Lowell vs rhyscraig

[rhyscraig]

Received a claim? Yes
Issue Date: 19/01/2018
Have you Acknowledged the Claim?: Yes
Total Amount Claimed: £660.28
Claimant’s Name: LOWELL PORTFOLIO 1 LTD
Solicitors Firm: LOWELL SOLICITORS LTD
Original Creditor: PROVIDENT FINANCIAL
Original Debt (eg. Credit card/Loan/Overdraft) : LOAN
Particulars of Claim: Please type out in full excluding names/account numbers:
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Provident Personal Credit Ltd under account reference XXXXXX ('the Agreement').
2) The Defendant failed to maintain the required payments and arrears began to accrue.
3) The Agreement was later assigned to the Claimant on 31/10/2015 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £491.00 remains due and outstanding and the Claimant claims
a) the said sum of £491.00
b) interest pursuant to s69 County Courts 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 £0.108, but limited to 1 year, being £39.28.
c) Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): NO
List any letters you have sent (eg: CCA/ CPR ) CCA / CPR waiting to send
Any Other Information or Background Details: NONE

- - - Updated - - -

Just a quick note to say I have drafted my CCA and CPR and they will be going out tomorrow recorded delivery.

[Amethyst]

Re: Lowell vs rhyscraig

Morning

You've done the right things so far, acknowledged the claim and sending your CCA and CPR letters

Was this a doorstep collection loan ?
Any issues with it you can recall ?
Any idea when you last paid/had contact with provident ?

"arrears began to accrue" is an odd thing for them to put in their particulars of claim. Did the debt actually default ( did you get a default notice ?) and does it show on your credit file at all ?

I might add into your CPR letter a request for list of transactions from inception of the alleged account.

[nemesis45]

Re: Lowell vs rhyscraig

Good morning, welcome to LB,

You are off to a good start with CCA/CPR31.14 requests!.

Please give us some more details of the alleged debt e.g.
Was this an agent payment collection loan?
Do you know the date the account was defaulted?
Do you know when you made the last payment?
Does this alleged debt appear on your credit reference files? you can check free on Noddle /Clearscore etc.

nem

[rhyscraig]

Hi Amethyst / Nem

Thanks so much for reading my post.

It was an agent payment collected loan obtained in 2013 - when I moved they stopped collecting the payments claiming they didn't have an agent in the area but were working on getting one. Being disabled and with only a cash card I left it and then forgot all about it until the debt letters started arriving in around 2015 (on and off).

Last payment was probably around 2013 - I wasn't paying it long before I moved house if I recall.

It is very strange wording on their behalf not to mention the default from what I've seen - they usually use the standard line about the account being defaulted. I don't recall getting a default notice but it does it appear to be defaulted according to my credit report (MoneySavingExpert Credit Club). Details of Account

Account LOWELL PORTFOLIO I LTD Type Home Credit Account started 12/03/2013 Current Status Default / Ended Credit Limit - Balance £491.00 credit in use Entry code C4 Account Settled 12/01/2015 I have asked for a full statement of transactions since inception of the account as you suggest Amethyst.

Can I just ask a general question I haven't see the answer to elsewhere? Is it worth sending the SAR to the original credit provider when they may take up to 40 days to respond?

Thanks

[nemesis45]

Hi Amethyst / Nem

Thanks so much for reading my post.

It was an agent payment collected loan obtained in 2013 - when I moved they stopped collecting the payments claiming they didn't have an agent in the area but were working on getting one. Being disabled and with only a cash card I left it and then forgot all about it until the debt letters started arriving in around 2015 (on and off).

Last payment was probably around 2013 - I wasn't paying it long before I moved house if I recall.

It is very strange wording on their behalf not to mention the default from what I've seen - they usually use the standard line about the account being defaulted. I don't recall getting a default notice but it does it appear to be defaulted according to my credit report (MoneySavingExpert Credit Club). Details of Account

Account LOWELL PORTFOLIO I LTD Type Home Credit Account started 12/03/2013 Current Status Default / Ended Credit Limit - Balance £491.00 credit in use Entry code C4 Account Settled 12/01/2015 I have asked for a full statement of transactions since inception of the account as you suggest Amethyst.

