County Court Claim Form just received

[suziebear365]

I have just received the above via Lowell Solucitors for an unpaid doorstep loan from Provident.

I am pretty sure the debt is statute barred as I have not made any payments for several years. Unfortunately I can't prove my last payment date as the repayments were cash & therefore not recorded on any bank statements.

Having checked my Credit Report the default date is 23/03/2011 & as creditors don't usually serve a default until 3 to 6 months after a missed payment, does this mean it's definitely statute barred ?

I only have 14 days so not sure whether I should contest the loan & take the risk it is barred, or admit it & offer to pay in instalments. Any help would be greatly appreciated.

[MIKE770]

Re: County Court Claim Form just received

First Steps

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First Steps

[MENTION=61310]diana[/MENTION]M [MENTION=1937]nemisis[/MENTION]45 @charitynjw

[suziebear365]

Re: County Court Claim Form just received

Should I also include a statute barred letter at this stage to contest the fact that I'm sure the debt is over the 6 years & therefore not enforceable ?

[MIKE770]

Re: County Court Claim Form just received

CCA Request || CPR 31.14 Request


send these

have you acknowledge thru MCOL the claim on line and defend all??
@dianaM @nemisis45 @rob @charitynjw

[MIKE770]

Re: County Court Claim Form just received

if they issued a claim then you must respond now? no letter is going to stop them at this stage?

[charitynjw]

Re: County Court Claim Form just received

Hi & welcome to LB

As @MIKE770 has said, acknowledge the court claim asap. (& within 19 days of the court claim issue date).
There's no advantage in delaying, & you risk a default judgement if you don't acknowledge.
Also, get those CCA & CPR requests sent.
None of this will bar you from making an offer later in the proceedings.

[charitynjw]

Re: County Court Claim Form just received

If it were me I'd also SAR Provident.

You have a right of access to a copy of the personal data we hold about you for a fee of £10. Please write to the Information Request Officer, Provident Personal Credit Limited, No 1 Godwin Street, Bradford, BD1 2SU enclosing a cheque payable to Provident Personal Credit Ltd and providing as much information as possible to enable us to locate your information.

http://www.legalbeagles.info/forums/...ur-information

[Diana M]

Re: County Court Claim Form just received

I am pretty sure the debt is statute barred as I have not made any payments for several years. Unfortunately I can't prove my last payment date as the repayments were cash & therefore not recorded on any bank statements..

The repayments would have been cash but the doorstep collector should have entered them into a record book on your behalf.

I've seen some other ex-Provident doorstep loan claims recently where the collector collected the money/cash but failed to pass it on to Provident and the record books vanished into thin air.

Can you remember if you paid off the loan or did the collector stopped coming so there was a balance outstanding? Or did you have a change of collector etc?

Definitely file the AOS online stating you intend to defend all of the claim.

It would have been a regulated loan so sending for the creditor agreement is paramount.

Di