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Lowell Claim Received (Aqua CC)

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  • Lowell Claim Received (Aqua CC)

    Received a claim? Yes (sent to old address)
    Issue Date: 29th Jan 2019
    Have you Acknowledged the Claim?: No
    Total Amount Claimed : Approx £3000
    Claimant’s Name: Lowell Portfolio
    Solicitors Firm: Lowell Solicitors
    Original Creditor: Aqua
    Original Debt : Credit Card
    Particulars of Claim: 1) The defendant opened a Aqua regulated consumer credit account on 29/1/14 2) In breach of the agreement, .... failed to maintain the required payments and the Agreement was terminated (no date stated) 3) The agreement was later assigned to the Claimant on 30/11/2016 and written notice given to the Defendant (I don't have a copy) 4) Despite repeated requests for payment, the sum of £xx remains due and outstanding. And the claimant claims for amount, interest at 8% pa and costs

    Is the debt Statute Barred: No
    List any letters you have sent: None since the claim has been received.
    Any Other Information or Background Details:

    Lowell Portfolio had been sending letters to my new address (last one Sept 2018) however it seems that when assigned to Lowell Solicitors they wrote to me at my old address (pre-action etc) which were not received. Ex-wife opened this one and rung me to inform me.

    Suffering some mental health issues - getting over divorce, getting into a financial mess years past (loans, cc, payday loans etc) due to a past-gambling problem (please don't judge as the weight of guilt I feel for messing up my family is tough), struggling to move on in life, loneliness. I would of had a very poor credit rating at the time of this Credit Card being taken out.

    I rung Lowell and told them about my mental health issues - completed a financial form (not much spare at all to pay them) and sent evidence of medical issues. I know I should have research online and posted on here before doing this but I just panicked. Sorry.

    I would appreciate some support in dealing with this as I really don't wish to have a CCJ placed against me. Thankyou.
    Tags: None

  • #2
    No judgment from us, we've all been there. Aqua is a high interest credit card for people with bad credit .... though normally they start with low limits of say £250... so getting an Aqua card to £3k is an acheivment - I'd guess you kept up minimum payments and the limit kept being raised until you just couldn't pay it any more.

    You have been in contact with Lowell already, but you do need to acknowledge the court claim - do you have the claim form now? Acknowledge Claim
    Do intend to defend in full - it is not binding so you can change to an admission later if you prefer. It will just stop any default judgment being awarded against you while you sort things out. Do that today.

    Then we can look at next steps. Was it Lowell or Lowell Solicitors that you spoke to ?
    Naughty of them to send the pre-action and claim form to your old address - had you responded to any of their letters sent to your new address previously though ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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