County Court Business Centre Claim Form - BW Legal Services Limited

**nemesis45** · 3rd November 2016, 15:32:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

Good afternoon welcome to LB.

Have you acknowledged service of the claim, if not do so now at the MCOL site but don't enter any defence at this point.

I'm sorry to say that the " name change" will not be of any benefit I presume you have not moved since the payments to the loan ceased.
Please type in the Particulars of the Claim word for word it will assist in getting the right advice for you.

The Acknowledgment is the most important job now it gives you more time to respond to the claim.

Then there are some things to do:

1. A requests to Lowell for a copy of the provident agreement, (CCA Request ) there is a template in the green box above, you need a postal order for £1 for the statutory fee Mark it " For Statutory Fee Only" send to Lowell by signed for post and check delivery date and signature.

2, A request to BWL made under the provisions of Civil Procedure Rule 31.14 ( CPR Request) template in green box. There's no fee for this.

This is for the documents mentioned in the particulars of claim we can check that when we see the details.

Was this agreement signed at home with an agent?

nem

**MIKE770** · 3rd November 2016, 15:38:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

CCA Request || CPR 31.14 Request |

**bright colours** · 3rd November 2016, 15:39:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

Hi,

Thank you for your response, I have moved house since the payments ceased, the last payment was made in 2010 and I moved house in March of this year and also changed my name by deed poll in May this year, my ex-husband still lives in the matrimonial home but I have no contact with him as I currently have a non-molestation order against.

The Particulars of the Claim are:-
The Claimant's Claim for the sum of £680.00 being monies due from the Defendant to the Claimant under a Loans, Credit Cards agreement regulated by the Consumer Credit Act 1974 between the Defendant and Provident Personal Credit Limited under account reference*********** 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 a rate of 8.00% per annum (a daily rate of £0.15 from the date of assignment of the agreement to 25/06/2016 being an amount of £54.90.

I hope this helps with the advice you can provide.

with thanks

**charitynjw** · 3rd November 2016, 15:40:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

Hi bright colours & welcome to LB.

As this is a live court claim, the court's timetable is paramount.
Acknowledge the claim asap. Delaying this is of no benefit; forgetting to do so could result in a default judgment against you.
Atm, defend in full (you can always change your mind about this later, but this will give you breathing space & a bit more time to formulate a plan of action).
If you live in England/Wales, do not contest jurisdiction.
& do not put anything in as a 'defence'.......this can come later.

Lol!
Crossed posts.......I had the thread open, but went to make a cuppa before posting.
Didn't see nem's or MIKE's posts until afterwards.

**charitynjw** · 3rd November 2016, 15:46:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

originally a Provident Loan that I took out on behalf of my ex-husband just over 5 years ago.

Doesn't tally with

I have moved house since the payments ceased, the last payment was made in 2010

**bright colours** · 3rd November 2016, 15:53:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

I split with my husband in 2010 I was at the time making the payments to Provident, I moved out of the matrimonial home in March 2016 and my ex-husband moved back in as he changed the locks before the completion of the sale of the house and he currently resides there.

**nemesis45** · 3rd November 2016, 15:59:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

Originally posted by bright colours View Post

I split with my husband in 2010 I was at the time making the payments to Provident, I moved out of the matrimonial home in March 2016 and my ex-husband moved back in as he changed the locks before the completion of the sale of the house and he currently resides there.

When exactly did payments cease?

Have you acknowledged service of the claim?

Was the loan arranged by an agent visiting your home?

nem

**charitynjw** · 3rd November 2016, 16:01:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

These dates are important.
If your last payment was June/July, possibly even August 2010, you might have a statute-barred defence.

**bright colours** · 3rd November 2016, 16:09:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

I will hunt out my original paperwork as I have given you information from memory, I have also checked my noddle which states:-

Lowell BALANCE £ 680

UPDATED 07/10/2016

STATUS Default

Name
Address
Date of birth
Account type Home Credit
Account number
Account start date 21/05/2010
Opening balance £680
Repayment frequency Monthly
Date of default 08/08/11
Default balance £680

I have responded now to the Claim, it states the Claimant is Lowell Portfolio 1 Ltd and I have stated that I intend to defend all of the claim. From memory I believe the loan was originally arranged via an agent that visited my then home address.

I hope this helps

**nemesis45** · 3rd November 2016, 16:13:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

Originally posted by bright colours View Post

I will hunt out my original paperwork as I have given you information from memory, I have also checked my noddle which states:-

Lowell BALANCE £ 680

UPDATED 07/10/2016

STATUS Default

Name
Address
Date of birth
Account type Home Credit
Account number
Account start date 21/05/2010
Opening balance £680
Repayment frequency Monthly
Date of default 08/08/11
Default balance £680

I have responded now to the Claim, it states the Claimant is Lowell Portfolio 1 Ltd and I have stated that I intend to defend all of the claim. From memory I believe the loan was originally arranged via an agent that visited my then home address.

I hope this helps

Ok you need to get those 2 requests of to Lowell and the solicitors asap.

What documents are mentioned in the particulars of claim?

nem

**bright colours** · 3rd November 2016, 16:16:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

I have just checked my Experian Credit Report and this default used to show on there but it's not there anymore?

It doesn't state any documents in the Particulars of the Claim only what I've listed above in my previous comment.

**nemesis45** · 3rd November 2016, 16:24:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

Originally posted by bright colours View Post

I have just checked my Experian Credit Report and this default used to show on there but it's not there anymore?

It doesn't state any documents in the Particulars of the Claim only what I've listed above in my previous comment.

The relevant documents are The Agreement, The Notice of Assignment and The Default Notice these are requested under CPR 31 .14 to the solicitors . [MENTION=3599]MIKE770[/MENTION] has kindly posted links for you in post #3 for the templates.

nem

**bright colours** · 3rd November 2016, 16:35:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

ok thank you, when I get home I will hunt relevant documents out and get back to you and also fill in the forms as mentioned.

Thank you

**nemesis45** · 3rd November 2016, 16:37:PM

Re: County Court Business Centre Claim Form - BW Legal Services Limited

Originally posted by bright colours View Post

ok thank you, when I get home I will hunt relevant documents out and get back to you and also fill in the forms as mentioned.

Thank you

Happy to help!!

Don't be afraid of asking for help on anything your are not sure of!

nem

County Court Business Centre Claim Form - BW Legal Services Limited