How to respond to CCA documents Lowell/Provident

[kameil02]

It's relatively small and not worth staining my credit file today. I had very bad credit in 2015. I distinctively remember Provident being the only place willing to lend me after trying a few others before. The loan was £299 including interest. The interest showing on the agreement sent is 111.90% Lowell provided a statement, it was issued from Vanquis bank March 2019. It shows 2 payments. I honestly can't remember if I was given a book. The debt is £273, I didn't think it would be worth chasing to them.

[kameil02]

The cover letter does not state reconstituted. It only says we 'enclosed the documents in relation to'. The only thing that has Provident is the credit agreement logo. They have sent a notice of assignment however which has Provident personal credit address. It was assigned to Vanquis bank in July 2016. It has my old address, I didn't live there at the time. Everything else states Vanquis or fresh start. Is it ok to attach a document here? I've removed my address and account number. I'll do some more research on this definitely. Thanks for all the tips.

[Warwick65]

Hi Kameil

I have received your PM. I am, as you surmised the same person from that other site so I will do what I can to help. Di, of course is a part of the firm who helped me defend my Lowell claim.

I would think Lowell have now somehow got hold of what was on the reverse of the credit agreements; you may remember the agreements were all on a high pad so I am guessing all the reverse notes were the same.

With my provident, they did not send a proper default notice but I am not sure if that is relevant with it being a fixed term loan.

There might be some milage in the assignment issue - it has been assigned twice now, from Provident to Vanquis and for Vanquis to Lowell but again I am sure someone else can offer advice.

I have not read all your thread as I am somewhat stressed out trying to write my dissertation but I will try to shortly once I have cooked some dinner. As for it only being a small amount, well sadly Lowell will litigate for small amounts so you need to get your ducks in a row.


Remember , there is an awful lot more to enforceability than just the agreement- my Lowell case had a signed agreement but they still lost

[kameil02]

Thanks for replying. Do you think I should have received a notice of assignment when Vanquis assigned to Lowell? They have only sent me assignment Provident to Vanquis.

[Warwick65]

Thanks for replying. Do you think I should have received a notice of assignment when Vanquis assigned to Lowell? They have only sent me assignment Provident to Vanquis.

I do but sadly they can easily mock up one. A SAR/GDPR request should show when the debts were assigned , as there is now no cost I would be sending one to both Provident and Vanquis although they are part pf the same company

I looked on Providents website and they are now charging really silly APRs , far more than I ever paid. For me it was £3 per week for 52 weeks on a £100 loan ; now it is £3.60 per week for 52 weeks

[Joanna Connolly Solicitors]

I've just seen the update to this thread on your new thread here > https://all-about-debt.co.uk/forum/a...vanquis-lowell

Di

[nightwatch]

I am unable to merge the two threads,

Kameil, As this is a court document, it may be in your best interest to contact Di,
di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.,

she may be able to point you in the right direction of what to do now,

Best wishes NW

[kameil02]

Hello, I hope you don't mind me resurrecting this thread after 1 year. My case with Lowell has now reached court with a hearing date of 28 July. Lowell has submitted what appears to me as an undefendable witness statement.

I specifically recall being advised by admin of this site the credit agreement was enforceable. Additionally, I recall being advised on the phone when member Diana Mayhew was not available. The advice was to accept an offer. I was never given an offer as I never made contact with Lowell. They sent a Tomlin order with extra fees which I ignored. I became blindsided by all the successful cases posted online and chose to follow advice that suggested defend.

I've attached Lowell witness statement redacted. I have struggled with my own witness statement. My defence was basic. I believe the only thing I can do is stress never having received the documents and for the claimant to prove I received them. After looking closely at other cases I can see success where something is wrong with the docs or something is missing. I don’t have the skill or knowledge to scrutinise the documents to the required level.

I asked for

1. The Agreement & any associated Terms & Conditions applicable to the account;

2. The Notice of Assignment;

3. The Termination Notice;

4. The Default Notice

5. Any other documents mentioned in the Particulars of Claim

It appears I did not ask for accounts statements which may have helped me. I have mentioned consumer credit act 2006 requiring interval statements.. in my witness statement but unsure if appropriate.

