Lowell portfolio court claim for aqua credit

[Dizzyboo]

Received a claim? Yes/No: yes

Issue Date: 23 Nov 2018

Have you Acknowledged the Claim?: not yet, will do online today

Total Amount Claimed : £2100 ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)

Claimant’s Name: Lowell Portfolio I Ltd

Solicitors Firm: Lowell Solicitors Limited

Original Creditor: Aqua

Original Debt (eg. Credit card/Loan/Overdraft) : credit card

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

1. the defendant opened a Aqua regulated consumer credit account under reference xxxx on 26/06/2014 (“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 21/07/2016 and written notice given to the defendant.
4. Despite repeated requests for payment, the sum of £1800 remains due and outstanding. And the claimant claims

a) the said sum of £1800

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 £0.381, but limited to one year, being £140.

c) costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): only 4 years since credit card opened so not SB

List any letters you have sent (eg: CCA/ CPR ): none yet, going library to do these tomorrow

Any Other Information or Background Details: I did have a credit card a few years ago, could have been 2014, left abusive marriage in 2016 and struggled since then on single income - couldn’t even afford to get a divorce... I’ve moved house twice and lost track of any financial stuff other than the essentials, rent, utilities etc. Have had to give up work recently to care full time for my child who has extra care needs so my income is welfare benefits for the time being.

I’m about to acknowledge the claim online and am preparing the letters from the templates - the POC only mentions the agreement, written notice of assignment, and “repeated requests for payment” so on the template I remove “default notice” and “formal demand”?

Any help or thoughts welcome, thanks in advance

[Dizzyboo]

Hi, just need some advice please before I post these letters - looking through other posts on here a lot of claims mention a default notice - mine doesn’t and I don’t remember ever receiving one, although with the address changes I guess it’s possible - will that matter? Should I also send a SAR to Aqua just in case?

[Amethyst]

Morning - apologies for missing your initial post on the 26th - I'm just having a read.

[Amethyst]

Okay, did you get the claim acknowledged? and your CCA and CPR requests sorted and sent?

Lowell have recently stopped mentioning Default, presumably because they have problems producing the relevant documents/information. So although you can include it in the CPR request letter you wouldn't be able to include it in any application for compliance with that request.

It is likely they will have the agreement (as it's 2014 it's likely to be an online application ) so yes, I'd think a SAR to Aqua is in order to find out more about how the agreement was ended. It is likely to have defaulted for non payment rather than Terminated.

Subject Access Request Letter

[Dizzyboo]

Ok thank you, I’ll send the SAR today and add the default notice to the list on the CPR request letter if there’s no harm in asking for it.

I’ve acknowledged service and wrote the letters, was just making sure they’re right before I post them - thanks!

I’m looking on the Aqua website and there’s an Aqua customer service address but a different registered address further down for Newday. Does the SAR go to the Aqua address or the Newday address?

[Amethyst]

Well done.

I'd send the SAR to the Aqua address, they can forward it to Newday if appropriate.

Let us know what Lowell etc come back with on your requests. If they do have all the documentation from the debt then it may well be worth making an offer to pay based on your circumstances ( from what you have said it sounds like you may fall into the vulnerable category which (sorry) might help you get a sensible instalment plan set up keeping this from becoming a CCJ ) - but let's see what they have first xxxx

[Dizzyboo]

Update - I sent the defence before Christmas, I’ve since received the data from Aqua - what a mess(!) but it does include a default notice from a missed payment back in 2014 - the balance was cleared after that but then maxed out later (and they then upped the credit limit - several times!). I’m guessing the default still applies though.

I’ve also had a letter from Lowell with a copy of the directions questionnaire they sent to court, agreeing to mediation. I’m to either agree to mediation or contact them directly if I want to offer a settlement in full or instalments. I haven’t received a directions questionnaire about mediation, does the court send this to me? Or should I just go direct with an offer - although I don’t really have disposable income so it would be token payments at best.