Lowell Claim help please

[Nobog]

I'm posting on behalf of my partner as she can't mentally cope with this sort of thing.

She received a court claim in the post on the 26th August just minutes before we were about to go away for a week. Now we're back we obviously need to deal with it as quickly as possible.

The claim is for an alleged debt originally with Provident

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Provident Personal Credit Limited under account reference XXXXXX ('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 the Defendant.
4) Despite repeated requests for payment, the sum of £9xx.xx remains due and outstanding.

And the Claimant claims
a) The said sum of £9xx.xx
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 £0.2xx, but limited to one year, being £6x.xx
c) Costs

I have just posted the acknowledgment of service stating that she intends to defend the claim.

I am now writing the CPR 31 request and CCA request letters using the templates on this site, but am struggling a bit with understanding parts of them.

The CPR 31 request template includes this line: "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X"

I am unsure what date I am supposed to put in as the date for filing the defence.

Also, who do I send the CPR 31 request to? Do I send it to Lowell Portfolio 1 LTD or to Lowell Solicitors LTD? It says in the template "Claimants Name and Claimants Address", the claimant is Lowell Portfolio 1 LTD but reading other posts it says to send it to the solicitor??

Can I send a cheque from my cheque book for the £1 payment for the CCA request? Who should I make it payable to?


Sorry if these are daft questions but to be honest, I'm struggling to understand the whole process as I've never had to deal with anything like this before.

Thanks in advance for any help

N

[Nobog]

Re: Lowell Claim help please

Can anyone help please?

[MIKE770]

Re: Lowell Claim help please

look in the box above thread in green circled and go to and find CPR31.14 request the contents should only request items mentioned on the N1 court form, which you probably find listed in the template

always send request Recorded Delivery and attach receipt to copy letters etc

[Nobog]

Re: Lowell Claim help please

look in the box above thread in green circled and go to and find CPR31.14 request the contents should only request items mentioned on the N1 court form, which you probably find listed in the template

always send request Recorded Delivery and attach receipt to copy letters etc

Thanks, I've done that, got the templates and adjusted them to suit but I'm unsure on these points:

I am unsure what date I am supposed to put in as the date for filing the defence.

Also, who do I send the CPR 31 request to? Do I send it to Lowell Portfolio 1 LTD or to Lowell Solicitors LTD? It says in the template "Claimants Name and Claimants Address", the claimant is Lowell Portfolio 1 LTD but reading other posts it says to send it to the solicitor??

Can I send a cheque from my cheque book for the £1 payment for the CCA request? Who should I make it payable to?

[Amethyst]

Re: Lowell Claim help please

Defence date would be 33 days from the date of issue printed on the claim form. ( Check your dates )

The CPR request would go to Lowell Solicitors Ltd.

The CCA Request goes to Lowell Portfolio.

Yes you can use your cheque book. I'd just put Lowell.

You've acknowledged the claim okay haven't you ?

Was this a doorstep type loan originally ?

Any issues with it or simply a case of running out of money/will to pay it. When was last time you had anything to do with it ? Over six years ago ?

[MIKE770]

Re: Lowell Claim help please

CPR request to Lowells solicitors as per issuer use their full address not P.O. Box one)

CCA1974 request by cheque or postal order (marked for CCA1974 purposes only - postal order better be seem happy to use. send to lowells direct as they own the debt now,

[Nobog]

Re: Lowell Claim help please

Defence date would be 33 days from the date of issue printed on the claim form. ( Check your dates )

The CPR request would go to Lowell Solicitors Ltd.

The CCA Request goes to Lowell Portfolio.

Yes you can use your cheque book. I'd just put Lowell.

You've acknowledged the claim okay haven't you ?

Was this a doorstep type loan originally ?

Any issues with it or simply a case of running out of money/will to pay it. When was last time you had anything to do with it ? Over six years ago ?

Date of issue was 19th August. It was received on 26th August!

Acknowledgement of service was posted on Monday 5th Sept.

Yes, doorstep loan. January 2013. First 10 or so payments collected ok by visiting collector then he ran off with the money!

Despite several promises of a new collector visiting to collect the payments they never sent anyone. Provident also said that they had inaccurate records of what payments had actually been collected and requested the payment book be returned for them to check. They never returned the original payment book and sent her a new one with no records of payments entered into it. After a few more failures of a collector to attend her address they seemed to stop contacting her.

Since August 2013 it's been bounced around different DCA's finally ending up with Lowell.

- - - Updated - - -

CPR request to Lowells solicitors as per issuer use their full address not P.O. Box one)

CCA1974 request by cheque or postal order (marked for CCA1974 purposes only - postal order better be seem happy to use. send to lowells direct as they own the debt now,

I posted it to the PO Box address as listed on the claim form. There were no other addresses on any of the paperwork I've looked through.

[MIKE770]

Re: Lowell Claim help please

Address: 9, Ellington House, Leeds Valley Park West, Savannah Way, Leeds LS10 1AB for future reference!

[Nobog]

Re: Lowell Claim help please

Address: 9, Ellington House, Leeds Valley Park West, Savannah Way, Leeds LS10 1AB for future reference!

That's the address for Lowell Portfolio 1 Ltd. That's where I sent the CCA request.

The CPR31 was sent to the solicitors at the PO box address.

[MIKE770]

Re: Lowell Claim help please

yes I know, PO Box is just mailing address, the main office is leeds, ok it should get there anyway, but experience has shown that Recorded delivery at PO Boxes are suspect or many occasions not signed for. the main Lady solicitor is at leeds.

[Nobog]

Re: Lowell Claim help please

yes I know, PO Box is just mailing address, the main office is leeds, ok it should get there anyway, but experience has shown that Recorded delivery at PO Boxes are suspect or many occasions not signed for. the main Lady solicitor is at leeds.

I have confirmation that the CPR31 request has been delivered and signed for at the PO box address but still nothing from the CCA request sent to the Leeds office.

Should I send it again?

Should I prepare and send off the defence yet? I'm not sure when the deadline is for submitting a defence. The claim form says issue date was 19th August.

[MIKE770]

Re: Lowell Claim help please

deadline 4 p.m. = 21-09-2016 = 33 days or send just before so that they do not have time to wriggle with contents of your defence?

[Nobog]

Re: Lowell Claim help please

I'm a bit concerned that the CCA request still isn't showing on the royal mail tracking as being delivered.

I've checked my bank and they haven't presented the cheque for £1 that I sent.

I sent a copy of the CCA request to the solicitors in with the CPR31 request so they have a copy but don't have the payment.

What should I do?

[MIKE770]

Re: Lowell Claim help please

if you sent copy to solicitors as well that should be it for now, you have a recorded delivery receipt from solicitors/? = proof of posting, also to Lowells direct?>

[Nobog]

Re: Lowell Claim help please

if you sent copy to solicitors as well that should be it for now, you have a recorded delivery receipt from solicitors/? = proof of posting, also to Lowells direct?>

Yes, both sent recorded delivery and I have both receipts/proof of posting