What to do after documents from Lowell CCA request - Provident/Lowell

[nima88]

Hello, I've been a reader for a few months but thought I'd ask for help as Lowell have responded to my CCA request. This alleged debt is from Provident but is now with Lowell. I received a pre-action protocol letter on February 7th 2019. With guidance found on this site, I replied asking for more information. I also sent a CCA request with £1 to Lowell solicitors.

After waiting 4 months Lowell have sent me a bunch of documents. They have sent me a copy of an agreement which has names printed on it. Not original. The terms where on the back. The alleged date is November 2015 so it isn't statute barred.

The debt doesn't appear on my credit file and it never has. If I acknowledge this debt and agree to make payments, will it show up my credit file?

I'd really appreciate any information on how to proceed at this point. Lowell state my case has been suspended for 30 days. Is it worth sending a SAR to Provident? Thank you.

[Amethyst]

Are the signature boxes just printed or signed ?

Did they send notice of assignment from Provident to Vanquis? ( they are the same company but different legal entities so there should be assignment before default )

When it moved to fresh start/ Vanquis was there more than one loan outstanding with Provident ? Or had you taken loans to pay off previous loans etc ? Any affordability complaints made ?

If the debt did default in 2017 then it is likely Lowell will start reporting on it at some point ( regardless of whether you start making instalment payments or not ) It may not get reported if you paid it in full but it could be reported with the default market in 2027 and then as settled. Have you checked all your credit files ( Experian,Equifax and transunion) sometimes things are reported on one but not the others.

And yes, a SAR to Provident will be useful if this progresses further.

example notice of assignment attached for reference only

[nima88]

Hello, thanks for replying. The names are printed no signatures. They sent me a notice of assignment Provident to Vanquis. The wording is different and there is no Provident logo. I didn't receive it originally if it was sent, it would have been my old address.

On back of the notice of default the date is different. Shouldn't it be the same as the front? The default is dated 18 Jan 17 but the payment receive by date is 28 Feb 19. Is this correct? It also states to pay Vanquis bank limited but the debt was sold to Lowell in June 2017. I never received a notice of default from Vanquis. They had my current address at the time.

I've only had 1 loan with provident, I don't believe I can make an affordability complaint. You say progresses further.. is this likely? It's £300.

[nima88]

Hello, I'd like to update my case. I sent a SAR to Provident and they were really quick. They sent me 2 questionable documents so I'm hoping for further advice if possible. They state the credit agreement is not reconstituted, it Is a true copy as I signed the document electronically. They say my signature was not required. I have absolutely no recollection of this so I've questioned how I would have done this. Has anyone had experience with Provident electronically signed credit agreements?

The second thing is, they failed to include the notice of assignment. When I asked for it, they explained that they did not send a notice of assignment. The company that purchased the debt would have sent this notice. I replied and a send a copy of the notice of assignment Lowell sent me. It's attached to my previous post. It clearly shows Providents business address and signed by a Provident employee. I asked them if this was a true or false documents and had they sent it to me. This is what they said.

"The loan agreement is a scanned document from the true copy that was electronically signed by yourself at the time the loan was issued; no physical signature was required.

The notice of assignment you have attached may have been sent by Vanquis Bank on behalf of Provident, as Provident Personal Credit do not send notice of assignment when an account has been sold. For any further queries in regards to the notice of assignment, you would need to contact Vanquis Bank on 08000198239 or in writing at Vanquis Bank, 1 Godwin Street, Bradford, BD1 2SU."

Is this anyway acceptable? The notice of assignment has no reference to Vanquis. It looks as if Provident sent it. Eitherway, I never received this initially. I only have as requested from Lowell.

Is there anything in this? I expect notice of court action from Lowell in a week or so. I'm tempting to SAR Vanquis. But as mentioned previously, this has never shown on credit file and I think if I pester Vanquis they might lodge something.

Any advice greatly appreciated.