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  1. Hi, I have today received a letter from Cabot chasing a debt from an old Aqua card I defaulted on back in 2016. It's the first letter, there's no other information in there, no notice of assignment, nothing. Is there an initial response letter I can send to them. Cheers.
  2. name the issuing court: Kirkcaldy Who Is The Claimant: Cabot Financial (UK) Limited, Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP Who Are the Solicitors: Simon Nolan (Nolan’s Solicitors) What type of action? : Simple What is the claim for – 1. on 21/09/2015 the Respondent entered a credit card agreement with NEW DAY LTD under which the respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the consumer credit act 1974.. 2.The Respondent failed to pay as agreed on demand and is in breach of contract with the said NEW DAY LTD. The said supplier assigned all rights in the said debt of £3079.52 is the sum sued for. 3.The Claimants have made frequent requests to the respondent to make payment of the said sum but the Respondent has refused or delayed to do so. date of raised claim :- 20 November 2018 Last Date Of Service:-14/12/2018 Last Date For Response:- 4/01/2019 What Documents are listed in Box E2 1. No defence – No evidence required. 2. No Stateable Defence (rule 4.4 breach) 3. Defence on Prescription- copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required.) 4. Denial of Agreement – Copy agreement dated 21/09/2015 N.B Generic rule 8 order should never be issued. The facts of each individual case must be considered. It should never be appropriate to have to plead such as assignations or default notices until/unless specific defences are led. The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation. Default notices should never be plead due to Omnia Praesumunter Rite Acta Esse (trustees of the Scottish Solicitors Staff Pension Fund v Pattison & Sim, CISH 96 and Trayners Latin Maxims, p419 420) The claim is for a credit card from Aqua BOX D5 what has the claimant stated: The claimants request that the court order the respondent to pay the sum of £3079.52 When did you enter into the original agreement before or after 2007? AFTER 2007 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.:- It is the debt purchaser who issued the claim. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Not sure, sorry. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Not that I have noticed When was you last payment:- 23 June 2017 Why did you cease payments:- I could not afford the payments, I lost a lot of work and my income went down so low that I was unable to keep up the payments. Was there a dispute with the original creditor that remains unresolved? NO, but I dispute the amount I am being pursued for on the basis that my credit limit was only £1500 yet they want £3079 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? Yes, I offered to pay £10 a week and although they did not formally agree I continued to pay the £10 until June when I simply could not afford it. I have been served with this Form 6A, the simple procedure for notice of claim from Cabot regarding an Aqua Credit Card I had. I have no idea what to do as I am owe money but not £3092, my credit limit was only £1500! Can anyone advise? I only have a few days to respond and dont know whether to ask for time to pay (I have very little to spare, if anything due to my current financial circumstances) or to dispute the claim and stating the reason as being the amount is in dispute... I have filled out the parts requested to the best of my abilities any help is appreciated, i did not realise the date to respond is 4 days from now so im a bit panicky.
  3. first of all - I managed to get another case dismissed back in August thanks to the fabulous advice on here - this latest query is a wee bit different though. My wife has just received simple procedure paperwork today from Arrow/Shoosmiths for a supposed Aqua credit card debt. This is going to be fun as the paperwork was addressed in her maiden name and to an address that she was not living at the time the card was taken out - the address being next door to where we currently live - yes, I married the girl next door! we were married and she had been living with me for over a year prior to this card being taken out - and neither of us know anything about it. personally, I suspect that this has been fraudulently taken out. We have a very open financial relationship so it's not a case of her hiding anything from me. The Sherif officers have delivered to our current address in error obviously assuming that there had been a typo in the address. I can prove that she moved in over a year prior to the card being taken out. She can prove via her banking that she has never paid to an Aqua card. Also we can prove that we were married at the time and that she had changed her name. How do I proceed with this one?
