Lowell/carter 2 claimforms 1 aqua card, 1 cap1 card ***1 Claim Discontinued - 1 stayed***

[amac31]

I have received letters from Bryan Carter with regards to 2 outstanding credit card debts ( Aqua, Capital One ).

 

The Aqua card debt does not show on my credit file but the Capital One debt is registered on my credit file via Lowell.

 

The capital One debt defaulted in Nov 2007 for £ 419

but I have been taken to court for the amount of just over £700.

 

I received the letters on the 28th and court proceedings were also issued on the 28th.

 

Up until July last year I was paying token payments on all of my debts

but was advised to stop this by the money advice trust because I don't have enough to cover priority debts.

 

How should I defend these claims and how should I reply on the court forms?

 

Any help appreciated.

[dx100uk]

so you have ACTUALLY got the claim form?

 

or is this a threat?

 

dx

[amac31]

Hi, Thanks for your reply , I actually have the claim forms. They were issued the same day the letters were posted.

[dx100uk]

fine that's not right!!

 

can you post up the Pocs as they read on the 2 N1's please

 

dx

[amac31]

fine that's not right!!

 

can you post up the Pocs as they read on the 2 N1's please

 

dx

 

 

 

Here they are.

[dx100uk]

when was your last financial transaction in/out on each?

 

dx

[amac31]

when was your last financial transaction in/out on each?

 

dx

 

 

My last payments were made July 2012. I was making nominal payments to all of my creditors up until that date.

[renegadeimp]

Oh look lowell and carter. Surprise surprise.

[fkofilee]

Oh look lowell and carter. Surprise surprise.

 

Agree, what can we do to stop this?

[citizenB]

Ok, both issued on 28th August so your timeline is as follows:-

 

Issue date 28 August + 5 days for service = 2 September + 14 days to acknowledge = 16 September + 14 days to submit defence = 30 September.

 

This is quite odd they usually merge these into claim ?

 

So you have 2 claims, 1 for Aqua and 1 for Capital One.

 

Can you give us a little more history - when did you enter into payment arrangements on these accounts and was it whilst they were still with the original creditors.

 

Do you know if interest was frozen on either/both accounts?

 

I am very surprised at the advice from the Money advice Trust - when they advised you to cease making payments, did they advise that you should write to your creditors letting them know why you were no longer going to be making even token payments ?

 

Ok, so you have letters and claim forms issued on the same date. What do the letter says please ? Do they give you any time in which to contact Lowells - can you please edit and post those up for us to see as well

[amac31]

Hi, thanks for your reply.

I will post letters up later.

 

I have had payment arrangements with both creditors for years with various DCA's

but have always fell behind due to circumstances which is why they were passed to different DCA's .

 

I was paying Lowell £1 per month for all my accounts up until July last year.

 

Money advice said that I simply could not afford it and to stop paying

and to deal with each DCA as needed if they were to take me to court

 

hence I am here now as Lowell are the first to do so.

 

I do not work nor do I claim benefits,

as a family we rely on my wife's salary alone.

 

I cannot claim Jobseekers because I look after our children so unable to seek work.

[citizenB]

Do you own your home ?

[renegadeimp]

I think people need to be making formal complaints about lowell and carter. Especially them hiking the debts up, or merging them so the total amount allegedly owed reaches the BR point.

[sequenci]

Money advice said that I simply could not afford it and to stop paying and to deal with each DCA

 

Hello there, can you clarify who this was please? Do you mean the Money Advice Service?

[amac31]

Sorry for the delay,

 

I have uploaded the first letter sent out the same time as the proceedings letters, the letter is the same for both accounts.

 

Yes I do own my home but I have £20K negative equity in it,

I have mortgage arrears and a suspended repossession order on it.

 

I do not mind if they go down the bankruptcy route as it is something I would do to myself if I could afford it.

 

We are on the local authority housing list to be rehomed anyway and we also have somewhere to live if we needed to.

 

It was the money advice service that gave me that information.

 

Does it make a difference to the Aqua account given that it does not appear on my credit file?

 

I also have a JD Williams account via Lowell for over £1000 but I have not heard anything from that yet as it is quite recent to Lowell

and I have not replied to any threats about that account nor made any payments to them for it.

 

I would appreciate it if someone could tell me how to reply to the court forms and do I admit or deny the debts?

[citizenB]

amac, until you actually receive the Claim forms, then we cant anticipate.

 

If/When you receive them, you could let us know the Issue date and the wording on the claim form - then we can help.

[amac31]

amac, until you actually receive the Claim forms, then we cant anticipate.

 

If/When you receive them, you could let us know the Issue date and the wording on the claim form - then we can help.

 

I received them the same day as the letters, it hey are uploaded to site, you can view them on the 5th post down in this thread.

[AndyOrch]

Service date is the 28th August so you have plenty of time to consider your options.

 

You have 33 days in total (5 deemed served so 28 remaining) 14 days to acknowledge service (this can be done on line using MCOL with the password provided on the summons once you have registered to use that service).

Subject to your plea if defending you have a further 14 days to submit a defence/s.

 

Regards

 

Andy

[amac31]

That was my original question, how do I file my defence, do I dispute the claim or do I admit the claim? If I dispute the claim what do I put as my defence?

[AndyOrch]

You file a defence using the MCOL website as per the summons instructions. As for your plea only you know if there is a dispute or the reason you do or dont owe it.

[amac31]

Hi, thanks for all the advice.

 

I sent off prove it letters to Bryan Carter for both of the above accounts,

I received a response with regards to the Aqua account which is not shown on my credit file

but as yet have not received a response to the Capital One account which is on my file via Lowell.

 

Do I still send off my acknowledgement to the courts

or do I not need to as they have said that they have put the account on hold until they hear from Lowell's?

 

Please find the letter below:

 

[ATTACH=CONFIG]46285[/ATTACH]

[AndyOrch]

No you must follow the time table as per my post ...if you do not AoS on that date then you get a CCJ by default.

[amac31]

No you must follow the time table as per my post ...if you do not AoS on that date then you get a CCJ by default.

Ok thanks.

AOS submitted today,

I intend to defend the claim as the amounts they are claiming are far higher than the original default amounts.

 

How do I go about preparing a defence?

 

Is a defence still needed as Bryan Carter has put the accounts on hold pending further instructions from Lowell.

[citizenB]

Ok thanks. AOS submitted today, I intend to defend the claim as the amounts they are claiming are far higher than the original default amounts. How do I go about preparing a defence?

Is a defence still needed as Bryan Carter has put the accounts on hold pending further instructions from Lowell.

 

 

Unless BC has provided you with a new filing date in accordance with CPR15.5 - he cannot simply "put things on hold". A claim has been issued and the court clock is ticking.

[amac31]

Unless BC has provided you with a new filing date in accordance with CPR15.5 - he cannot simply "put things on hold". A claim has been issued and the court clock is ticking.

Ok thanks, so any advice as to how to file my defence would be appreciated.