Recieved county court business centre claim from Lowell

[Andbrismith]

Hi, yesterday I recieved a claim form from the county court business centre for a previous debt I'm confident is statute barred. I've read a few threads on the forum already.

I've already acknowledged the claim on the moneyclaim.com website.

Are my next steps to send the car and cpr forms? Any help greatly appreciated.

Details are as follows.

Issue date: 24th April 2017

Total amount: £253

Claimant: Lowell portfolio I Ltd

Solicitor: Lowell

Original creditor: Provident personal credit

Paticulars of Claim:

"1) the defendant entered into a consumer credit act 1974 regulated agreement with Provident Personal Credit
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 26/06/2015 and notice given to the defendant.
4)despite repeated requests for payment, the sum of £165.00 remains due and outstanding
And the claimant claims
A)the said sum of £165.00
B) interest pursuant to s69 county court 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 £0.036 , but limited to one year being £13.20
C) costs"

[warwick65]

Re: Recieved county court business centre claim from Lowell

Hi
The first things you need to do are set out in this link
http://legalbeagles.info/forums/show...it-Court-Claim

But here they are
1) Acknowledge the claim online , just acknowledge with your intention to defend all - nothing else
2) Send a S78 request to Lowell - that is a statutory request , send it with a cheque or postal order for £1 by Royal Mail signed for
3) Send a request under CPR 31.14 to Lowell solicitors asking for
a) The agreement
b) The Default Notice
c) The notice of assignment
d) The deed of assignment
[MENTION=49370]Kati[/MENTION] can you move this to the right forum please
[MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION] have I missed anything ?

From my experience with Lowell and provident they may not be able to provide a fully compliant agreement which will be a great help

[skilganon]

Re: Recieved county court business centre claim from Lowell

i always include the termination notice and

statement of account showing how the sums claimed have accrued.

after the deed of assignment i also put, to provide lawful proof that the claimant has absolute right title and interest in the agreement as only then could a lawful claim be issued.

[warwick65]

Re: Recieved county court business centre claim from Lowell

With a cpr31.14 request you should only ask for things mentioned in the POC - hence not suggesting anything else.

I was just thinking that keep it to the point so they do not have any excuse to drag it out by saying we are not obliged to provide this blah blah

But whatever works

[Kati]

Re: Recieved county court business centre claim from Lowell

@Kati can you move this to the right forum please

done xx

[Diana M]

Re: Recieved county court business centre claim from Lowell

@Diana M have I missed anything ?

Yes you have

Always send a Subject Access Request to the original creditor the minute you get a claim.

Di

[Andbrismith]

Re: Recieved county court business centre claim from Lowell

Thanks for the replies. I'll get this sorted. What's my next move?

[charitynjw]

Re: Recieved county court business centre claim from Lowell

.....for a previous debt I'm confident is statute barred.

To use SB, you need to identify the date applicable to the cause of action.
Why do you think it is SB?

[warwick65]

Re: Recieved county court business centre claim from Lowell

Why do you think it is SB?

Before you use this as the defence, particularly if it is your only defence, you need to be very very sure.

I think it was [MENTION=87380]Diana M[/MENTION] who posted somewhere that many of their clients who start off believing its SB then realise that somewhere along the line they have made a mistake.

This is one of the things a SAR will help you sort out, the date the agreement was started, due to end
Was default notice sent

They may argue that SB date runs from the date the DN was sent or even the date the agreement would have ended if all the payments had been made - without any other formal notice I think maybe that would be the first date the full amount could be demanded , I will get my Provident paperwork out and have a look ( I have it but the debt purchaser who bought it doesn't - haha)

So as Charity says

What do you think its SB

[Andbrismith]

Re: Recieved county court business centre claim from Lowell

I have paperwork from over six years ago from Lowell when I originally couldn't make payments. So I know the date it originally started was 1-2 years before that.

But as you said it would depend on the date they state which could be anytime. How could I possibly prove it has been longer than the six years?

[warwick65]

Re: Recieved county court business centre claim from Lowell

If you send the SAR to Provident it should provide a complete list of transactions etc and all communications.

have you in the past sent a S77 request to lowell - they can be sneaky and credit your account with the £1 payment - making it look like you have reset the clock.

I think the best thing to do is follow the process as listed

If they do stump up everything and you find a payment or acknowledgement has been made you can always opt for a payment plan at mediation

Acknowledge the claim
Send a CPR 31.14 request for the agreement, the default notice, the notice and deed of assignment to Lowell solicitors
Send a S77 ( I put S78 earlier but provident are loans so they are S77) request to Lowell with the statutory £1 fee

Then wait and when the defence is due and not before lodge a defence that includes SB but also anything else that is useful
I doubt they will be able to send readable copies of both sides of the agreement(s)
They will in all likelihood send you a copy of the front but if you read it carefully it will either mention "terms overleaf' or clause x which will not be there

Remember to send the SAR to Provident

By the way, could the account have been sold to someone in between Provident and Lowell- for example mine was sold to BCW then from BCW to lowell who no doubt paid peanuts for it

- - - Updated - - -
[MENTION=87380]Diana M[/MENTION]

I don't think it would be right to show your hand and claim SB at this point, what do you think?

[warwick65]

Re: Recieved county court business centre claim from Lowell

Remember it is a BH weekend so not many people are about , just saddle like me who will do anything rather than get on with what i should be doing.

As long as you have acknowledged the claim online with intention to defend all you then have 33 days from the date on the claim form to get your defence in.

I would be getting your letters ready to post but wait for others with more experience such as Diana or [MENTION=5553]charitynjw[/MENTION] or [MENTION=6]Amethyst[/MENTION] to pop in before posting by Royal Mail signed for .

[Andbrismith]

Re: Recieved county court business centre claim from Lowell

Thanks for the help. I'll be getting those documents ready to send on Tuesday. Can I send both requests to Lowell in one letter?

Yes I think it was sold to Lowell. I remember another solicitors having control previously. What effect would this have?

[warwick65]

Re: Recieved county court business centre claim from Lowell

Hi
I am guessing the solicitor would have been C.K Edrupt who are I believe in house or at least tame solicitors of provident

If the account was sold from Provident to firm A then firm A to Lowell, Lowell would have to show that the assignments between provident and firm A and firm A and lowell were good and legal - makes it more difficult

I would send
the S77 request to Lowell at the address on the claim form
The CPR request to Lowell solicitors ( a different address)
the SAR to Provident

I know its a pain and costs more money but better to dot the i's and cross the t's if you know what I mean

If the addresses are the same as on my claim form

Lowell Portfolio 1
Ellington House
9 Savannah Way
Leeds
West Yorkshire

and Lowell Solicitors
P.O.Box 1419
Northampton

[charitynjw]

Re: Recieved county court business centre claim from Lowell

It is also relevant to note that, in the grand scheme, this claim is for a fairly modest amount.
I doubt whether Lowells will want to spend much in chasing it.
The more hoops they are required to jump through, the more they may be inclined to call off the dogs of war.