Hello;

I have received a claim form from Northampton from Lowell RE: an old AQUA debt.

Genuinely after stop paying them a while ago due to unemployment I have not had any correspondence from from a while until I received the claim form.

I will read on here about similar cases but wanted to know where I stand what I could do going forward?

Any help will be much appreciated.

Thanks

T

Please tell us more about the debt.

Also, send off for a CCA immediately.

Acknowledge the claim with intention to defend and that will give you an extension to 28 days from the date of service.

Meanwhile, please fill this out

go on to MCOL and acknowledge N1 form and tick defend all, is your 1st step - then send off CCA1974 Request to Lowells Recorded delivery,

send CPR 41.14 free of charge to acting solicitors asking for documents mentioned in the N1 court summons Recorded delivery

DK or Andy / Bankfodder will advise also no doubt.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

please fill this out

dx

Thanks for the help so far, I have answered the questions below;

Name of the Claimant ? Lowell Portfolio Ltd

Date of issue – : 12th April 2017

Date to submit defence - 12th May 2017

What is the claim for – the reason they have issued the claim?

1) The defendant entered into a consumer credit act 1974 regulated agreement with Newday Ltd Aqua under the account reference xxxxxx ('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 21/7/16 and notice given to defendant

4( Despite repeated requests for payment the sum of £1095 remains due and outstanding and the claimant claims

a)the said some of £1095

b)interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of issue accusing at a daily rate of £0.240, but limited to one year, being £63.36

c)costs

What is the value of the claim? £1095

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? Not sure most likely to be after 2007 (will try and find out)

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned to Lowell

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? Not my knowledge

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Loss of job, financial difficulties

What was the date of your last payment? Not sure

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No communications with them until now

please note your correct date for defence filing.

is that exactly the wording of the particulars of claim?

not one I recognise for lowells..who is the sols?

Lowells Solicitors, heres Exact wording

1) The defendant entered into a consumer credit act 1974 regulated agreement with Newday Ltd Aquaunder the account reference xxxxxx ('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 21/7/16 and notice given to defendant

4( Despite repeated requests for payment the sum of £1095 remains due and outstanding and the claimant claims

a)the said some of £1095

b)interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of issue accusing at a daily rate of £0.240, but limited to one year, being £63.36

c)costs

thank you

its extremely IMPORTANT poc's are typed out in full verbatim

its what your defence has to answer too.

can you pop and get your credit file

and see if that tell you takeout date

and last payment date

noddle/clearscore/Experian are all free now

Thank you, will post as soon as get this.

but you've obv paid within the last 6yrs?

Yes

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

I am filling the acknowledgement form online, do I need to tick the contest Jurisdiction?

Thanks

T

read my post eh?

Thank You DX.

Acknowledged and defended claim, will send off for CCA and CPR on Tuesday

now start researching

use the search CAG box of the top redtoolbar

Lowell claimform card

Thanks, Will do.

Hello,

Had a couple of letters back from Lowell saying they received my letter and while they obtain the requests my claim will be on hold. Should I do anything until then?

Thanks

T

not on hold thr court process continues not what lowells say they are trying to fool you and get to the next stage by your default - follow court letters request ignore lowells on hold no such thing at this stage.

Great, thanks. So do I now fill in the defence part on moneclaim online?

Thanks

no you post it up here first!!

dx

Thanks.. I have attached what I received from LOWELL. Will write out defence by searching here and based on non receipt of CCA and CPR (so far). Last day to file defence is 15/5/27 (as claim issues on 12/4/17). Will post once I have written it.

Thanks again.

docs1.pdf

file working day before due to stop other side trashing any defence before the date of submission. by the way left all your details on it redact it, your account is not on hold the court can only do that follow court proceedure not what lowells hope you slip up

Thanks.. I have attached what I received from LOWELL. Will write out defence by searching here and based on non receipt of CCA and CPR (so far). Last day to file defence is 15/5/27 (as claim issues on 12/4/17). Will post once I have written it.

 

Thanks again.

No your def is due Friday see post 6!!!