How to respond to CCA documents Lowell/Provident

[kameil02]

Hello, I'm new to all this and asking for help on my response to documents received after a CCA request. This alleged debt is from Provident with Lowell. I received a pre-action protocol letter on February 7th 2019. I replied asking for more information. I also sent a CCA request with £1 to Lowell portfolio.

After waiting 4 months Lowell have sent me a bunch of documents. They have sent me an agreement with some t&c printed on the back. Not original doesn't have my signature. 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.


I'd really appreciate any information on how to proceed at this point. Lowell state my case has been suspended for 30 days. Can I ask Lowell to confirm whether the original agreement exists or not? I also don't agree with the statement they sent and isn't it supposed to be signed? A point in the right direction would be most useful.

[The Tech Clerk]

send copy of the agreement to:- webmaster@all-about-debt.co.uk for checking and link this thread

[kameil02]

Thanks for getting back to me on this. Even though the agreement they sent me is enforceable, is it still worth sending a SAR to Provident? Will it make a difference if they don't have the original signed agreement? If I agree to make payments to Lowell will the debt suddenly appear on credit file? I've got a really high score at the moment, a default was never registered against me.

[The Tech Clerk]

Have I missed something with out reading all the way back? who says it is enforceable?? see post 2 above do not pay lowells anything until/if proven an actual enforceable debt, they would enter on credit fill payments made, if they went to court ( they do) then later near end of case proceedure if ever, so think positive just follow suggestion on here, the likes of lowells buy for 10% of alleged debt & hope to fleece you out of 90% + cost it is one of the worst trades on earth, if an owner was interested they would take you to court etc

[kameil02]

I sent the agreement to the email address you mentioned and received a reply stating it was enforceable as the debt is too new. I don't want my credit affected. The reconstituted agreement they sent me seems enough. I'm unsure about the terms & conditions and notice of default which they never sent. The debt was sold to Vanquis then Lowell. I might SAR all 3 seeing as it's free. Is this a bad idea?

[The Tech Clerk]

unfortunately Lowells are litigant and do not hang around before issuing court papers without documents, so it would seem you are not imminent to final court process as they have to go thru procedure, but defaults can appear on file and do. strange they have not yet so do not remind them at this stage.

[The Tech Clerk]

Vanquis (credit card part) is Provident division so same company no separate SAR but. SAR vanquish only might hold useful information, no request will stop Lowells if you read other threads, so await their next move which should be a PAP (first stage of possible court action) then let us know we can if needed get you to have a word with Di who works with our solicitor etc no need to SAR lowells as that is pointless for now, contact might make them think you are an easy target =? you are not are you!!!!

[Joanna Connolly Solicitors]

sent the agreement to the email address you mentioned and received a reply stating it was enforceable as the debt is too new. I don't want my credit affected. The reconstituted agreement they sent me seems enough. I'm unsure about the terms & conditions and notice of default which they never sent. The debt was sold to Vanquis then Lowell.

Hello

Can you provide a little more information please.

Was this a 'doorstep loan' from Provident?

If so you may have applied online for an Acceptance in Principle, and then you would have received a home visit by one of their agents to complete the application process, and possibly signed a document/credit agreement then. Do you recall what happened and when (what year)?

The APR on Provident loans can be over 100% ! If you struggled to make the repayments, didn't make any of the repayments, or borrowed again in order to keep up with the repayments, then you may have an argument for Irresponsible Lending.

You would make the complaint to Provident (not Lowell). Read this explanation on Debt Camel's website here > https://debtcamel.co.uk/refund-doorstep-loans/

I've not seen what documents you have been sent by Lowell, but an enforceable credit agreement doesn't necessarily mean the debt is enforceable. The debt owner would need to also prove that all the statutory duties have been complied with such as a compliant Default Notice, Notice of Sums in Arrears etc

I doubt this debt would have been sold to Vanquis before Lowell since Vanquis is a credit card provider not a debt purchaser. Is it possible that you had a another account such as a credit card with Vanquis which was assigned/sold to Lowell?

How much is the Provident debt?

