Lowell portfolio 1 ltd

[Woody76]

Hi

I received a letter of claim from Lowell solicitors with regards to a provident home credit Loan I took out in 2012 due to unemployment and divorce. I have responded to the form with 'I don't know if I owe this debt' and sent a letter requesting CCA/notice of assignment etc. I'm sure they'll come back with the relevant documents and I'll have to then respond

Inevitably I will have to complete an income and expenditure offer of payment etc. I am just after advice on how to complete this please.

I live with a partner, we have two kids, however going through a relationship breakdown. Neither of us can afford to move on, we are stuck in a rut at the moment . I work away during the week and come home one day a week. I pay her a lump sum monthly to cover the household bills as and I take the remainder for food fuel, maintenance to ex wife and so on, leaves me very little if anything.

I don't know wheter to fill the budget/financial statements to reflect this, which could raise questions Or fill one out as though I am actually responsible for the outgoings and not mention it at all which in affect I actually am as she's not working as my youngest is not at school age.

Thank you

[Woody76]

After a night's sleep I'm not sure wheter to post this letter of claim form back yet. It is dated 18th March. Am I best to buy myself a bit if time or get it in and done with

I also ticked to say I don't know if I owe this debt and I'm seeking debt advice and the box to support my letter, for more Info

I'm now wondering should I have ticked that I may contact the original lender for an affordability claim but surely that box is as good as admitting the debt .

Can they still proceed once I've submitted this form? Or is their a protocol they have to adhere to? Ie; until they send me info I require they can't start action?

Thanks

[Woody76]

Hi please can anyone advise on this? I'm unsure if I'm filling the forms out in response to the letter of claim. I'm ticking ' I don't if I owe the debt' and requesting CCA etc.

What happens next, can they still send a court claim whilst I'm requesting this information?

Many thanks

[charitynjw]

Hi & welcome

It sounds as if you've received a pre-action protocol letter from Lowell.

Complete & return the tick-box form.
Tick box D for now (You can always change your 'position' later if necessary.)
Tick box I & ask for a true copy of the agreement, all T&Cs which are applicable, the CCA Default Notice, & the notice of assignment to either Lowell Portfolio, or their solicitor if applicable.
Also send a CCA s78 request + £1 to Lowell Portfolio.
https://legalbeagles.info/library/gu...etter-example/

& send a SAR to the original creditor, Shop Direct (Littlewoods) EDIT.... PROVIDENT (sorry!)
https://legalbeagles.info/library/gu...ccess-request/

Keep copies & get proof of posting

Don't bother with the I&E sheet for now.

That should keep them busy for a while!

[Woody76]

Thank you for your reply. I was going to tick box C 'I don't know wheter I owe this debt ' because I felt it was a lie to dispute it... It asks for a written explanation as to why I dispute it? And states I don't owe it?

So I thought I should be ticking box C and box G (as it asks me after ticking box C to compete section 3). And then tick box I for more info.

So I need to send the CCA to lowell too? Even though there's a section to ask for this in the form?

What's an SSR please? (the loan was with Provident )

Thanks for you help

[charitynjw]

Thank you for your reply. I was going to tick box C 'I don't know wheter I owe this debt ' because I felt it was a lie to dispute it... It asks for a written explanation as to why I dispute it? And states I don't owe it?

So I thought I should be ticking box C and box G (as it asks me after ticking box C to compete section 3). And then tick box I for more info.

So I need to send the CCA to lowell too? Even though there's a section to ask for this in the form?

What's an SSR please? (the loan was with Provident )

Thanks for you help

The smart money says box D to start off with.......you can easily change that later if necessary.
Then box I to get documentation.
The CCA request goes to the new owner, Lowell (Portfolio?)
The SAR (Subject Access Request via the Data Protection Act 2018/GDPR) goes to the original owner.......which is Provident (I do beg your pardon...getting threads mixed up....I plead old age, M'Lud!)
Click the blue links in the above post.

