Lowell claimform - old Newday Aqua Credit Card Debt ***Claim Discontinued***

[chimp123]

Good afternoon all,

like to say big thanks for this forum reading through all the cases I have managed up until this point not to ask for advise.....

I have been through letter receiving from Lowell, phones calls, sending CCA & CPR requests, creating my witness statement/defence etc (attached to this for background)

 

I have my court date 21st November 7 Lowell have paid the allocation fee which I checked with the court today.

 

This is for a debt with Aqua credit card around £1200 original debt.

 

My question is.......

.They have supplied my old credit card statements but I still haven't received the signed CCA agreement I have asked for or the default notice?

Does that help me in court?

They have even put on their defence they haven't got it but will continue to ask for it from the original creditors?

 

Suppose what I am asking is without me receiving it then surely even if they did turn up with it at court then they can't enforce a CCJ?

Could be wrong but wanted to gather some thoughts from other members?

Anything else you need to know please let me know.

 

Thanks

[renegadeimp]

If you havent recieved the paperwork from them after legally requesting it, you can use the no paperwork holding defence.

 

Unless you contest it and show a judge they havent complied, they will get a judgement by default.

[dx100uk]

going by your WS shame you didnt ask for advise earlier

its all over the place and very repetitive.

 

and theirs is a witness statement not a defence.

 

the failure to supply the agreement and the DN are both fatal to their claim.

 

when did you take this card out?

[chimp123]

Thanks for that, I should of asked the advise in hindsight but wanted to give it a go on my own after reading everything.

 

the only thing they have supplied is credit card statements that it is to date.

I can post their witness statement if that would help?

 

Why did I take the card out?

As in credit card?

Not sure what that has to do with my questions?

[chimp123]

If you havent recieved the paperwork from them after legally requesting it, you can use the no paperwork holding defence.

 

Unless you contest it and show a judge they havent complied, they will get a judgement by default.

 

Just really surprised they paid the allocation fee without supplying this information? Is this normal?

[dx100uk]

yes

its a speculative claim

they don't expect them to be defended

I asked WHEN you took it out.

[chimp123]

Sorry DX.

I will triple check, it isn't statue barred took it out I think 5 years ago but I will check.

 

To be honest I was making payments and have no issues with doing that but Lowell have gone all in to court for it without supplying cca etc.

 

I will 100% be turning up to defend the case.

 

Especially with not getting all the information.

 

I will post witness statement up shortly so you can see what they have put

[dx100uk]

wasn't asking toward it being SB

was asking with regard to s127 re apr 2007 CCA

reconstructions are thus allowed

as its a newday one.

[chimp123]

Wasn't before 2007.

What does reconstructions mean sorry?

Not following

[dx100uk]

they don't have to produce the signed agreement

which is why coming here 1st is important

 

need to see their WS and all exhibits please

read UPLOAD

ONE MULTIPAGE PDF ONLY PLEASE

 

use the search cag box top red toolbar

 

reconstructed agreements

[chimp123]

No problem will scan it when I get home later.

That does not sound good for me now ;(

[dx100uk]

exhibits please

[chimp123]

all documents uploads to date here now

 

exhibits attached, the first one is endless amounts of statements. I haven't attached all the statements. Let me know your thoughts and if I am in trouble. Suggestions welcome

claimant WS.pdf

defence.pdf

[dx100uk]

have you filed your witness statement yet?

[chimp123]

i sent this back in july

defence.pdf

[dx100uk]

we already have that

is that not your defence you filed to the initial claim.

 

where is YOUR witness statement

 

or if that's your wrongly labelled witness statement in prep of the 21st nov hearing

 

where is the initial defence you filed in response to the claimform

[chimp123]

sorry this is the one

witness.pdf

[dx100uk]

right teeth pulling continues

so again the above says DEFENCE as does the other one

so which was your witness statement and which was the defence to the initial claimform...

[chimp123]

the one I attached called witness was the first one I sent to Northampton. that's my witness.statement. the other one to.stockport is my defence. thanks

[dx100uk]

post 17 is the witness statement

post 15 is your initial defence

ok last bit so we have everything.

 

please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[AndyOrch]

the one I attached called witness was the first one I sent to Northampton. that's my witness.statement. the other one to.stockport is my defence. thanks

 

Should be the other way around Defence to Northampton...witness statement to your local county court (Stockport) ?

 

Andy

[chimp123]

Name of the Claimant ? Lowell portfolio 1 ltd

 

Date of issue – . july 2017

 

What is the claim for –

1. The defendant entered into a consumer credit act 1974 regulated agreement with new day ltd.

 

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 21st July 2016 and notice given to defendant

 

4. despite repeated requests for payment the sum of £1250.60 remains due and outstanding

 

interest pursant to s69 county court acts 1984 at the rate of 8% oer annum. Being £93.20

 

What is the value of the claim? £1493.80

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? after

 

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. 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? no

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? some

 

Why did you cease payments?I didn’t cease payments it went to Lowell as I wasn’t paying enough and I didn’t contact Lowell.

What was the date of your last payment? Jan 2016 was the last payment

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

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I let the original company know I was having debt issues. Didn’t arrange a payment plan to my knowledge

claimant WS.pdf

defence to stockport 3-10-2017.pdf

Defendant WS.pdf

[chimp123]

three weeks to court date. I dont have the default notice but I am not sure if not having the signed agreement matters now? Or does it?

[dx100uk]

I've popped everything in post 22 so we can easily reference it

 

they have no agreement

they have no default notice

 

both are fatal to their claim.

 

dx

[chimp123]

really?

 

I thought they didn't need the agreement but great.

that is what I will be saying in court.

 

they have paid the allocation fee.

they haven't sent it me

they say on witness statement they need to request it.

 

wouldn't surprise me when I turn up they have it.

what Happens then because they didn't submit or send to me?

 

just hyperthectical