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brown owl

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  1. Hi, I have just received a letter from AQUA re a default they registered without sending a letter first. ' We are required to notify you before we register a default. However we have not sent this information and we want to make sure you are aware that this has taken place. If you believe that you have suffered any detriment as a result of us not telling you before we registered the default , please let us know. We also believe that we have not sent you a default notice when required. Please read the enclosed default notice carefully as it provides you with information about why you have received it and the impact on your credit agreement, and your credit file. Please accept our apologies for failing to tell you before we registered a default and failing to provide you with the relevant notice as required.' The default is registered with Lowell on Noodle. Is it legal for them to do this without issuing a Default letter first please? Also never had any statements etc from Aqua. I also have another one registered for Lowell on the same date (sept. 2016) which I think is for a county courti Claim that was stayed as they did not reply to my defence -can this be removed from my file? Help appreciated as always.
  2. Hi, I have just received the above letter also and the default is registered with Lowell on Noodle. Is it legal for them to do this without issuing a Default letter first please? Also never had any statements etc from Aqua. I also have another one registered for Lowell on the same date (sept. 2016) which I think is for a County Court Claim that was stayed as they did not reply to my defence-can this be removed from my file? Help appreciated as always.
  3. Just had an email from the court stating the case is still stayed. Is there anything I can do to complain about this? Hope this helps some others who have received this.
  4. Thanks for the advice. If I have not actually had the Directions questionaire from the court can I just wait and see if anything turns up from them before responding off my own back so to speak. Can Lowells do anything further if I have not had the forms directly from the court and don't reply? I have still not been able to get through to the court re the stay:-x Thanks
  5. I got the same today also. Checking if the stay has been lifted.
  6. Many thanks. I have tried to ring the court but I am number 13 in the queue!! Will try later. Also I have not received anything from the court yet-this is just a copy from Lowells- should I ask the court about that? Thank you
  7. Hi, back again I'm afraid! I thought I had heard the last of the above but today received a copy of a form 'Directions Questionaire'- I have not had one of these before so would be grateful for advice on what it is and what to do now please? (Not had anything else from the court of Lowells since filing the defence acknowledgement) thank you sorry I mean receiving the defence acknowledgement!
  8. Hello, I had a letter from the court on the 7th June stating that my defence had been sent to the claimant etc. I have heard nothing since. Do you think the case has been stayed? Is it possible for me to find out and do I need to do anything further please. many thanks
  9. Hi, I received a letter from Lowell Solicitors today saying that my request for documents had been forwarded to their clients (Lowells Portfolio) and they will forward them on to me on receipt. Then they thank me for my patience and look forward to hearing from me. As I have sent my defence shall I just ignore this? Thank you
  10. Okay. Thank you. Sent off now. Guess I just wait to see what happens? Thanks for all the advice.
  11. 1 The defendant entered into a consumer credit act 1974 Regulated agreement with Lloyds Banking group PLC under account reference 2504.......... (@the agreement'). 2.The defendant failed to maintain the required payments and a default notice was served and not complied with. 3.The agreement was later assigned to the claimant on 17/06/2015 and notice given to the defendant. 4.Despite repeated requests for payment the sum of £1559 remains due and outstanding. 5.And the claimant claims a.The said sum of £1559 b' Interest in pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing daily rate of £0.342 but limited to one year being £110 c.Costs The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. . 1 .Paragraph 1 is noted. I have had an account in the past with Lloyds. The account was closed and was and is in dispute for the excessive charges and fees also I do not recognise the account number referred to by the claimant. 2 .Paragraph 2 is denied I am unaware of any default notice being served. 3.Paragraph 3 is denied and I am unaware of any legal assignment or Notice of Assignment allegedly served. . 4. Paragraph 4 is denied. On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. . 5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: . (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; . 6.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. . 5.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. . 7.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Is that okay to send now please (once details filled in). Do I need to say anything about their paragraph 5? Thank you
  12. Okay, I have had another search. Is this okay please? Taken from an old overdraft post. I am not sure if its a current account with overdraft facility or if I just went overdrawn. They closed the account and I have no information anymore 1 The defendant entered into a consumer credit act 1974 Regulated agreement with Lloyds Banking group PLC under account reference 2504.......... (@the agreement'). 2.The defendant failed to maintain the required payments and a default notice was served and not complied with. 3.The agreement was later assigned to the claimant on 17/06/2015 and notice given to the defendant. 4.Despite repeated requests for payment the sum of £1559 remains due and outstanding. 5.And the claimant claims a.The said sum of £1559 b' Interest in pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing daily rate of £0.342 but limited to one year being £110 c.Costs The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. . 1 .Paragraph 1 is noted. I have had an accountt in the past with Lloyds TSB but do not recognise the account number referred to by the claimant. 2 .Paragraph 2 is denied I am unaware of any default notice being served. 3.Paragraph 3 is denied and I am unaware of any legal assignment or Notice of Assignment allegedly served. . 4.On the DDicon/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. . 5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: . (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; . 6.As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. . 5.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. . 7.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Hope thats all okay. Thanks
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