Lowell county court letter please help

[sammyb]

Hi, many years ago I got into a lot of debt through a doorstep burglar disguised as a provident loaner. I had these loans for many years, which thanks to this one person grew bigger and bigger. Now I'm not 100% sure when I stopped paying but I believe it to be either close to 6 or over 6 years, as it was around the time my mum died which was 2010. Today I received a claim form from county court business centre, Northampton. What should I do because up until today I have been led to believe that Provident loans are written off by courts because of the way they get you into debt/interest rates etc. Any help would be really appreciated
Thanks

[Diana M]

Re: Lowell county court letter please help

Your situation is the third one which I've become aware of in the last couple of weeks.

By that I mean a Defendant who believes that the doorstep collector from Provident was keeping the money collected from them.

Post a little more background such as whether the doorstep loan collector kept the book which is where your cash payments would have been recorded.

Also post up or type out the Particulars of Claim (on the front page of the claim form) removing all your personal details.

Di

[sammyb]

Re: Lowell county court letter please help

Particulars of claim:
1) the defendant entered into a consumer credit act 1974 regulated agreement with provident personal credit limited under account reference *******
2) the defendant failed to maintain the required payments and a default notice was served and not complied with
3) the agreement was later assigned to the claimant on 29/08/2014 and notice given to the defendant
4) despite repeated requests for payment, the sum of ***** remains due and outstanding
And the claimant claims
A) the said sum of *****
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 0.605, but limited to one year, being £220.6
C) costs

This is what is on the front....I thought after 6 years it null and voids the debt, and I am pretty sure it has been more than 6 years since I made a payment but don't have any documentation to verify this.

Many thanks

Sam

[sammyb]

Re: Lowell county court letter please help

Hi I still haven't had any advice on this. So I think the best bet is to just acknowledge and offer them a monthly instalment. Does anyone know what happens if they don't agree with the amount I offer?

Thank you

[enaid]

Re: Lowell county court letter please help

Hang fire sammy will get someone to take a look [MENTION=61310]diana[/MENTION]M

[sammyb]

Re: Lowell county court letter please help

Ok Thank you

[charitynjw]

Re: Lowell county court letter please help

Hi sammyb

Atm, the first & best thing to do is acknowledge the court claim per the instructions provided in the claim pack asap.
You have 19 days (14 + 5 for post) from the claim issue date to do so, but there's no advantage in delaying.
Failure to do so risks a default judgment.

[Diana M]

Re: Lowell county court letter please help

I think the best bet is to just acknowledge and offer them a monthly instalment. Does anyone know what happens if they don't agree with the amount I offer?

When you acknowledge the claim make sure you tick the box stating you intend to defend all of the claim but don't enter a Defence at this point.

If you admit the debt you will get a CCJ. If you defend the claim you may get the opportunity to have free telephone Mediation if you want to settle the claim depending on the amount of the claim (is it less than £10k?).

This forum can help you send a s. 77-79 CCA Request to Lowells who must comply with your request before they can enforce the debt in court.

You can also send a CPR 31.14 Request to Lowells solicitors asking them to disclose things mentioned in the Particulars of Claim. They've specifically mentioned the Default Notice, the Notice of Assignment and the credit agreement.

If you send a Subject Access Request to Provident Personal Credit you'll get to see the full history of this account which can help to establish whether the debt is Statute Barred which you think it may be.

If the doorstep collector was a burglar who stole your payments (as you have said) this may work in your favour if those payments never reached Provident

You should include as many legal arguments in your Defence as possible in case the debt isn't SB. Your Defence filing deadline is 33 days from the claim Issue Date on the claim form (top right corner).

If you need help finding this forum's template letters etc just ask.

Di

[sammyb]

Re: Lowell county court letter please help

Hi

I have managed to lose my login details so can't get back on there to reply. Can I do it via post or is it an online only?

The debt is just over £3000 , but I really think the 6 years has elapsed although I have no proof as it was cash transactions.

So my first step is to acknowledge and that is all?
I'm going to see if I can get them to reset my login details so I can get this done.

I really appreciate your help

[charitynjw]

Re: Lowell county court letter please help

You can use email or land mail as well.
If using land mail allow at least 2 days for post & get proof of posting. (SignedFor is advisable).

[sammyb]

Re: Lowell county court letter please help

I have spoken to them and they said to email. So do I simply state I intend to defend all of the claim and that is all?

Many thanks

[sammyb]

Re: Lowell county court letter please help

Also should I get the other letters a.s 77-79 CCA, CPR 31.14 sent to Lowells and subject access request sent to Provident at the same time?

[Diana M]

Re: Lowell county court letter please help

I have spoken to them and they said to email. So do I simply state I intend to defend all of the claim and that is all?

I'm sure you've understood what they said, but just in case, don't just send an email to the court saying you intend to defend all of the claim, you need to complete that section on the claim form and then scan it and email it to the court.

Or as Charity has suggested you can send it in the post by Royal Mail Recorded Delivery to make sure you've got proof of posting. Keep a photocopy of the form you send.

What is the claim Issue Date (top right on the first page of the claim N1)? You have 19 days from that date to file your AOS so no need to panic.

Then send the CCA Request and the CPR 31.14 Request to Lowells and the SAR goes to Provident.

Ask as many questions as you like on the forum if you're unsure about something. That's better than making a mistake

Di

[sammyb]

Re: Lowell county court letter please help

Ok I'll get the acknowledgement part done tomorrow, the issue date is 2nd February. Think I will email and send it recorded to cover myself.

Are there templates for the other letters that I can use so I can also get them posted tomorrow.

Thank you

[Diana M]

Re: Lowell county court letter please help

Are there templates for the other letters that I can use so I can also get them posted tomorrow.

Someone on this forum can link you to their template letters and help you to fill them in.

You're sounding more in control of things than you were at 7 am yesterday when you were ready to throw in the towel >

Hi I still haven't had any advice on this. So I think the best bet is to just acknowledge and offer them a monthly instalment. Does anyone know what happens if they don't agree with the amount I offer?

Your fightback has begun

Di