Court summons

undaunted

You state that Lowell have purchased the debt and that you have lost the paperwork. This appears to imply that all you have is a court claim with no evidence of the debt having been submitted.


If Lowell have bought the debt then they should have provided you with a notice of assignment. That notice needs to be correct.


They should also be able to provide copies of any paperwork - deed of assignment (you are entitled to see it), evidence of the loan agreement, statement of account etc etc.


If they cannot provide it then you have a realistic chance of disputing that this debt exists - it is for them to prove that you owe the money not you to prove that you do not!


Whether a joint & several liability is applicable would depend on what was on that paperwork. If you took out a loan in your name and your partner took out a loan in their name rather than the loans being in a joint name then I would defend the claim accordingly


Personally I think you need to issue a defence denying the debt and requesting an order that they produce some evidence for the claimed debt within say 14 or 28 days, failing which you request that the claim be struck out but as National debtline suggests you should really seek some proper advice as a matter of urgency in order that all available facts and evidence can be considered and incorporated into your response - just saying admit it on the basis of having lost the paperwork is very poor advice in my opinion.

khaleesi

Hi and thanks

It was confusing as I was thinking it was the provident loans and not the loan from another company that provident later took over.

I actually got some great advice from legal beagles and have sent both lowell and their solicitors CPR31.14 and CCA1974 requests demanding proof of the debt and denied the debt in defence to the court until they can prove otherwise.

On legal beagles this seems to be a very common thing for lowell to do when they do not even have the paper work and often can not prove anything so seems like chancers.

I will fight it till proven otherwise.