According to Lowell they submitted the requested docs at pre-protocol stage and claim I requested the same docs with CPR 31.14 therefore implying waste of time.

My question is, can I reasonably defend my case if docs appear in order? Meaning, it doesn’t matter if they were issued as stated by Lowell as long as Lowell appears to have the now.

Is it too late at this point to make an offer to Lowell? I’ve had a look at AAD+ templates and wonder if I could use one of those? The debt is around £300 without fees but a CCj would be considerably more with Lowell requesting fees.

I’m in dire straits due to the pandemic not having worked for several months and unsure when things will improve. I’m currently living on benefits. I believe my circumstance would qualify my request for £1 payments but I am desperate to protect my credit. Having had no/poor credit most of my adult life I’ve built it over the last 5 years. Either Lowell or Vanquis placed a default on Experian in November 2019 after I posted on here it never appeared on any of my credit files. It hasn’t impacted my rating but I’m quite sure a CCJ will.

Please, if anyone can offer any sound advise at this stage you will be saving my mental heath. Thanks.

[kameil02]

Lowell witness statement

[Moonmonkey]

Hello, I hope you don't mind me resurrecting this thread after 1 year. My case with Lowell has now reached court with a hearing date of 28 July. Lowell has submitted what appears to me as an undefendable witness statement.

I specifically recall being advised by admin of this site the credit agreement was enforceable. Additionally, I recall being advised on the phone when member Diana Mayhew was not available. The advice was to accept an offer. I was never given an offer as I never made contact with Lowell. They sent a Tomlin order with extra fees which I ignored. I became blindsided by all the successful cases posted online and chose to follow advice that suggested defend.

I've attached Lowell witness statement redacted. I have struggled with my own witness statement. My defence was basic. I believe the only thing I can do is stress never having received the documents and for the claimant to prove I received them. After looking closely at other cases I can see success where something is wrong with the docs or something is missing. I don’t have the skill or knowledge to scrutinise the documents to the required level.

I asked for

1. The Agreement & any associated Terms & Conditions applicable to the account;

2. The Notice of Assignment;

3. The Termination Notice;

4. The Default Notice

5. Any other documents mentioned in the Particulars of Claim

It appears I did not ask for accounts statements which may have helped me. I have mentioned consumer credit act 2006 requiring interval statements.. in my witness statement but unsure if appropriate.

According to Lowell they submitted the requested docs at pre-protocol stage and claim I requested the same docs with CPR 31.14 therefore implying waste of time.

My question is, can I reasonably defend my case if docs appear in order? Meaning, it doesn’t matter if they were issued as stated by Lowell as long as Lowell appears to have the now.

Is it too late at this point to make an offer to Lowell? I’ve had a look at AAD+ templates and wonder if I could use one of those? The debt is around £300 without fees but a CCj would be considerably more with Lowell requesting fees.

I’m in dire straits due to the pandemic not having worked for several months and unsure when things will improve. I’m currently living on benefits. I believe my circumstance would qualify my request for £1 payments but I am desperate to protect my credit. Having had no/poor credit most of my adult life I’ve built it over the last 5 years. Either Lowell or Vanquis placed a default on Experian in November 2019 after I posted on here it never appeared on any of my credit files. It hasn’t impacted my rating but I’m quite sure a CCJ will.

Please, if anyone can offer any sound advise at this stage you will be saving my mental heath. Thanks.

taking this to court for £290 - Lowell probably bought the debt for £30 - i dont get it - im sure experts will be along soon

[The Tech Clerk]

Diana Mayhew

[Warwick65]

I see the witness statement has been removed for your own protection so I can not comment on it, however they always want you to think a witness statement is undefendable

Was it after mediation they sent you the Tomlin order?

It is a shame you did not ask back here when you received the Tomlin order but hey ho. You may still be able to to negotiate payments before court if that is what the right thing to do , I suspect they would still want it formalised with a Tomlin order and the costs involved. Of course as you are not working £1 a month might be possible.

[cymruambyth]

Get in touch with Di ASAP. She will give you the best advice. Remember this is a self help site and sometimes posts are missed. As time is of the essence you could always ring her - all her details are on post 21.