court claim from lowell for provident. plz help

[warwick65]

Re: court claim from lowell for provident. plz help

You don't have to go to mediation but it is generally recommended you tick yes to it. lets face it you would feel a right wally if you said no and they then produced the goods.

On the other hand saying yes to mediation looks as if you are 'playing the game' and while it will not help you win in court it shows you are being reasonable.

I haven't read back so not sure how big the claim is but for small claims sometimes the defendant may feel it is worth a small offer just to make it go away - just because you agree to mediation now doesn't mean you have to follow through with it

[warwick65]

Re: court claim from lowell for provident. plz help

Hi again

I have just read back and as it is for over £5000 it is unlikely that Lowell will roll over just yet

You could be cheeky and offer say £25 at mediation - it is confidential

I noticed in the first post you said it was SB but you did not plead that in your defence - my guess is probably a good idea because I think they would argue the limitations started at the end of the fixed term. Also as you say you stopped paying sometime in 2011 it would be a really close thing anyway

Just get the DQ done and then wait for the next move

[flicky1314]

Re: court claim from lowell for provident. plz help

Hi [MENTION=98117]warwick65[/MENTION] Thanks for replying. I didn't put statue barred in my defence as I was told not to just yet. So from your advice fill in questionnaire. Also will agreeing to mediation and offering 25.00 show that I am accepting the debt ??
Sorry abit confused by it all. Also it's defo not on my credit file which Is why I'm even more convinced it's statue barred.

[warwick65]

Re: court claim from lowell for provident. plz help

A few questions

When dd t vansh off your credit file also did yo check all as not all creditor report to all cras

Mediation is confidential and isnt reported in court so neither acceptance or offering a silly payment would be seen.as acknowledgement.

Out of interest, I can't see any mention of not saying it was SB. Who or where were you told to miss it off.

One last question if you dont mind, when did you stop paying. I am Guessing that would be when.you split up.

[flicky1314]

Re: court claim from lowell for provident. plz help

[MENTION=98117]warwick65[/MENTION] hi. I checked noodle and clear score it's not on either of those. I did put in about it being statue barred sorry it was the sar that I didn't need to put in about. But advice from charitynjw I put it in about being statue barred. I stopped paying when we split up so 2011. Hope that helps

[warwick65]

Re: court claim from lowell for provident. plz help

Hi
I absolutely agree with charity about not mentioning the SAR in your defence as it wasn't relevant however the contents of it may be relevant if you get to doing a witness statement - but we can cross that bridge if and when

I also worry about the SB indicator as it is 6 years- so even if it was based on your last payment , that would have had to have been before the date of the claim in 2011 and frankly I think that is unlikely to have been the cause of action.

[warwick65]

Re: court claim from lowell for provident. plz help

I have to ask, are you absolutely sure it was a provident doorstep loan because you must have been paying something like £100 per week back which to me would be complete irresponsible lending

Have Lowell come back with anything for your CCA request or your CPR request or has provident come back with your SAR details?

I am getting confused although that doesn't take a lot

[flicky1314]

Re: court claim from lowell for provident. plz help

[MENTION=98117]warwick65[/MENTION] yrs it was defiantly provident and i think at the time we was paying about 180 a week. Please don't shoot me down. We were managing a pub at the time had no out going I.e rent water elect. So was ok until we split . And no had absolutely nothing from either provident or Lowell. Just the normal we have 40 days to provide stuff.

- - - Updated - - -
[MENTION=98117]warwick65[/MENTION] and sorry not sure what u mean about the statue barred bit.
I'm always confused lol . It's certainly doesn't take a lot for me. Thanks hun for ur help

[warwick65]

Re: court claim from lowell for provident. plz help

Hi Flicky

I am not passing judgement on anyone- hell if you knew my history , I am the last one to do that

What I was saying about SB is that as the claim was dated April 2017 and limitations is 6 years , the start of that limitations period would have been before April 2011 . If you were paying in May 2011 it could not be SB and if you were paying even in march 2011 it is unlikely they would have been able to start court action before at least may , hence no SB.

SB is very complicated and really has little to do with if the debt appears on your credit file , non of my provident debts do appear on my credit file and i am not sure S87(1) default notices were ever issued because they were fixed term loans and they were allowed to run the full term

Hope that helps

[flicky1314]

Re: court claim from lowell for provident. plz help

hi guys just filling out the form to send back. where it says about witnesses do i put 0 or 1 lol . also do i have to send s copy to Lowell.

[warwick65]

Re: court claim from lowell for provident. plz help

I believe you put 1 for the witness-you

You should indeed send one to the solicitors and one to the court

[MIKE770]

Re: court claim from lowell for provident. plz help

1 that is you!

[flicky1314]

Re: court claim from lowell for provident. plz help

thanks guys. I'll put in the post tomorrow x

[flicky1314]

Re: court claim from lowell for provident. plz help

hi guys.
just to keep you updated I sent back the form to the court.
received a letter a couple of days ago saying it was going to mediation so I rang them and told them that I would go to mediation however I'm not sure on what I'm defending as I have had no response to any requests I have sent Lowell. so the lady I spoke to said that they wouldn't be able to go ahead with mediation and would probably be sent now to local court.

I really really don't want to go to court. but I guess it's just wait and see again at the moment
thank u all for all your help so far. much appreciated.

[warwick65]

Re: court claim from lowell for provident. plz help

Maybe that was a tactical error although I undestand the need to be proactive. For a claim of 5k it is unlikely they will blink just yet. Next stage would be allocation to local court then witness statements. My allocation was mid may and witness statements are not due yet so it takes time