Trish Costello
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Lowell claimforn - old Aqua credit card debt
Trish Costello replied to Trish Costello's topic in Financial Legal Issues
I didn't do a witness statement- 10 replies
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Lowell claimforn - old Aqua credit card debt
Trish Costello replied to Trish Costello's topic in Financial Legal Issues
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) I don't think so- 10 replies
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Lowell claimforn - old Aqua credit card debt
Trish Costello replied to Trish Costello's topic in Financial Legal Issues
Im sorry I don't understand a lot of this. I think this was the defence she sent for me. CLAIM NO: XXXXXXXX In the Northampton County Court Lowell Portfolio Claimant -AND- Trish Costello Defendant CASE SUMMARY 1. I am the Defendant in this case. 2. On 21/05/2018 I wrote to the Claimant requesting Verification of the alleged debt and of their alleged assignment. 3. I returned the Acknowledgement of Service on 21/05/2018 4. The Defendant sent out a CPR31.14 request letter on 21/05/2018, asking for the following documents to be produce in court: 1. Agreement / Contract 2. Default Notice 3. Assignment 4. Formal Demand 5. I have received an acknowledgement of my CPR31.14,nor does it appear any of the requested documents have been forthcoming. Only evidence received was Newday sold an account to Lowell on 28/02/2017. There is no Agreement/contract. 6. The Claimant contends that: I owe them 1793.38, from a defaulted account with Aqua. However the evidence sent to me was from Newday. 7. On 06/06/2018 I received a copy of the Directions Questionnaire from Lowell Solicitors X. The Defendant rebuts all the above in that Lowells cannot provide a Contract or Agreement therefore it is unenforceable , as such no claim should have been made. respectfully request the Claimant's claim be Struck Out with prejudice if the agreement is unenforceable due to a lack of an agreement or evidence. to Statement of Truth I believe the facts stated within this Case Summary to be true comprising of xx pages. Dated this day 06/06 of year 2018.- 10 replies
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Lowell claimforn - old Aqua credit card debt
Trish Costello replied to Trish Costello's topic in Financial Legal Issues
Thank you. The defence was one my friend copied from one of the sites, it was along the lines of, I didn't have a contract with Lowell. In truth I didn't understand a lot of this.- 10 replies
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Lowell claimforn - old Aqua credit card debt
Trish Costello posted a topic in Financial Legal Issues
Hello, my first post so please bear with me. I owe a debt to Aqua Credit Card. Due to mental health and physical disabilities I got in to trouble and didn't pay it. It was sold on to Lowell Portfolio who have now taken me to court at Northampton. After reading advice I sent a CCA request and a CPPR 31.14. Along with an acknowledgment to defend on 21/05/18. On 18/06/18 I received a letter telling me that this was going to the small claims track. With that I received a questionnaire about mediation. I have been away 2 weeks, while attending a family funeral and received letters to mediate. As I had not responded, I now have a letter Notice Of transfer of Proceedings. I really do not know what to do now, or what this means. I suffer severe depression and fibromyalgia, the worry is now making my conditions worse. Please can someone advise me what I need to do now. Thank you- 10 replies
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