Lowells - Claim form issued.

[dekjulie1957]

Hi

 

I am worried ,

 

my husband got into debt with aqua,

 

this was passed onto Lowells who passed it Howard Cohen,

 

they have called and said to him they sent a letter concerning this,

 

he replied that he had not received this letter so they said they would send another ,

 

he has received no communication from them until a court letter dropped through the letter box today,

 

they called two weeks ago,

 

can you tell me where we stand and what to do next,

 

the amount Lowells are claiming is double the debt, probably interest and late payment charges,

 

I have not been on for while but would appreciate any advice my husband is not refusing to pay but surely he should be given a chance to respond

 

 

Thanks in advance

[citizenB]

Can you please respond to the following.

 

What exactly does it say on the claim form - the reason they are issuing the claim.

 

Please let us know the issue date - you will find this at the top right hand corner of the claim form.

 

What is the value of the claim (amount they are suing for)

 

When did your OH enter into the agreement with Aqua.

 

Did you receive the following

 

Default Notice from Aqua

 

Notice of Assignment from either Aqua or Lowells.

 

You say you haven't received letters that Howard Cohen say they have sent when they have telephoned you.

 

When did you cease payments to Aqua and why.

[renegadeimp]

What do you mean by a court letter? Is it a simple letter or an actual claim pack?

[dekjulie1957]

It's a claim form from the Northampton county court

[renegadeimp]

Ok. FOllow the advice CB posted in post #2 so people can help further.

[dekjulie1957]

Ok thanks

don't know if you got my reply

 

I am at work tonight, but it's original amount was Gbp 750 with aqua

 

Lowells are asking Gbp 1485 approx

 

husband lost his job debts spiralled ,

 

think he had a default from aqua but not a letter of assignment from Lowells ,

 

i think it said issued for non contractual payments,

will check the date of the agreement I think was four years ago originally,

he will pay part but they haven't given him a chance thanks for your quick reply

 

I just need to know what we can do and need to know what rights if any we have:???:

[renegadeimp]

WHen you get home, post the particulars of claim, and go through post #2 and answer each question if possible. We need accurate info to help you, so its best to do it when you can sit down and copy it.

[dx100uk]

if you don't have all the statements

 

i'd suggest you get an SAR off to aqua by RD tomorrow

 

dx

[dekjulie1957]

Ok many thanks for your help, I feel sick thinking about it

[dekjulie1957]

Ok thankyou

[renegadeimp]

No need to feel sick. We can help, but we need the exact info first.

[sequenci]

Hello there. Do you know when the credit card agreement was taken out originally? Actually, scrap that you say 4 years ago, so around 2009?

[dekjulie1957]

Hi sooooo sorry for late response been ill yes it was 2009'

[dx100uk]

ok have you acked the claim form

 

defend all

dx

[dekjulie1957]

Hi thanks for reply no I am looking at it don't know where to start, not disputing the debt is owed it's the amount, do I just accept it and set up a plan or email Howard Cohen and ask where the lets are they have supposed to have sent

[dekjulie1957]

Just want it sorted cant sleep or eat sorry can you advise me what to do on the form

[dx100uk]

I think i'm correct by saying you need touse the username and the password on the claimform to log in on the website and ack the claim.

 

ok you might owe 'something'

but I don't think you want to put partial

as you are disputing the debt level

 

select defend all

 

you need to get that done before the deadline expires

dx

[dekjulie1957]

Ok but does that go to the court .... And if I defend all will that result in a judgement against us not that that matters we have a bed credit history from previous years

[dekjulie1957]

Sorry I have another question the claim form says the claim is for monies due from the defendant under the regulated credit agreement but the agreement was with aqua

[dekjulie1957]

I have tried to log in on line but its telling me my claim or password is incorrect, could be that I'm on an iPad

 

 

Thanks DX

[citizenB]

You might need to telephone the court (Northampton) and ask them for help logging in.

[citizenB]

Can you please let me know the date of issue of the claim - top right hand corner of the blue form, near the claim number.

 

Also can you type out exactly what it says on the claim form - the reason they are taking you to court.

[dekjulie1957]

Hi

 

Date is 3rd jun, the reason is as below

 

This claim is for the sum of 1438.50 in respect of monies due from the defendant under a regulated credit agreement pursuant to the consumer credit act 1974

 

This debt was legally assigned to the claimant and a notice of such was provided to the defendant

The defendant failed to make contractual payments in accordance with the terms of agreement. A default notice has been served upon the defendant pursuant to section 87(1) of the consumer credit act 1974

 

The claimant claims the sum of 1438.50 which is inclusive of interest

[dekjulie1957]

We have not received any letters from Howard Cohen as promised when they called three weeks ago they have not even offered us to sort out a plan the credit amount was for Gbp 750 taken out in 2009

[dekjulie1957]

Do you think we should just accept it and offer a plan to pay as we cannot afford in one go, we not disputing we owe it but they have put a lot of late payment and over limit fees on also there is ppi on it but if we chase for that aqua surely would claim it back I'm so confused dont know which way is best

 

 

Thankyou for your time by the way