  4. Hi apologies for the long winded post. Please can someone advise on a debt issue i have with Cabot financial. They purchased the debt from Aqua and sent various letters relating to the debt. Eventually it was passed to Mortimer clarke solicitors advising pending ccj request. As they didnt have a web portal to complete an income and expenditure form i did it on cabot's website instead after about a week i received an email saying contact Mortimer clarke. I neglected to do this and was issued with county court papers on 06/07, i contacted both parties to make a payment arrangement but was declined and it was as if all they wanted to do was get the ccj. After pleading my case with no willingness to negotiate on their part i decided fight the case and request a cca which i have done. They have failed to provide a cca i have received a letter dates 30/08 from court saying they have 30 days to notify how to proceed then case will be stayed. Prior to this i have been in touch with debtline who said i could request a tomlin order which is at the creditors discretion i contacted cabot and mortimer clarke with the request and needless to say they were unwilling to agree and just wanted the ccj. At the time i just thought it was a mutual agreement between myself and cabot but it turns out it is an official court order which i suppose is better than a ccj. I have received a letter the other day 06/09 from Mortimer clarke headed "without prejudice save as to costs" it says that cabot are willing to agree to a tomlin order and i have 14 days. They have attached an income and expendature form to complete along with an offer. The debt collection teams for both companies were so unhelpful and unwilling to listen to the fact i had initially completed the online form for cabot or the reason i was in debt in the first place. The debt is from a bad point in our lives and i am not unwilling to pay it back but these companies buy the debt for a fraction of the price and go straight for a ccj, absolutely despicable. The defiant side of says stand your ground and keep fighting on the grounds it is currently unenforceable but my head is saying complete the form. If i agree to a tomlin order and there are issues further down the line the lack of a cca will be irrelevant ill just end up with a ccj and this will have been for nothing. Just wanted to know if anyone had been in a similar situation or can advise what my options are. Kind regards Ian
  5. Sending my prelim letter claiming compound interest today using the old cash advance rate of 39.94 as they raised the interest rate but I didn't incur any changes after this 7% increase last July so if I had to justify the new rate in court I think I wouldn't get a sympathy vote from the judge. Posting to:- 7 Handyside Street London NC1 4DA
  6. I need a little help with this claim form please: Name of Claimant : Cabot Financial Ltd Date Of Issue : 5th April 2018 What is the claim for : By an agreement between SAV credit Re Aqua & the Defendant on or around 11/04/2016 (The Agreement) SAV Credit Re Aqua agreed to issue the defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1300 2.Costs I have not received prior notice of a claim to be issued. Value of the claim is 1511.83 Claim is for a credit card Original agreement was after 2007 Account was apparently assigned to Cabot Financial and the claim has been issued by them I did not receive a notice of assignment I don't recall if I received a default notice from Aqua I have received no Notice of Default Sums Ceased payments because I was out of work and claiming carers allowance I did contact Aqua and told them of my position, but they claimed I could afford a level of repayment that was way out of my affordability, I did try to negotiate reduced payments with Aqua but my offers were rejected by Aqua. I'm in the process of writing a CCA request, can anyone give me some help with what else I need to do please?
  7. 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
  8. Hi, Some time back, I had an aqua card from NewDay. At first I was keeping up the payments, but it all got out of hand when they started to call me several times a day and constantly added multiple £12 charges to the account for late payments and unauthorised over limit fees per month. Eventually I blocked their numbers due to the alarmingly high number of times a day they called me and let them be for a few months. Over the weekend, I sent the Chariman an email asking to offer monthly token payments whilst I investigate the state of the account but received back an email which read: The account is in dispute due to the charges, their staff were told this but they moved the account on anyways. I fully intend to contend the extra fees and interest thereof but I'm not quite sure how to approach this now it's with another company. Could someone advise me as to how I should: 1) Respond to the email to ensure that the account remains with Newday whilst I look into the charges etc... 2) Ensure that debt collection activity is ceased whilst this is being investigated? Any help would be appreciated. Cheers, Ade
  9. Hi I have received a county court claim from Lowel solicitors for a aqua credit card that i took out 2 years ago. I don't have much idea what to do now. I have read a little on here but do not understand. Do I first go onto the county court website and say that I am defending the claim. Do I send a CCA letter of some sort to Lowel solicitors or to the original Aqua credit card I took out. County court issue date 12 April 2017 Signed Lowell solicitors The agreement was later signed to the claimant on 21.7.16
  10. Does anyone happen to have a contact email for Aqua and marbles? Im aware its the same company but i cant find one? A colleague of mine had to take some time off work due to various personal issues. He's now back in work, but is behing with other more important bills and wants to arrange a reduction in payments, a payment break or even better stopping interest for a couple months. He refuses to deal with them by phone, as for the last 2 weeks, marbles has been attempting to contact him 8-9 times per day, going by his call log. Anyone able to shed some light on the elusive email?