[Woody76]

OK thanks appreciate all your advice.i. Confused how you can change your mind though , they send you another form? I'm. Not sure what an SAR is... Data request ?

[charitynjw]

OK thanks appreciate all your advice.i. Confused how you can change your mind though , they send you another form? I'm. Not sure what an SAR is... Data request ?

SAR + Data Protection Act Subject Access Request.

& no, no other form.
But how can you know your legal position without their full disclosure of evidence?

[Woody76]

I know what your saying. But how can I back up the dispute in writing if I'm aware I took a provident loan but I want clarification I owe this company ?. Isn't saying you don't know if you owe it the same thing. Sorry... Bit stupid.

Also if lowell have enlisted a solicitor to represent them, why would I need to send the CCA request to them direct? Especially since the forms allow you to request information too... All very bizzare

[Woody76]

The paragraph below is what it says in box D. I was concerned because I didn't fall into the category of disputes.

Or would I be disputing the debt as I have not credit agreement /documents?

.. .... . (Tick this box if you don’t owe the debt, for example because the debt should be paid by someone else,
because you have already paid it, or because there is a legal problem with the credit agreement.
I dispute the debt because ……………
Explain on a separate piece of paper why you dispute the debt. Give as much detail as possible and supporting documents )

[Amethyst]

I'd go with C - I don't know whether I owe this debt.... then I .... request docs for more information ( agreement, terms, transactions/breakdown of the debt, default notice, notice of assignment and so on )

The CCA request would go to the Creditor - separate to the reply to the letter of claim. This is because the CCA request is a formal statutory request which has to go to the creditor ( which is Lowell - by virtue of the alleged assignment ) - CCA Request

YOu should also send a Subject Access Request to Provident for background information / documents to compare Lowell's info against later - Subject Access Request Letter

[Woody76]

Thank you both for your advice. And thanks Amethyst for explaining that. I understand if I get the form back within 30 days, I have a further 30 days after they send me the documents?

I'm hoping to come to resolve so they don't take it to court but I read that they are still likely to do so.

Do you know anything about this home credit disputes Not sure if it's worth going down that avenue really.

[Woody76]

I'm also unsure how to fill out a budget plan when the time comes. I pay a lump sum to the person (partner) I live with as we are undergoing personal problems. We have two children .. I don't live there in the week and its easier this way, I keep little for myself. However I think its best to list all the bills as I'm responsible for them anyway ?Keep it simple? They don't need to know my personal situation do they, just what I pay for ...?

[Amethyst]

Provident..... they aren't great with their record keeping and transactions were in cash and recorded a bit randomly. They do seem to come up with agreements okay, but depends if you had rollovers / consolidations etc or if it was a one off loan how decent they are.

The Letter of Claim they are meant to supply the documents within 30 days of you asking for them....whether they bother sticking with that though is anyones guess and depends where we are timescales wise if near statute barred.

Do you remember much about the actual loan you had? When you stopped paying ? ( and was that because the collection agent stopped coming or any arrangement entered into etc ?)

a provident home credit Loan I took out in 2012 due to unemployment and divorce

hmmm so depends how long you paid for but if defaulted early 2013 they could be rushing to get a claim in before 6 years is up.

How much approx was the loan for, and how much is the claim for?

[Amethyst]

I'm also unsure how to fill out a budget plan when the time comes. I pay a lump sum to the person (partner) I live with as we are undergoing personal problems. We have two children .. I don't live there in the week and its easier this way, I keep little for myself. However I think its best to list all the bills as I'm responsible for them anyway ?Keep it simple? They don't need to know my personal situation do they, just what I pay for ...?

No they don't need your personal private situation, just what your incomings and outgoings are... if you pay them direct to the council/landlord/mortgage/electric company or to your partner to pay the bills for you is irrelevant. All they need to know is what an affordable monthly payment amount might be.

But make them evidence they are entitled to claim the money from you first xxx