provident/Lowell

What were the particulars of claim buddy?

[pcrgdaddy]

Re: Received Claim Provident/Lowell

What were the particulars of claim buddy?

Hi Stu

Here are the POC word for word below

1, The defendant entered into a consumer credit act 1974 regulated agreement with provident personal credit limited under account reference xxxxxxxxxx ( The Agreement)

2, The defendant failed to maintain the required payments and a default notice was served and not complied with

3, The agreement was later assigned to the claimant on 31/10/2015 and notice given to defendant

4, Despite repeated requests for payment the sum of £770.00 remains due and outstanding, And the claimant claims

A, The sum of £770.00 B, Interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, Accruing at a daily rate of £0.169, but limited to one year, Being £43.20
C, Costs

Provident have been in contact today since my last post to advise my complaint is now with a official complaints handler and that they will be contacting Lowell portfolio 1 to have this court proceedings placed on hold until they can deal with my complaint something they have already requested and seen off by lowell, Lets hope its more of tell than ask this time from provident. I have also sent a medical report as well to provident to support my vulnerability at that time

Thanks for your continued support, Much appreciated

[Stu]

Re: Received Claim Provident/Lowell

As said no matter what anyone else says you must stay by the courts time scales..

If any of the more knowledgeable ones could have a look at the below it may be ok for your defense as you have not done one before.. But im still new to this as well so may need tweaking

[Stu]

Re: Received Claim Provident/Lowell

Claim No ABCD1234 .

Between Lowell ........ Claimant

and

(Your name) ......... Defendant


1: I received the claim Claim number ABCD1234 from the Northampton County Court on 00/00/2016.

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

3: This claim is for an agreement regulated under the Consumer Credit Act 1974 with Provident

4:The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5:The particulars of claim fail to state when the agreement was entered into.

6: The Claimants statement of case states that the account was assigned from provident to Lowell on 00/00/201?. The Defendant does not recall receiving notice of this assignment.

7: It is denied that Provident finance company 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.

8: On the 00/00/2016 I sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to (Solicitors). I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9: (Solicitors) have not sent any of these documents to me.

10: On 00/00/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11: The Claimant has failed to comply with s 78 (1)] Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12: Under 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.

13: I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14: In the event that the relevant documents are received from the Claimant's I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

15: 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 Defense are true.

Signed (your name)

[pcrgdaddy]

Re: Received Claim Provident/Lowell

Claim No ABCD1234 .

Between Lowell ........ Claimant

and

(Your name) ......... Defendant


1: I received the claim Claim number ABCD1234 from the Northampton County Court on 00/00/2016.

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

3: This claim is for an agreement regulated under the Consumer Credit Act 1974 with Provident

4:The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5:The particulars of claim fail to state when the agreement was entered into.

6: The Claimants statement of case states that the account was assigned from provident to Lowell on 00/00/201?. The Defendant does not recall receiving notice of this assignment.

7: It is denied that Provident finance company 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.

8: On the 00/00/2016 I sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to (Solicitors). I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9: (Solicitors) have not sent any of these documents to me.

10: On 00/00/2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11: The Claimant has failed to comply with s 78 (1)] Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12: Under 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.

13: I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14: In the event that the relevant documents are received from the Claimant's I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

15: 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 Defense are true.

Signed (your name)

Thank you so much Stu for this defense its much appreciated

Would also appreciate if somebody could just give it a once over before i fill it all in and submit.

Provident has contacted me to let me know they have put it on hold with lowell & lowell solicitors but after contacting the court and lowell solicitors its only one of these internal holds an indefinite one so means nothing again as court has once again told me to submit my defense,

I asked provident last week to confirm if the agents daughter was registered as a deputy as she used to collect on behalf of her mother on a Friday, Provident complaints team came back to me to inform me that the daughter was NOT registered as a deputy and the local office has confirmed this, It has been going on for over 2 years and the daughter has had access to hundreds of customers details by being in possession of the agents book, I have advised provident its a breach of the data protection act and they have put my family at risk as we invited this person in to our home all this time.

