Lowell county court letter please help

[Diana M]

Re: Lowell county court letter please help

Anyone???

No need to panic if you don't get a reply to a post immediately

Your Defence deadline is 33 days from the claim Issue Date. Put the date in your diary then ask for help with your Defence a few days before that.

The situation with claims evolves as and when you get responses to your CCA Request and CPR 31.14 Request (or not).

Di

[Diana M]

Re: Lowell county court letter please help

I received a letter from Lowell Solicitors with the following
"The above account was a former Provident account taken out on 7 October 2011 that was legally assigned to our client, Lowell Portfolio 1 Ltd. The last payment was made on 7 August 2012 for the amount of £10.00. Due to non payment, the account defaulted on 11 March 2013."
It also included a couple of letters dated 13 December 2016 one from Lowell Solicitors Ltd and the other from Lowell portfolio saying they are passing to their Solicitors.

What should I do in response

Does that letter require a response?

From what you say it's telling you stuff not asking you to do anything.

Did it mention anything about your request for a copy of the credit agreement?

Di

[sammyb]

Re: Lowell county court letter please help

Thank you for responding.
The letter from Lowell Solicitors was in response to the CPR 31.14 They say they have requested a copy of the agreement and default notice. These will be sent to me upon receipt and the account is currently on hold until the said documents have been received.

With regards to to the paragraph I put up in my previous message from their letter - I have no knowledge of this £10.00 I supposedly paid and is 7 October 2011 the date Lowell portfolio are saying they took on the debt or when I took the loan out? Because it 100% isn't the latter

[MIKE770]

Re: Lowell county court letter please help

not on hold the court system rules not lowells just follow court instructions.

[Diana M]

Re: Lowell county court letter please help

The letter from Lowell Solicitors was in response to the CPR 31.14 They say they have requested a copy of the agreement and default notice. These will be sent to me upon receipt and the account is currently on hold until the said documents have been received.

There is no need to reply to that letter unless it specifically asks you a question (which needs answering).

The solicitors are telling you that they've not got a copy of your Credit Agreement or your DN. That's good to hear

Unless they have asked you to agree an extension of time before filing your Defence then you should file it by the deadline regardless of their statement that the account is on hold.

Meanwhile are you in a position to answer the questions which I asked in post # 42 ?

Di

[sammyb]

Re: Lowell county court letter please help

Hi Di

It was slightly tongue in cheek my comment. I had been getting these loans for almost 10 years due to the doorstep collector constantly renewing and upping them. I was on a very low income and a single mum so felt she preyed on these facts. She got me so far into debt with Provident that I was paying out over £50 a week, this was nearly half my income. I'm guessing now in hindsight that she must have altered my income on her paperwork as there is no way I had enough coming in to my household to be able to afford this. And hence this is when I stopped paying as I was physically unable to pay anymore. I hope this makes it a bit clearer.

[sammyb]

Re: Lowell county court letter please help

Hello everyone

The date for my deadline to file my defence is fast approaching 7/3/17. I am using the template that was suggested to me but I'm struggling to understand which parts to delete or alter. I know obviously dates and claimants name etc... it's the other sections that are confusing me from 10 onwards.

thank you in advance for any help

[sammyb]

Re: Lowell county court letter please help

1: I received the claim ******** from the County Court Business Centre, Northampton on 2^nd February 2017

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a Loan agreement regulated under the Consumer Credit Act 1974. [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

[5. The particulars of claim fail to state when the agreement was entered into.]

6. The Claimants statement of case states that the account was assigned from Provident Personal Credit Limited to Lowell Portfolio Ltd on 29/08/2014. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Provident Personal Credit Limited served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 8^th February 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Lowell Solicitors Limited has not sent any of these documents to me.

10. On the 07/02/17 I sent a formal request for a copy of the original agreement to Lowell Portfolio Limited] pursuant to section 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with 77-79 Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)]Consumer Credit Act 1974 cannot enforce the agreement.

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[MIKE770]

Re: Lowell county court letter please help

case number showing

[sammyb]

Re: Lowell county court letter please help

Whoops thank you

[sammyb]

Re: Lowell county court letter please help

Really unsure what I need to put in my defence and need to post it tomorrow as I don't have access to a computer over the weekend, any help would be really appreciated

[charitynjw]

Re: Lowell county court letter please help

If you still think the claim may be SB, it would be a good idea to mention this as part of your defence.

How did you usually pay the doorstep collector (E.g, cash, cheque etc.).

Was it normally in 'rounded up/down' amounts? (You mention that 'someone' has alleged a £10 payment during Aug 2012).

& does it appear to be an isolated payment? (Months/years of non-payment, & one 'payment' appearing out of the blue).

[sammyb]

Re: Lowell county court letter please help

I received my history of loans and payments from the original lender but it doesn't make sense to me. So now I'm doubting whether I may be wrong and it's not SB. If that was the case what should I do?

- - - Updated - - -

It was doorstep always cash Lowell said it was £10 I guess I need to trawl through the accounts and see if that matches up anywhere

[charitynjw]

Re: Lowell county court letter please help

According to Lowells?

Also I received a letter from Lowell Solicitors with the following
"The above account was a former Provident account taken out on 7 October 2011...............

[sammyb]

Re: Lowell county court letter please help

It was in a letter they sent me after I sent out the letters suggested on here and unfortunately it looks like it matches up to the accounts sent to me from my original creditor