Di

[kameil02]

OK, I'll send one to Vanquis only. Lowell would not have had proof of address when they bought the debt. Nether did Vanquis. I moved house when the debt was still with Provident. For about a year I received 'do you know this person' type letters from Vanquis. Then Lowell sent debt letters for a further 2 years, once every few months. They never sent any default notices as I did check them. I threw them away and nothing came of it. I then registered on the electoral and a few months later received a pre-action letter which I the did CCA request. I think before I registered on the electoral they had no real proof of address and possibly couldn't do anything. Maybe that's why nothing was registered against me. I'll see what comes of it, hopefully it's not worth them pursuing in court, providing I don't ignore.

[The Tech Clerk]

[QUOTE=The Tech Clerk;n1525722]Vanquis (credit card part) is Provident division so same company no separate SAR but. SAR vanquish only might hold useful information, no request will stop Lowells if you read other threads, so await their next move which should be a PAP (first stage of possible court action) then let us know we can if needed get you to have a word with Di who works with our solicitor etc no need to SAR lowells as that is pointless for now, contact might make them think you are an easy target =? you are not are you!!!![/

The full story not given in fact it probably was a doorstep loan with Provident and a separate

seems the credit card account with Vanquis part of the provident group? sorry but caused a confusion initially??

[Joanna Connolly Solicitors]

I received a pre-action protocol letter on February 7th 2019. I replied asking for more information. I also sent a CCA request with £1 to Lowell portfolio.

After waiting 4 months Lowell have sent me a bunch of documents. . . .


. . . Lowell state my case has been suspended for 30 days.

From what you say Lowell Solicitors have already sent you a Letter of Claim so they wouldn't need to send you a new one.

You responded by sending them a s77/78 CCA Request, but did you also complete the reply form by ticking one of the boxes such as Box D to state that you dispute the debt?

Did you also ask them for other documents such as the Default Notice and the Notice of Assignment?

They responded to your response by producing some documentation and they have given you a further 30 days to consider your position.

(Did you see my earlier post?)

Di

[kameil02]

Hi Di, thanks for the reply. It was definitely sold to Vanquis. The documents Lowell have sent me are all from Vanquis. I did apply online and someone came to see me. I signed what they came with. It was November 2015. The interest was over 100%. It was a bad time admittedly and I only made 2 payments. The collector stopped calling and a few months later I moved house. I never received a notice of default or anything else until I did a CCA request and they sent me several pages all with Vanquis details.

The notice of default is from Vanquis bank it has a date of Feb 2017. And it appears to have been adjusted recently. It has a pay by date of Feb 2019 to be made to Vanquis bank, not Lowell. Either way, I didn't receive it until now perhaps because they couldn't confirm my address. The few letters I got from Vanquis were speculative and often addressed to the occupier. They did address me to confirm they sold the account to Lowell in June 2017. Lowell have been more persistent but the letters were all consistent only requesting payment.

[kameil02]

Yes, I completed the form ticking box D. I then requested the information that was listed on the form, all of them. In addition, I did CCA Request which I sent to Lowell portfolio with the fee.

[Joanna Connolly Solicitors]

I did apply online and someone came to see me. I signed what they came with. It was November 2015. The interest was over 100%. It was a bad time admittedly and I only made 2 payments. The collector stopped calling .

Why did the collector stop calling?

If the collector hadn't stopped calling might you have been able to continue with the payments for a bit longer, or even until the loan was paid off?

Were you given a book to keep as a record of payments which may have been completed/signed by the collector on their visit?

Has Lowell provided a statement showing what payments were collected even though it was only two?

There are many stories of door step collectors not always fulfilling their duty with payments collected.

How much is the balance being chased by Lowell?

Di

[Joanna Connolly Solicitors]

The documents Lowell have sent me are all from Vanquis. I did apply online and someone came to see me. I signed what they came with. It was November 2015. The interest was over 100%. It was a bad time admittedly and I only made 2 payments. The collector stopped calling and a few months later I moved house. I never received a notice of default or anything else until I did a CCA request and they sent me several pages all with Vanquis details.

So the documents you've been sent by Lowell all reference Vanquis even though you took out a doorstep loan with Provident? Is there anything in those documents which refer to it as a loan not a credit card or any reference to Provident by name?

Have they (documents) got the inception/start date correct?

Does the covering letter from Lowell say the credit agreement and Ts & Cs are "reconstituted"?

Does the DN you've been sent refer to the product (i.e. credit card or loan)?

Don't always believe that documents produced by a debt purchaser are honest and accurate, you need to run your own forensics.

Di