Lowell/ BW legal/ Aqua Claim received

[andy07]

CLaim forms received today from northampton for aqua card which defaulted august 2011 , account opened 2007 , default amount 650 , amount chased 980 claim for 1270.

 

Claim date 21/11/2013NOA , not sure if one was received although they are claming so on the claim form in 2012 CCA request sent earlier this month and the due date on that would be 01/12/2013 (maybe thinking that this might have led to the claim)

 

No PPI but im guessing over the life of the agreement there will be more than enough in charges to pretty much make the outstanding balance pretty insignificant ..Questions ?

 

Do we need to SAR Aqua to get a copies of statements etc ? , will hunt around for what statements maybe available but if any are available they wont be comprehensive

If the CCA (agreement was on-line) is not replied to by 01/12 does this affect anything?

What should the next steps be, am I correct in thinking that if we can get a SAR and work out charges then a counter claim for these would be best path?

 

Thankyou in advance

Edited November 26, 2013 by Andyorch
Formatted and spaced

[andy07]

I have tried to split it down for ease of reading but dont seem able

[AndyOrch]

I have tried to split it down for ease of reading but dont seem able

 

Done for you andy.

[andy07]

Thanks Andy !

[andy07]

Any advice guys , I know it's not urgent as got time but would nt like time to run out ?

[AndyOrch]

You have till the 23 Dec to submit a defence so time is hardly running out andy.......33 days in total 5 deemed served so 28 remaining...14 to Acknowledge service and another 14 if its your intention to defend.

 

Gather your information using the CPR requests...have you retained proof of your previous CCA request.

 

Regards

 

Andy

[andy07]

You have till the 23 Dec to submit a defence so time is hardly running out andy.......33 days in total 5 deemed served so 28 remaining...14 to Acknowledge service and another 14 if its your intention to defend.

 

Gather your information using the CPR requests...have you retained proof of your previous CCA request.

 

Regards

 

Andy

 

Ok thanks , CPR request off on Monday and yes I have proof of delivery and postal order receipt

 

cheers

[andy07]

Ok thanks , CPR request off on Monday and yes I have proof of delivery and postal order receipt

 

cheers

Right CPR request sent yesterday , cca request time 12+2 up last Monday with no reply proof of delivery but not checked if po has been cashed , what next ?

I do need to acknowledge the claim by Tuesday which I will do

[AndyOrch]

Nothing to do except read the forum threads and gather knowledge.......just AoS on time.

 

Regards

 

Andy

[andy07]

Well still no responce to CCA or CPR requests , a few phone messages from BW legal last week automated so guessing they dont remove numbers from their mither machine when they start court process. 6 days until my defence needs to be submitted. In the absence of a responce from either Lowell or BW I supose that can be my defence in the first instance after which I wholeheartedly expect them them to produce atleast some documentation so then I go down challenging the amount.... thoughts ??

[andy07]

Just to add a little history , I have done some searching and found a fair few letters on this alleged debt from a number of the usual suspects on here , red , moorcroft , hamptons , and lowell , and at some point all have offered up to 25% discount on the claimed value , this is probably why I was a little suprised to get a claim as if everything was above board why offer discount and also why only now issue a claim ....could it be that they are looking for a default judgement not expecting a responce?

[AndyOrch]

Don't they all?

[andy07]

Reading through other posts expecially in the debt collection forum the concensus is that if you are offered a discount then there is usually something wrong with the debt ........ maybe this is not the case in this instant

[AndyOrch]

Not always the case andy...it may not be cost efficient to litigate subject to the amount...but that is not a conclusion I advocate to.

 

 

Regards

 

 

Andy

[andy07]

Not always the case andy...it may not be cost efficient to litigate subject to the amount...but that is not a conclusion I advocate to.

 

 

Regards

 

 

Andy

 

I will SAR aqua for amount of charges , I am more than confident that the amount of charges that could be reclaimed (potentially) would come to atleast 50% of the claim amount if not more.A question I have is that it would be Aqua that I reclaim charges from or would it be Lowells as the current owner of the account ? If it is aqua then this would not stop lowells from persuing the full amount that they beleive the account is worth or would it ?

[AndyOrch]

The claim should be with the OC...but you can use it to mitigate within your defence against the assignee...after all they have now all the legal rights and responsibilities of the debt.

[andy07]

The claim should be with the OC...but you can use it to mitigate within your defence against the assignee...after all they have now all the legal rights and responsibilities of the debt.

 

Need to ascertain the exact amount to claim next then just incase of compliance with my CCA request

[andy07]

I have been getting alot of automated voice mails from BW of the last few days, Im guessing since receipt of my CPR 31.14 request , apart from trying to bully me into not defending Im curious about what they want . I am loathe to ring them as the concensus of advice is never to speak on the phone unless you can record (which i cant)Surely if they wanted something important they woulnt leave a message from a robot

[AndyOrch]

Answered your own question there andy07...if its important they will write.

[andy07]

defence submitted after requesting an extention as neither of my requests have been complied with , response from bw was no extension as they have no record of receiving a request ??? I have proof it was delivered on the 18th. Defence = non compliant to S78 request

[andy07]

UpdateI have received Notice of N149 proposed allocation plus N180 Directions Questionaire to be returned by 5th of FebruaryApart from a notice of intend to continue with the claim from BW there have been a reasonable number of automated messages asking for me to get intouch I have ticked yes to mediation, agreed with proposed track , entered my local court as venue and signed , I am sending this tomorrow by first class recorded to Northampton Cout office (address they provided for return). The N149 says about serving copies on all other parties .... Do i take it that I photocopy the forms after completion and send to BW?? Just for the record , lowells still non compliant with CCA request made 4 months ago. This is my defence as the CCA request was submitted and received prior to the claim being submitted

[AndyOrch]

Its your choice if you wish to serve a copy on them....it does state within the DQ you are expected to.....but I usually advise wait and see if they serve a copy of theirs on you first.

[andy07]

Its your choice if you wish to serve a copy on them....it does state within the DQ you are expected to.....but I usually advise wait and see if they serve a copy of theirs on you first.

 

I sent them a copy just to be compliant and I did receive one back from them. Now I guess its just a case of sit back and wait. Still no reply to either of my requests but I am aware that now the proposed allocation is for small claims that my CPR request is out of the window , and serves no purpose other than to demonstrate a reluctance to communicate with me I have done as much reading on similar situations not only on this site but with others, one thing that slightly baffels me is that they have come after me with a claim rather than go down the SD route which on what I can gather seems to be BW legals preffered choice of action in cases similar to mine , anyone anythoughts on this ?

[AndyOrch]

I would fully agree......It is really a case of going through the motions with regards to CPR 31 and Small Claims Track...it demonstrates the Claimants uncooperative attitude and sets the basis of any defence.

 

SD,s should only be used for the purpose they were intended for...Initiating Bankruptcy...not debt collection...fortunately we only have the usual two offenders of this practice.

I will let you work out who they are.

 

Regards

 

Andy

[andy07]

I would fully agree......It is really a case of going through the motions with regards to CPR 31 and Small Claims Track...it demonstrates the Claimants uncooperative attitude and sets the basis of any defence.

 

SD,s should only be used for the purpose they were intended for...Initiating Bankruptcy...not debt collection...fortunately we only have the usual two offenders of this practice.

I will let you work out who they are.

 

Regards

 

Andy

 

I wonder ha ha, that's the thing that baffled me, in 80% of the similar situations to mine with the same 2 highly reputable company's the method of action has been aSD , just wondering why I'm so special