Can I just ask a general question I haven't see the answer to elsewhere? Is it worth sending the SAR to the original credit provider when they may take up to 40 days to respond?

Thanks

Hi yes it most certainly is worth sending a SAR it can show up useful data, possibly showing that they stopped collecting and your inability to pay in any other way than collection.

nem

[warwick65]

Hi

I will hazzard a guess that when Lowell respond to your CCA request it will be the front copy only - it might even be a reconstituted front copy however , usually, somewhere near the signature box it mentions other terms and conditions overleaf

Well I say that, this is what happened with mine and several others I have seen

They are a little odd about default notices and often are very late sending them, provident loans are strange beasts because all the interest is fixed and front loaded so even if you miss a few weeks they do not add more interest although if you pay early you get a small refund.

[rhyscraig]

**UPDATE - CLAIM DISCONTINUED BY LOWELL SOLICITORS **

Lowell Solicitors sent a letter as follows:

"We have been instructed to discontinue the above Claim and return the account to our client which will end legal proceedings.

Please find enclosed a copy of the Notice of Discontinuance which we have lodged at the court on the basis each party bear their own costs.

Our client will be contacting you with respect to the account"


A win you may think but maybe not. According to Lowell, legal action was halted at the direct request of Lowell due to my confession that I am suffering from depression and insomnia; facts which became known to Lowell when I settled another debt with them this week. They must have entered this on the system and potentially triggered something to pull the plug on the case.

So if they discontinued the claim on medical grounds, rather than on the strength of my CPR/CCA / defence, could I expect them to try another Court Claim again in the future?

Thanks

[nemesis45]

Lowell may take the approach that although they have been unable to enforce via the court the debt still exists so please pay us to give you peace of mind!

nem

[warwick65]

Lowell may take the approach that although they have been unable to enforce via the court the debt still exists so please pay us to give you peace of mind!

nem

And if they do you can just ignore them

make sure you do keep the letter of discontinuance though

[Diana M]

Lowell may take the approach that although they have been unable to enforce via the court the debt still exists

To be accurate Lowells weren't “’unable to enforce”’ the debt in court since the claim never reached a Hearing because they Discontinued before the OP filed their Defence.

This being the case the debt owner or any subsequent assignee can reissue the claim without permission of the court - but under the circumstances one would hope that would not happen.

Di

[Diana M]

**UPDATE - CLAIM DISCONTINUED BY LOWELL SOLICITORS **

According to Lowell, legal action was halted at the direct request of Lowell due to my confession that I am suffering from depression and insomnia; facts which became known to Lowell when I settled another debt with them this week. They must have entered this on the system and potentially triggered something to pull the plug on the case.

So if they discontinued the claim on medical grounds, rather than on the strength of my CPR/CCA / defence, could I expect them to try another Court Claim again in the future?

Hopefully the only contact you’ll get from Lowells will be a letter informing you that they have closed the account.

Di

[Amethyst]

**UPDATE - CLAIM DISCONTINUED BY LOWELL SOLICITORS **

Lowell Solicitors sent a letter as follows:

"We have been instructed to discontinue the above Claim and return the account to our client which will end legal proceedings.

Please find enclosed a copy of the Notice of Discontinuance which we have lodged at the court on the basis each party bear their own costs.

Our client will be contacting you with respect to the account"


A win you may think but maybe not. According to Lowell, legal action was halted at the direct request of Lowell due to my confession that I am suffering from depression and insomnia; facts which became known to Lowell when I settled another debt with them this week. They must have entered this on the system and potentially triggered something to pull the plug on the case.

So if they discontinued the claim on medical grounds, rather than on the strength of my CPR/CCA / defence, could I expect them to try another Court Claim again in the future?

Thanks

That is good news. Lowell have actually put quite a bit of work into recognising vulnerable debtors and putting processes in place over the last couple of years so as not to cause further problems with people already struggling, so it's great to hear that they are paying attention, and acting promptly, when a debtor lets them know themselves of any health issues.