Court CCJ threat

Just_Di

2004arron wrote: »

the letter is a claim form from the court

In which case you must file your Acknowledgement of Service within 19 days of the claim Issue Date stating you "intend to defend all of the claim".

If you do that you will then have 33 days from the claim Issue Date to file your Defence.

Once your Defence is filed the court will write to the Claimant advising them that they have 28 days to inform the court if they intend to continue with the claim or it will automatically be stayed (a pause button on the legal proceedings).

Since you say the claim is for a Provident doorstep loan I would suggest that you immediately send a s 77-79 CCA Request for a copy of the agreement to the Claimant (Lowell Portfolio?). If the debt owner can't comply within 12 working days then the debt becomes unenforceable in court until or unless they do comply.

I would also send a CPR 31.14 Request to the Claimant's solicitors (Lowell Solicitors?) seeking disclosure of any documents mentioned in the Particulars of Claim such as the agreement, the Default Notice and the Notice of Assignment.

I would also send a Subject Access request to Provident to get the full history of the debt. In my experience Provident doorstep collectors didn't always pass the money on which they collected. You need to know exactly what went on.

Di

Just_Di

2004arron wrote: »

they claim the account defaulted at the same address on 29.08.2014

The Default date can be relevant to the Statute Barred status, so if the account was defaulted in 2014 it won't be SB until 2020.

The Claimant would have to prove the Default date.

As I suggested a CPR 31.14 Request seeking disclosure of the Default Notice would be a good starting point.

Di

2004arron

!!! wrote: »

Where were you living in 2009?

At the address?

i was living with my ex partner 6 miles away from that address

2004arron

Just_Di wrote: »

In which case you must file your Acknowledgement of Service within 19 days of the claim Issue Date stating you "intend to defend all of the claim".

If you do that you will then have 33 days from the claim Issue Date to file your Defence.

Once your Defence is filed the court will write to the Claimant advising them that they have 28 days to inform the court if they intend to continue with the claim or it will automatically be stayed (a pause button on the legal proceedings).

Since you say the claim is for a Provident doorstep loan I would suggest that you immediately send a s 77-79 CCA Request for a copy of the agreement to the Claimant (Lowell Portfolio?). If the debt owner can't comply within 12 working days then the debt becomes unenforceable in court until or unless they do comply.

I would also send a CPR 31.14 Request to the Claimant's solicitors (Lowell Solicitors?) seeking disclosure of any documents mentioned in the Particulars of Claim such as the agreement, the Default Notice and the Notice of Assignment.

I would also send a Subject Access request to Provident to get the full history of the debt. In my experience Provident doorstep collectors didn't always pass the money on which they collected. You need to know exactly what went on.

Di

i have a copy of the original agreement from that i requested through a prove it letter. my signature is very different but you can see someone had a go at it.

i also requested a record of all moneys that have exchanged hands. this is laughable, with most weeks i was meant to be paying just 50p to £1..... something funny is going on.

would it be worth sending provident the request additionally?

[Deleted User]

2004arron wrote: »

so....

the default date would have been 26.03.2012 to 10.01.2019 = 6 years and 9 months which would make the account statute bar.

The SB date is 6 years from the date it was last acknowledged, or a payment was made.

You stated:-

"the debt said it was taken out when i wasn't living at the address and a few pounds a months were paid back over a number of years."

So, the SB date will be 6 years from when the last "few pounds" were paid.

Of course, none of this is relevant, because it isn't your debt.

Exodi

OP just admit it, I don't get the need to hide it on an anonymous forum or why anyone is humouring this...

2004arron wrote: »

the debt said it was taken out when i wasn't living at the address

2004arron wrote: »

the account was opened 04.09.2009

2004arron wrote: »

i lived at a different address from 26.03.2012

So you did live at the address when the debt was taken out?

2004arron wrote: »

my signature is very different but you can see someone had a go at it.

So it's also your signature? So are we surmising that an unknown party has also guessed and forged your signature?

The thing I find most bizarre is that instead of being up in arms about fraud and impersonation and going to the police/actionfraud, you're trying to find strange excuses like "I moved out so the loan was registered at my old address, checkmate suckers!" (what that proves I guess I'll never know) and "my signature is slightly off" (which, again, is irrelevant, what would stop everyone just slightly changing their signature to relieve themselves of every contract...)

It would seem extremely easy to prove to which account the payment and repayments were made to immediately resolve this case.

Or let me guess, the mystery fraudster uses the same bank account as you aswell?