Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

[abundancexx]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

Hi Warwick,

thank you for your response in the CPR letter I asked for:
1) agreement
2) default notice
3) assignment
4) formal demand

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Thank you for editing Amethyst, I didn't realise I left visible info on there. ��

[warwick65]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

Hi
Twas i who reported you had left your name on the letter - easily done

Yes that is indeed one of Lowells stock letters, amusing in a way that they just churn out templates. I see there is no mention of the formal demand

A couple of points for your defence ( I am assuming they send the agreement, the DN and the NOA)
You will want them to produce the deed of assignment so they can demonstrate they have the right to bring the claim
They have not produced the formal demand


Have you sent a SAR to Provident - it will show what was sent , when it was sent and when the accounts were sold. I would send one , there is a cost of £10 . there are lots of SAR templates about and for Provident it could be quite simple

I would start the letter with your name and address as well as any previous names or address you lived at when dealing with provident - for example Mr Benjamin Jones also known as Ben Jones Ref xxxxxxxx

Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act. If codes have been used to indicate an action, please also provide a list of these codes and their meanings.

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself.

You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO You have 40 days in which to comply with this request and note that this request has been sent Royal mail Signed for Delivery so I can ensure compliance on these issues comply within the legislative time

Provident structure their loans so that all the interest is added upfront and then you pay off so much a week until it has all gone, as such I am not sure if they actually issue S87(1) default notices - this might make their pleadings difficult . You would find out with a SAR if they did send a default notice ( as opposed to a letter saying they will register a default)

I would hope that once Lowell realise you are not going to roll over they may back off but it might be a case of who blinks first

If you follow all the process and you decide say at mediation, it really is something that you could do without , there is no harm in making an offer to settle - the level of the offer would depend on what they had provided and what you thought it was worth to get rid of them . Mediation is however a long way off yet (if it ever gets there)

[abundancexx]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

Thank you Warwick65 for the information and informing admin of my
mistake. As my time is ticking to file my defence, do you think it's worth doing now? As I'm thinking if I'm to wait for responses from Lowell and provident, this may well run into the deadline to file my defence. What do you suggest in terms of pointers for my defence?

[abundancexx]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

Hi guys, I need some urgent advice as I need to send of my defence by tomorrow the latest. Do I include as part of my defence copies of the CCA and CPR 31.14 and the response from Lowell (please see attachment) They have not given me any further information in order for me to asses this case further.

Many thanks in advance

[MIKE770]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

if a court case has been issued then they cannot suspend anything and they know it = follow time scales etc

[Kati]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

tagging [MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=98117]warwick65[/MENTION] ... urgent help needed please xx

[warwick65]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

Hi
You don't include exhibits in your defence so it is enough to say a S77 request was sent to the claimant and has not been complied with . You should also say you requested documents in the particulars of claim as per CPR31.14 but the claimants solicitors have not replied

AS for the deed of assignment - well you would need a judge to force disclosure but I would also add a paragraph along the lines of
It is denied the claimant has the right to bring a claim and is put to proof of ownership and rights by disclosing the Deed of assignment

Maybe once you have done your draft you might want o post it up - any identifying features

http://legalbeagles.info/library/gui...-court-claims/

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By the way
If the claim was 25th July you have another week yet - unless you are unable to file next weekend

25+33= 27th August ( Sunday) 28th is a BH so 4pm 29th

[abundancexx]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

Thank you Mike770 for your response

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Thank you Kati

[abundancexx]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

Hi Warwick65,

Thank you for your response and info, I will start a draft tonight and include the pointers you mentioned. I was under the impression 28 days from the 25th of July will take us up to the 22nd of August.

[warwick65]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

It is a total of 33 days from the date on the claim form, 28+ 5 days for 'service'
26th July=day 1 so day 33= 27th August a Sunday but as the 28th is BH Monday defence due Tuesday 29th by 4pm
[MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=5553]charitynjw[/MENTION] [MENTION=49370]Kati[/MENTION]

Are my calculations correct?

[MIKE770]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

Monday 28th so bank holiday = Tuesday by 4 pm 29th august

[abundancexx]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

Hi Guys, I've done a rough draft of my defence, would be ever so grateful if you can have a look and let me know if I need to make any amendments. Many thanks in advance

[Amethyst]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

Have the claimants said it was a loan at all ? It isn't mentioned in the particulars of claim and through the defence you have referred to both s77 and s78 of the CCA, so I think that first "appears to be for a loan" maybe just say a credit agreement regulated by the consumer credit act 1974

Also on the extension section you've said they "declined" the request but can't see they mentioned it formally - so I'd say "failed to respond to my request"

Otherwise looks good to me xx

[warwick65]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

[MENTION=6]Amethyst[/MENTION]
It's a provident so a loan seems likely so S77

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Did they ever provide a DN. Provident just seem to supply notices of sums in arrears.

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Sorry me again
Did you ever SAR provident - on my phone so may have missed it

[Amethyst]

Re: Court Claim - Lowell Portfolio LTD / Provident Personal Credit - 25-7-2017

Yes it seems likely but it's not been stated afaik and any doubt, back up of the point that the claimants lacking in provision of information/ knowledge/ evidence of their claim helps. If you decide to go with a set on a loan, then it only need be s77 of cca.