  11. I had court papers in October 2015 from Restons on behalf of Cabot Financial (UK) Ltd. I put in a defence and requested CA and stated I believed the debt to be SB. Just before Christmas 2015, Cabot sent me a letter saying they could not find the original CA and as such any alleged debt was "unenforcable". Today I get a letter which says: "We have been instructed to write to you regarding the above matter. We note from reviewing your account that you have not withdrawn your Defence, nor has a payment arrangement been agreed. Due to the time which has elapsed since the proceedings were issued, our Client has asked us to remind you of the detail regarding the outstanding debt. The current outstanding balance is *jellybeans* which relates to the Aqua card facility with account number *chocolate coins*. Our clients records indicate that the account was opened on or about *mint crisps* 2008. In line with the Terms and Conditions which governed the account, the original creditor had a contractual right of assignment. In other words, the original creditor was entitled to transfer their rights and benefits under the account to a third party and that right was exercised on *Quality Street* 2011. Our client has asked us to explore the possibility of a settlement being achieved without the need for this litigation to continue and is therefore is willing to enter into a payment arrangement that is affordable and sustainable by you. We kindly ask that you complete and return the attached financial statement within the next 30 days, confirming what your offer of payment is. If you wish to settle the matter by way of a lump sum payment our client may be able to offer you a discounted settlement figure. Please contact ourselves on the above telephone number if you wish to discuss settlement of your account or have any queries relating to your account. Yours faithfully *Toblerone*" I gather it's a fishing trip?
  12. Hi I am lucky enough not to require the use of a credit card at the moment. However a family member has run up a considerable balance on this card. I cannot see any way which they can ever pay this off when the interest is so high. Can one of you confirm that they are allowed to charge this much, and is there any way in which it can be challenged? Any help you can give would be greatly appreciated.
  13. I had an aqua credit card, which I did stop paying last year. Before I was able to come to an agreement, they sold the debt. I have sort of ignored them, but I did speak to them on the phone several weeks ago, well Restons their solicitors, and I did say I wasn't prepared to discuss anything over the phone at that time, but they did agree to send me a letter with a repayment proposal/my expenses. This did not happen. I have been looking after my sister who recently had an op and came home to a letter from The letter from Northampton Courts, which I opened today. I have until tomorrow to respond. states that the claimant(Arrow Global) claims payment of the overdue balance due from the defendant under a contract between the defendant and New Day Ltd dated on or about Jul 17 2013 and assigned to the claimant on Feb 22 2016. Do I admit to the debt or fight it. Thanks in advance
  14. Hi all, if this is in the wrong section please move. I have a Aqua credit card, Aqua are part of New Day Ltd, had it about 11 months and no problems, always used and paid in full etc... Then 2 months ago I noticed a £12 charge on account for being over my £200 credit limit, I thought this was odd as in the few days before this the balance was around £195 and I had not used the card. it transpired that interest added had taken my balance to £203 to which they then added the £12 fee. I said I wanted this fee refunded then I would pay, but until then I will not make any payment as the account is in dispute, Aqua are nigh on impossible to get hold off, they insist on doing everything via the telephone, no email, there is a PO Box address Only in Sheffield, and a area in online portal which has like a 100 character limit to send messages to them. They try to call me at least 10 times a day, 5 times mobile and 5 times landline, despite me telling them I will not deal with this on a telephone call and to email me or write me, they have sent me 3 letters, which are only 2 lines long, saying phone us regarding your account. They have since added a further £12 fee for late payment, but I had said weeks before this I will not make a payment because the account is in dispute. I have sent them about 10 different messages via the online portal, each one 100 characters long explaining that I want the 2 x £12 charges to be removed and then I will pay £100 toward the remaining balance, but until then, the account will remain unpaid and in dispute, I also said that I did not wish to be contacted anymore via telephone and for each time they tried calling me AFTER I sent them this message I will record the day and time and charge them £10 each time, well since then they have called more than 30 times so clearly don't care. Earlier they phoned again, I said, Look, the account is in dispute over these £24 in charges, remove them and then I will make a £100 payment, also, stop calling me, I have said this in writing and am charging you £10 per call, the bill is currently £300 which I will invoice you for, all they said was, ok, sorry for calling, it won't happen again, and then less than 20 minutes later they called again, madness. how can I go about dealing with this, and how can I stop the calls, its bordering harassment now, especially when I have said stop, or I will charge and invoice you, maybe I should invoice them. Are these £12 charges legal, do I have to pay them, I didn't physically spend over my limit, I was taken over it due to the interest added, so surly I can't be charged a over limit fee. Sorry for the ramble, am venting a bit, angry is not the word.
