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Lowell Claim (Aqua) updated

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I’ve received a Claim form from Northampton CC. Particulars of Claim

 

1. The Defendent opened a Aqua regulated consumer credit account on 24/08/2015 (‘the agreement)

 

2. In breach of the Agreement the Defendent failed to maintain the required payments and the Agreement was terminated.

 

3. The Agreement was later assigned to the Claimant on 16/11/2016 and written notice given.

 

4. Despite repeated requests for payment the sum of £1061.99 remains due and outstanding. And. The claimant claims a. the sum of £1061.99

 

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 £0.233 but limited to one year, being £84.96

 

c. Costs

 

Obviously it’s not statute barred but is there any other way to avoid a CCJ?

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Date of Issue 28th Jan 2019

 

Particulars of Claim

 

1. The Defendent opened a Aqua regulated consumer creditlink3.gif account on 24/08/2015 (‘the agreement)

 

2. In breach of the Agreement the Defendent failed to maintain the required payments and the Agreement was terminated.

 

3. The Agreement was later assigned to the Claimant on 16/11/2016 and written notice given.

 

4. Despite repeated requests for payment the sum of £1061.99 remains due and outstanding. And. The claimant claims a. the sum of £1061.99

 

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 £0.233 but limited to one year, being £84.96

 

c. Costs

 

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

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?No

 

Did you inform the claimant of your change of address?N/A

 

What is the total value of the claim? £1296.95

 

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

 

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. Lowell has issued the claim so it’s the 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 ? I’m unsure

 

Why did you cease payments? I have ongoing mental health issues and also autism so I tend to be terrible with my finances

 

What was the date of your last payment?I’m unsure but probably end of 2015

 

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

 

Sorry for my late response - I’ve been working late.

Edited by dx100uk
format

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=aqua+claimform&sa=Search+CAG

 

thread title updated for clarity


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thank you for your help. I have acknowledged service and defended all. I will start the CCA request. Lowell is sending me letters saying they’ve taken me to court and asking me to respond to them.

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std rubbish read like threads get upto speed - see the blue link in post 7

 

the more you read the stronger we become

 

dont leave sending cca/cpr too long!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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What defence should I file? Or does that depend on the CCA request outcome? Even though I know that if you hear nothing you need to file a Defense on time.

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PerceptionReality said:
What defence should I file? Or does that depend on the CCA request outcome? Even though I know that if you hear nothing you need to file a Defense on time.

 

This type of question is disconcerting and apparent that you need to get up to speed.......

 

Read here....

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Andy


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I’ve read these threads already. You need to file a defence as far as I know. And my case is not statute barred. I assume you feel my case is covered in a previous thread which is fair enough but I have 2 more days. Have not heard anything further from Lowell.

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You don't need to hear from them

Holding/No paperwork defence in lots of those threads already 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ive just received the paperwork from the creditor which sets out their argument and the hearing is supposed to be going ahead on 9th September so looks like they aren’t going to back down.

 

at the moment I am on sick leave from work due to my MH issues and I really want to avoid a court hearing

- I’m just not well enough to cope with it.

 

What is the best way forward for me at this point?

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Threads merged.....please do not start new threads on the same issue.

 

Andy

  • Like 1

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Well we got there in the end......

 

So you have various options on how to conclude this...depending on how you would like to to conclude.?


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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All three options are fairly easy....its a question of how important is it to avoid a CCJ being registered against you.?

 

1. Do nothing from here on and let the claimant get a judgment.(you get a CCJ)

2. Complete the admittance form and make a monthly offer (you get a CCJ)

2. Speak to claimant and request a settlement via a Tomlin Order with monthly payment pan (no CCJ)

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I think I would rather avoid a CCJ if at all possible. So maybe asking for a Tomlin order is the best option? 

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Yes simply ring Lowell Sols and ask is it possible to settle the claim vis a Tomlin Order with an agreed monthly payment and stay the claim.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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