Received a claim form from Lowell for Aqua debt.

[User324]

Hello, I have received the claim form for Aqua credit card debt. The card was under my wife's name, who doesn't work. I am able to pay small payments each month. What should I do? Another question is, can she enter into an IVA before sending the claim form? Please help.

[User324]

Any one can help?

[echat11]

Hi USER324

Welcome to LB

So, you've received a Court Claim, fill in the following, copy / paste back to this thread without personal details. Once you received a Claim, I don't think you can enter an IVA. This is a non priority debt, so a Court will only ask you to pay what you can afford, so if that's £1 a month, so be it.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:
When was the account opened?

[echat11]

a) First Acknowledge the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence, you've done this.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to the original creditor, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA request to Lowell, they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to their solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[User324]

Hi USER324

Welcome to LB

So, you've received a Court Claim, fill in the following, copy / paste back to this thread without personal details. Once you received a Claim, I don't think you can enter an IVA. This is a non priority debt, so a Court will only ask you to pay what you can afford, so if that's £1 a month, so be it.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:
When was the account opened?

Hi I received the claim on 23/04/2024
I have not filled up the form yet but I want to acknowledge it and offer whatever I can afford
The total amount is £8000
Claimant name Lowell Portfolio ltd
Overdales solicitors
Original creditor Aqua card
Original debt credit card

The claim is sum of £...... due by defenddant under an agreement regulated by the consumer credit act 1974 for a newday ltd.
account with an account refrence of ................. the defendent failed to maintain contractual payments required by the agreement and a
default notice was served under a 87(1) of the consumer credit act 1974 which has not been compiled with.
the debt was legally assigned to the claimant on .....2023 which has been given to the defendant the claim include satutory intrest under s 69 of the county court act 1984 at a rate of 8% per anum from the date of assignment to the date of issue of these procedings in the sum of ..... the claiment claim the sum of ........

the debt is not debt Statute Barred
i have not sent any latters to (eg: CCA/ CPR )
I cant remember when the account was opened

[echat11]

You can Acknowledge Service online.

What you can do is fill in an I & E form, make sure you take into account the 'cost of living', food, energy etc Give yourself a 'buffer' just in case things go up again. On the covering letter write 'Without Prejudice' so your offer of payments can't be used against you if they continue the claim. In the letter explain your personal circumstances, you wife's health, etc.

https://nedcab.cabmoney.org.uk/

https://www.citizensadvice.org.uk/debt-and-money/template-letters-to-creditors/Offer-to-non-priority-creditor---letter/

[User324]

You can Acknowledge Service online.

What you can do is fill in an I & E form, make sure you take into account the 'cost of living', food, energy etc Give yourself a 'buffer' just in case things go up again. On the covering letter write 'Without Prejudice' so your offer of payments can't be used against you if they continue the claim. In the letter explain your personal circumstances, you wife's health, etc.

https://nedcab.cabmoney.org.uk/

https://www.citizensadvice.org.uk/debt-and-money/template-letters-to-creditors/Offer-to-non-priority-creditor---letter/

Thank you. My wife looks after my autistic son. I will be making a payment. I am self-employed and also under an IVA. Do I post forms and a letter? Do you have an example of a letter, and will the court force me to pay a higher amount?

[User324]

You can Acknowledge Service online.

What you can do is fill in an I & E form, make sure you take into account the 'cost of living', food, energy etc Give yourself a 'buffer' just in case things go up again. On the covering letter write 'Without Prejudice' so your offer of payments can't be used against you if they continue the claim. In the letter explain your personal circumstances, you wife's health, etc.

https://nedcab.cabmoney.org.uk/

https://www.citizensadvice.org.uk/debt-and-money/template-letters-to-creditors/Offer-to-non-priority-creditor---letter/

Thank you. My wife looks after my autistic son. I will be making a payment. I am self-employed and also under an IVA. Do I post forms and a letter? Do you have an example of a letter, and will the court force me to pay a higher amount?

[echat11]

Thank you. My wife looks after my autistic son. I will be making a payment. I am self-employed and also under an IVA. Do I post forms and a letter? Do you have an example of a letter, and will the court force me to pay a higher amount?

You don't know when the account was opened?
Has payment been made to the account or has the debt been acknowledged in the last 6 years
The debt might be Statute Barred?

[User324]

You don't know when the account was opened?
Has payment been made to the account or has the debt been acknowledged in the last 6 years
The debt might be Statute Barred?

The last paymet we made to Aqua was around years ago.

[echat11]

The last paymet we made to Aqua was around years ago.

How many years?

[User324]

How many years?

I am sorry the last paymeny I made to aqua was on Mar 21, 2023 I just checked my email.

[echat11]

I am sorry the last paymeny I made to aqua was on Mar 21, 2023 I just checked my email.

O.K. not statute barred. It really is up to you, how you want to proceed, payment plan, defend etc.

[User324]

O.K. not statute barred.

So, should I fill out the form online and offer them what I can afford? Also, do you have a sample letter so I can see what to write?

[User324]

O.K. not statute barred. It really is up to you, how you want to proceed, payment plan, defend etc.

"I am filling out the form online. Do I need to send it without prejudice to the court or Lowell?