Lowell claimforn - old Aqua credit card debt

[Trish Costello]

Hello, my first post so please bear with me.

 

I owe a debt to Aqua Credit Card. Due to mental health and physical disabilities I got in to trouble and didn't pay it. It was sold on to Lowell Portfolio who have now taken me to court at Northampton.

 

 

After reading advice I sent a CCA request and a CPPR 31.14. Along with an acknowledgment to defend on 21/05/18. On 18/06/18 I received a letter telling me that this was going to the small claims track. With that I received a questionnaire about mediation.

 

I have been away 2 weeks, while attending a family funeral and received letters to mediate. As I had not responded, I now have a letter Notice Of transfer of Proceedings.

 

I really do not know what to do now, or what this means. I suffer severe depression and fibromyalgia, the worry is now making my conditions worse.

 

Please can someone advise me what I need to do now.

 

Thank you

[dx100uk]

Moved to legals and retitled

 

Please complete this

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

 

Can you please post up the defence you filed too

[Trish Costello]

Thank you.

The defence was one my friend copied from one of the sites, it was along the lines of, I didn't have a contract with Lowell. In truth I didn't understand a lot of this.

Name of the Claimant ? Lowell Portfolio Ltd

Date of issue – 14/05/18

Particulars of Claim 

1) The Defendant opened a aqua regulated consumer credit account under reference ..... on 12/03/2015. (the Agreement)

2) In breach of the agreement , the Defendant failed to maintain the required payments and the agreement was terminated.

3) the agreement was later assigned to the Claimant on 28/02/2017 and written notice given to the Defendant.

4)Despite repeated t=requests for payment, the sum of 1,489.24 remains due and outstanding.And Claimant claims a0 the said sum of 1,489.24

b)Interest pursuant to s69 Count courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of 0.326,but limited to one year, being 119.14.

c)Costs

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

I don't know

What is the total value of the claim? 1793.38 pounds

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

 

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes

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. A debt purchaser

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? Yes

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

Why did you cease payments? Due to illness I could no longer keep up the payments. Depression, Anxiety,Fibromyalgia, back and hip impingement.

What was the date of your last payment? I don't know

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

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

[AndyOrch]

With regards to the question above..

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)

 

Read here...

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

 

Andy

[dx100uk]

Need to see the defence please verbatum

Post it up

[Trish Costello]

Im sorry I don't understand a lot of this. I think this was the defence she sent for me.

 

 

 

CLAIM NO: XXXXXXXX

In the Northampton County Court

 

Lowell Portfolio

Claimant -AND-

Trish Costello

Defendant

 

CASE SUMMARY

 

1. I am the Defendant in this case.

 

2. On 21/05/2018 I wrote to the Claimant requesting Verification of the alleged debt and of their alleged assignment.

 

3. I returned the Acknowledgement of Service on 21/05/2018

 

4. The Defendant sent out a CPR31.14 request letter on 21/05/2018, asking for the following documents to be produce in court:

 

1. Agreement / Contract

2. Default Notice

3. Assignment

4. Formal Demand

 

5. I have received an acknowledgement of my CPR31.14,nor does it appear any of the requested documents have been forthcoming. Only evidence received was Newday sold an account to Lowell on 28/02/2017. There is no Agreement/contract.

 

6. The Claimant contends that: I owe them 1793.38, from a defaulted account with Aqua. However the evidence sent to me was from Newday.

7. On 06/06/2018 I received a copy of the Directions Questionnaire from Lowell Solicitors

 

X. The Defendant rebuts all the above in that

Lowells cannot provide a Contract or Agreement therefore it is unenforceable , as such no claim should have been made. respectfully request the Claimant's claim be Struck Out with prejudice if the agreement is unenforceable due to a lack of an agreement or evidence. to Statement of Truth I believe the facts stated within this Case Summary to be true comprising of xx pages.

 

Dated this day 06/06 of year 2018.

Edited July 30, 2018 by Andyorch
Claim number removed

[Trish Costello]

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)

 

I don't think so

[AndyOrch]

7. On 06/06/2018 I received a copy of the Directions Questionnaire from Lowell Solicitors .

You dont receive a DQ until after you have submitted a defence

 

Is the above not your Witness Statement ?

 

Andy

[Trish Costello]

I didn't do a witness statement

[AndyOrch]

I assume you submitted your directions questionnaire...

 

" On 18/06/18 I received a letter telling me that this was going to the small claims track. With that I received a questionnaire about Mediation. "

[MontyIsInnocent]

6. The Claimant contends that: I owe them 1793.38, from a defaulted account with Aqua. However the evidence sent to me was from Newday.

 

Just in case you weren't aware, Aqua is the brand - credit is provided by NewDay Ltd.