I contacted lowell portfolio 1 to make a complaint which i was told i cant as the account is with lowell solicitors and they have nowhere to record my complaint as account is locked, They suggested i took my complaint to lowell solicitors, I advised that lowell solicitors is not regulated by FOS and the complaint relates to them and they should be taking it from me and accused the agent of being non compliant, She went off to speak with her manager then came back to advise her manger has also said they cant take the complaint and i need to take it up with lowell solicitors after 45 minutes trying to get them to take this complaint i gave up, I contacted the ombudsman the next day who raised it on my behalf, They still unable to find the CPR request i sent to them but admitted now they did get it, I did not mention throughout the 45 mins at one point i was put on loud speaker and the agent started to show off in front of all her colleagues, Once this complaint is over ill post up the recorded call for everyone to hear how lowell which claims to uphold all these regulations act on the phone.

[charitynjw]

Re: Received Claim Provident/Lowell

Don't forget to enter the correct dates (paras 1, 6, 8 & !0)

[pcrgdaddy]

Re: Received Claim Provident/Lowell

Don't forget to enter the correct dates (paras 1, 6, 8 & !0)

Thank you for your message

All Amended and sent

[pcrgdaddy]

Re: Received Claim Provident/Lowell

Update

Sorry for not replying sooner been busy with baby and job interview

My defense has now been submitted with the court and received letter in post to confirm. Thank you Stu for this much appreciated

I need clarification on an issue which has arisen with provident, In the subject access request they have not included the default notice in the letter sent with this request they say, "As you already been in receipt of any default notice or enforcement notices that have been sent, We are not required to provide this information" They have told me its up to the buyer of the account to issue this notice, I have told them is this incorrect and they are now waiting to hear back from a certain department for clarification. So basically they are saying its up to lowell to send me a deafult notice,

Provident has said they will be in touch tomorrow with a final resolution after its been finalized by legal team, I have more than proved my case and and they have admitted serious breaches of the DPA which i understand they will be taking advice and reporting this breach as it involves hundreds of people They said do you realize the implications for the company once you walk away from this, They were not too happy me proving the DPA breach after goading me to prove it, Which i did beyond any reasonable doubt, Falsification of documentation also proved beyond any reasonable doubt,

In light of recent events i have decided to go for the job i really worked hard to get and will not let them get in my way as i have plenty of evidence which i believe will carry me home should i need to take this further, I will update tomorrow when i have the final response

In the meantime would be grateful if somebody can confirm if they should of sent me a default notice and if they can withhold this from my subject access request as stated above? I also found out yesterday my account had been sold to westcot previously before Lowell , Thank you

[charitynjw]

Re: Received Claim Provident/Lowell

Hi pcrgdaddy

I have read elsewhere that creditors do not hold copies of DNs.
Apparently, they just keep a file note that one has been sent, the amount & the date of sending etc.
I don't know whether all creditors do the same, but from memory it does seem to be an industry standard.
It will be interesting to see what the legal team has to say.

[pcrgdaddy]

Re: Received Claim Provident/Lowell

Hi pcrgdaddy

I have read elsewhere that creditors do not hold copies of DNs.
Apparently, they just keep a file note that one has been sent, the amount & the date of sending etc.
I don't know whether all creditors do the same, but from memory it does seem to be an industry standard.
It will be interesting to see what the legal team has to say.

Hello Charitynjw,

I cannot remember receiving such notice, Surely they should be able to provide a copy of the original should such disputes arise? Anyone can say we sent it on this date and time, How do i know the account was not sold before the default notice expired? Complaints team are now saying its up to lowell/westcot to send default notice? I always thought the default notice gives you an opportunity to put things right before account being sold or taking any other action?

If the shoe was on other foot and it was the consumer who had to prove something was sent would they accept hearsay of a time and date as evidence?

Thanks

[charitynjw]

Re: Received Claim Provident/Lowell

In the example given above, I believe that the Claimant produced a signed statement of truth from an employee of the original creditor which stated that a search of the file was carried out on (date) & according to the record a DN was sent; further, it was the company's policy to send it in (designated format).
In the absence of evidence to the contrary, this was accepted by the court.
That said, as you SAR'd them you should have been given any personal data held in any format.