  15. I believe Halifax Bank Aqua Card are stonewallers who will not refund penalty charges. I shall therefore take my reclaim for 8 x £12 penalty charges to County Court now that Small Claims Court has shut. Any shareable past experience from going this route, thanks?
  16. Hi does anyone have any email contact details for he aqua credit card - i want to contact them about a debt I have with them and try and sort things out but they only supply a postal address or phone number on their site
  17. Some help and advice would be greatly appreciated I've received a N1 claim form this morning for a Aqua (New Day Cards ltd) credit card sold to MKDP The claim is for just under £1300 + £70 court fee. I'm not disputing the debt as I do genuinely owe it and from looking at the balance, minimal late fees/penalty fees were ever applied to the account I'm wondering what options are open to me as I contacted MKDP this morning with an offer to make a pay plan. I explained that I couldn't afford much as I'm on low income and in receipt of benefits such as housing benefit/tax credits/war disablement pension etc. They replied that yes, I can fill out the Admission part of the N1 with an offer of a monthly pay plan, but they'd still 'file the CCJ' with the court and warned me that it would appear on my credit file... ..For me personally, a CCJ would be a disaster as my partner and I rent a house and will probably have to move this year (can't afford the rent' and from what I understand, we'll find it very difficult finding an affordable rental property with a new CCJ on my file).... ..Are they allowed to accept a payment plan but still CCJ me?? MKDP bought the debt on 30/9/2014, they have sent me some letters asking for repayment, but to be totally honest, I've buried my head in the sand as I'm feeling buried with the amount of other debt we have and are unable to pay those as well
  18. Just a general thread really i thought id share, Now i have diabolical bad credit history which i stupidly trashed when i was 18 and struggled ever since. But earlier this year i applied for a capital one card and was accepted, ok limit is only £200 but wow, then even more shock a applied for a Aqua card and was accepted again for a Aqua start card with a limit of £100, I am determined to be sensible and use these cards to my credit advantage, What is quite funny with the Aqua one is after having the card for 4 months i requested a credit increase, got a letter back after a week or so saying it is a responsible lender and the increase is declined, then 3 days after that letter, my limit went from £100 to £200, weird huh. Still, moral of the story is i now have £400 credit available if needed for dark days. I have used and paid of in full each month to date and will carry on that road. As someone who trashed my credit record as a 18 year old idiot it has taken me to my mid 30's to be able to get credit again. I am determined to do things right this time around.
