*** won *** Lowell provident ccj

[warwick65]

Re: lowells provident ccj

Are you exempt from fee remission?

If not you would need to pay and I think that is £255 for a hearing and I suspect a judge may not entertain such a claim. As the amount is relatively low ( I think somewhere you said 200+90 interest + costs ) you might be able to get a settlement deal for less than the cost of a hearing

I am not suggesting rolling over but sometimes pragmatism wins out and you do what is best for you rather than starting a crusade you may not win
[MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION]

any thoughts?

[mrmonkey]

Re: lowells provident ccj

not sure what you mean i am going with this letter i am defending myself the judge granted an unless order so was going to send this letter to court just wondered how to set it out ie addressing the court not going to pay them as i do not owe them.

On the xxx of may District Judge xxxx sitting at the County Court in xxxxxxxxxxxxxxxx xxxxxxxxxx , ordered the claimants claim stayed, and that the claimant must by 4.pm on the 13th of june file at court and serve on the defendant a copy of all the documents it proposes to rely on to prove its case.
The defendant is requesting the case be struck out as the claimant has breached the order by failing to serve the documents on the defendant by the court deadline.
The defendant recieved the documentation marked 136 after the 13th of June and the documentation sent was dated the 13th June and was only sent at the earliest on the 13th June.This was sent standard mail so would not get to the defendant on the 13th June as ordered.
The claimant also states the documentation was emailed this email has not been recieved by the defendant and that service by fax or elctronic means was not arranged prior between the claimant and defendant as per CPR PD 6A para 4.1.
The defendant finds that the claimant whenever approached for information regarding the claim as set out in the defendants defense and the court order, that the claimant has done everything it can to impede the defendant with regard to defending the claim.
The defendant therefore requests the case be struck out.

[Amethyst]

Re: lowells provident ccj

As you have an unless order

2.claimant must by 4pm on the 13th of june file at court and serve on defendant ( letter to me was dated 13th not recieved by then ) a copy of all the documents with which it proposes to rely to prove its case including, but not limited to , the loan agreement, and any assignement of the same .

3. in default of compliance with paragraph 2 above the claim shall stand struck out without further order.

then a letter to the Judge/Court Manager who issued the order SHOULD suffice.

HOWEVER they have complied, just a day late, and it is unlikely their claim would be struck on that basis so I wouldn't recommend a formal application at all, its likely to just end up in your losing £255. Also it is now two weeks later. It just won't be struck out unless the docs they sent don't cover the unless order.

So, did you get chance to scan in the docs they did send you as I think you should concentrate your efforts in reviewing those in readiness for making your case in Witness statement ( or considering negotiation if the docs are all valid )

[mrmonkey]

Re: lowells provident ccj

As you have an unless order



then a letter to the Judge/Court Manager who issued the order SHOULD suffice.

HOWEVER they have complied, just a day late, and it is unlikely their claim would be struck on that basis so I wouldn't recommend a formal application at all, its likely to just end up in your losing £255. Also it is now two weeks later. It just won't be struck out unless the docs they sent don't cover the unless order.

So, did you get chance to scan in the docs they did send you as I think you should concentrate your efforts in reviewing those in readiness for making your case in Witness statement ( or considering negotiation if the docs are all valid )

yeah was wondering about that, the docs they sent me i will get scanned could not get my scanner working will have to nip friends later and sort out just worried that docs will identify me.

[Amethyst]

Re: lowells provident ccj

A photo with a half decent camera phone is normally good enough ( from directly above not a weird 45 degree angle though!) If you have trouble redacting personal details feel free to email me the docs and I'll remove your info. admin@legalbeagles.info .

[mrmonkey]

Re: lowells provident ccj

Hi i have emailed you the docs to view at your convenience sorry for the delay i can be quite a noob with things to be sure.

[mrmonkey]

Re: lowells provident ccj

now in advance of you viewing docs i have a few questions regarding the info they contain

1 , they bought debt on 15th of august but say it was sold on the 29th should there be a 2 week discrepancy
2 , on the claim it states that a default notice was issued and also again debt was assigned 29th , then the letter after requests for further info they state they are waiting on default notice then on unless order reply with documents they say they are not providing one as they do not rely on it in court.
3 , the statement of payments they provide what is with that, surely that can not be an official document to be used in court, anyone could go you owe me this and run it off a computer and take note of the payment dates how they are all jumbled up what is with this document?.
4 , the loan in question was 4 books of vouchers totalling 200.00 the actual loan number reference on the sheet is the actual number of 1 book of vouchers not sure that releavant but if the loan number is one book of 50.00 vouchers doesnt that mean that each book should have a releavant number ? in regard to each claim or is it that the first number of vouchers serves as the loan reference they are all listed on the credit agreement just caught my eye that the number was the same as the loan number they keep quoting ( not sure where i am going with this lol ) .

[warwick65]

Re: lowells provident ccj

Hi

As far as I know the date of the loan was sold to provident should match up- is the discrepancy from a SAR or just what they have sent you

When Lowell bought my loans they bundled them all up into one account number but I think it was a new Lowell account number and not one of the provident ones

Hope that helps

[mrmonkey]

Re: lowells provident ccj

well the account sale agreement states one date and the court claim form and letter from provident and lowells say another , as for the loan reference they were all 4 books of £50 vouchers on the credit agreement and each has its own number on the agreement, then lowells have provieded a table of payments which i find very improper due to it just being a printoff of a table with info filled in with dates that do not even follow in order and on that it says agreement number and the agreement number is the same as the voucher book on the credit agreement if that makes sense .

[mrmonkey]

Re: lowells provident ccj

A photo with a half decent camera phone is normally good enough ( from directly above not a weird 45 degree angle though!) If you have trouble redacting personal details feel free to email me the docs and I'll remove your info. admin@legalbeagles.info .

Hi Amethyst just wondering if you recieved the docs and they were ok and after seeing them if you have any advice thanks.

[charitynjw]

Re: lowells provident ccj

[MENTION=6]Amethyst[/MENTION]

[Amethyst]

Re: lowells provident ccj

Hiya, Found them ! Apologies, I'll get them posted asap.

[Amethyst]

Re: lowells provident ccj

Docs

[Amethyst]

Re: lowells provident ccj

more....

[Amethyst]

Re: lowells provident ccj

last ones.....