  19. Hi, Currently I have three credit building cards Vanquis - £250, Aqua - £100 and Capital One - £200. I applied for these to rebuild my credit. Can anybody advise me should I pay the three off now and close them which I can afford?keep one and pay in full every month?keep three and pay in full every month?I will keep the three if it promotes my credit better than paying off one in full every month. Any advice would be appreciated please. Do these cards repair a poor credit history which I have at the moment? Thank you
  20. I've been a member for some time and though have used a lot of the advice found here (thanks) but this is my first post. I need some urgent advice please. I took out an Aqua Credit card back in 2006 which fell into arrears after in 2011 I unfortunately became unemployed and could not repay. The CCA agreement has Halifax Plc as the creditor. The debt was sold on and a court Claim was issued by Aktiv last year for £1700. The particulars of claim states that the credit agreement was with Progressive Credit Limited, and that the account was assigned from Progressive Credit Limited to the Claimant. It also states that I defaulted on the agreement in 2012 but does not state whether a default notice was served. Following my CCA and CPR 31.14 requests, Aktiv's solicitor, sent me the credit agreement with Halifax dated October 2006 along with credit card statements. They stated that Halifax was using the Aqua card under licence from SAV limited, the parent company of Progressive Credit Limited. I have no idea what this really means. I filed a defence that I never had a credit agreement made with Progressive Credit and I have never been provided with a default notice or termination letter. There is a hearing coming up. Do have a leg to stand on with this line of defence? Can they succeed without having to produce termination letter/default notice? Any thoughts would be appreciated.
  21. My wife has fallen ill with bowel cancer and was not in a position to make her contracted payments to aqua. I wrote to Aqua in November 2014 and again in February and march without reply, I have called aqua and asked to be put through to the complaints team but on two occasions I have been left on hold and not got through to the complaints department. Can anyone give me the postal address for aqua card complaints team. I do intend to take this up with FOS But I need to write to them first. Thanks.
  22. Howdo All I come today to prewarn you about a new card being supplied by NewDay Cards Ltd / TA Aqua... I decided to have a look at it and as it shows 49.9% Representative, decided as I havent applied for any credit products in a while, I would take the plunge. After some time of repairing my credit history I am better off then where i used to be about a year ago. When applying and going through the setup it instantly stuck a 69.95% interest rate on the card... I have spoken to quite a few people who have had the same issue. Please be careful with these Interest rates. They are eye wateringly high. I have declined my current application from going forward because of the rate. I have a Vanquis card that is 29% which is still high but nothing compared to this... So lesson learnt, be weary of what you are signing up for. [ATTACH=CONFIG]55251[/ATTACH]
  23. Hi everybody, this is incredibly urgent and i'm getting no help from AQUA, I got a Credit Card from them a month ago, and i transferred £800 over not realizing you're not really suppose to, and after some research some peoples accounts have been locked because of this. Now I have no money at all to feed myself or even get to work!! and they're saying my card is being held in a queue to be reviewed at "Head Office" and they're acting as if this isn't a problem for me. It was transfered from a bank account in my name, it's so stupid. Has anyone got a number for there "Head office"?? I'm so desperate for some help please!
  24. Hi there I need a bit of help if possible. I came across this forum online and have problwms I have two credit cards aqua and capital one and I owe £220 on the aqua and £330 on the capital one which are both rising with interest and late payments. Both have entered default and it's my fault as I wasn't able to cope with my finances too well (job loss). The late payment and interest make up a chunk of the debts and I would like help and guidance on how to proceed to pay monthly. Should I ring and dicuss with them to set up a plan but I've read in forums you should never ring and only write? Is there a way to remove the excess charges like?
  25. Hi, i have recieved an MCOL claim form from cabot uk with restons as their acting solicitors. The particulars of claim is for overdue balance due from the defendant under a contract between the defendant and bank of scotland (aqua card) dated on or about XX/XX/2007 and assigned to the claimant on XX/XX/2011 in the sum of 34XX.XX. The claim was issued 10/09/14. I have acknowledged reciept and stated i will defend the claim in full, this was done on 22/09/14. A CCA request was sent to cabot on 24/09/14 to which they have replied. The reply has stated that they dont have the information on file and will have to request it from the original lender. They also say they anticipate to be able to provide this information within 40 days. A CPR 31 request was sent to Restons on 24/09/14 and they have also replied. Restons have basically said that this doesnt apply etc, and that the documents requested are not 'mentioned' in the particulars of claim. What happens next ? should i be looking at building a defence around the fact that cabots cannot provide the CCA and the evidence that any debt exists ? Any help would be great as im unsure as to how this all works.
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