DW Legal , Lowells and Aqua

[Sandy07]

CLaim forms received from northampton for aqua card which defaulted august 2011 , account opened 2007 , default amount 650 , amount chased 980 claim for 1270.

Claim date 21/11/2013 ,

NOA , not sure if one was received although they are claming so on the claim form in 2012 CCA Request sent earlier in November and no responce , the 12+2 would have been 01/12/2013 (maybe thinking that this might have led to the claim)

No PPI but im guessing over the life of the agreement there will be more than enough in charges to pretty much make the outstanding balance pretty insignificant ..Questions ?

we have limited statements , will hunt around for what statements maybe available but if any are available they wont be comprehensive

Does the non compliance with CCA request have any bearing , would a dispute letter to Lowells stop the action for now

I have aknowledged the claim on-line and I am sending a CPR 31.14 request

What should the next steps be, am I correct in thinking that if we can get a SAR and work out charges then a counter claim for these would be best path?

Thankyou in advance

[Sandy07]

Re: DW Legal , Lowells and Aqua

CLaim forms received from northampton for aqua card which defaulted august 2011 , account opened 2007 , default amount 650 , amount chased 980 claim for 1270.

Claim date 21/11/2013 ,

NOA , not sure if one was received although they are claming so on the claim form in 2012 CCA Request sent earlier in November and no responce , the 12+2 would have been 01/12/2013 (maybe thinking that this might have led to the claim)

No PPI but im guessing over the life of the agreement there will be more than enough in charges to pretty much make the outstanding balance pretty insignificant ..Questions ?

we have limited statements , will hunt around for what statements maybe available but if any are available they wont be comprehensive

Does the non compliance with CCA request have any bearing , would a dispute letter to Lowells stop the action for now

I have aknowledged the claim on-line and I am sending a CPR 31.14 request

What should the next steps be, am I correct in thinking that if we can get a SAR and work out charges then a counter claim for these would be best path?

Thankyou in advance

Any thoughts anyone ?

[mystery1]

Re: DW Legal , Lowells and Aqua

They cannot enforce whilst s78 request is outstanding. They won't comply with 31.14 and for a low amount such as this there is little you can do about it as many judges won't allow cpr 31 to be used and an application to force the issue will cost £80 which is hardly worth it.

If you have the default notice or your own copy of the agreement there may be other defence points but absent these s78 isyour defence and that's what to use. They may abandon the claim with this dfeence as if they win it'll cost them almost as much as they win which they cannot recover most of from you in the small claims court,

M1

[Sandy07]

Re: DW Legal , Lowells and Aqua

They cannot enforce whilst s78 request is outstanding. They won't comply with 31.14 and for a low amount such as this there is little you can do about it as many judges won't allow cpr 31 to be used and an application to force the issue will cost £80 which is hardly worth it.

If you have the default notice or your own copy of the agreement there may be other defence points but absent these s78 isyour defence and that's what to use. They may abandon the claim with this dfeence as if they win it'll cost them almost as much as they win which they cannot recover most of from you in the small claims court,

M1

Ok so I wait until 23rd and submit a defence around the outstanding s78 request, do I need to send anything to Lowell informing them that the account is in dispute due to the outstanding request ?
I wouldnt be suprised if they suddenly complied with it at the last minute completely flattening my defence.
Would a challenge to the amount (i.e. over double what the original amount was the original credit limit £600, default amount off noodle £980 now claim for £1270 so nearly £700 in charges ) be an effective damage limitation path ?

[Sandy07]

Re: DW Legal , Lowells and Aqua

I will start to compose my defence today , target the non compliance with the CCA request in the first instance. Do I have a a chance of challenging the amounts if the CCA is produced before a hearing (somewhat late but I realise this will void my defence )

[mystery1]

Re: DW Legal , Lowells and Aqua

It would negate a defence if they complied. Just because they send a reply doesn't mean they've complied.

Counterclaim for charges.

M1

[Sandy07]

Re: DW Legal , Lowells and Aqua

Thanks M1 , I have had a look through my records and found a NOA , to be honest looks pretty robust. As it came via snail mail I was thinking that I could potentially ignore it but my CCA request to the DCA might be questioned if I hadnt received a NOA.

Just to mention this alleged debt has been passed round a number of DCA previously most of the ones mentioned on these forums with offers of 35% discount from some , some what suprised to receive the claim in these circumstances

[CleverClogs]

Re: DW Legal , Lowells and Aqua

Just to mention this alleged debt has been passed round a number of DCA previously most of the ones mentioned on these forums with offers of 35% discount from some , some what suprised to receive the claim in these circumstances

Bowells issue claims (and Statutory Demands) for alleged debts that even a half-blind zombie could see were time barred under section 5 of the Limitation Act 1980.

[Sandy07]

Re: DW Legal , Lowells and Aqua

Bowells issue claims (and Statutory Demands) for alleged debts that even a half-blind zombie could see were time barred under section 5 of the Limitation Act 1980.

Hi Clever Clogs , section 5 of the Limitation Act 1980 does not apply in this case so my defence will not go down that line , I will be using the above advice and in the event of compliance I will go down the claiming of charges which will significantly reduce the owed amount by atleast 50% i am estimating if not more

[Sandy07]

Re: DW Legal , Lowells and Aqua

Well BW (not DW ...Thats my gym) legal seem keen to speak to me , 3 messages left on my answering service yesterday (all automated) all since they received CPR 31.14 request. Im intrigued to know what they want ...although surely it would be a non automated call if important

[Sandy07]

Re: DW Legal , Lowells and Aqua

Update , I have received a notice of proposed allocation , and a N180 form that I will complete and return to northampton .
I have still not received any responce from my CCA request from 3 months ago and this is my defence , I have ticke yes to mediation ,agreed with track , requested my local court , and signed.
Question , the N149 notice says the N180 should be filed with the northampton court office by such a date and I should serve copies on all other parties . So I should photo copy the forms and also send them to the claimants solicitors is this correct

Many Thanks

[Sandy07]

Re: DW Legal , Lowells and Aqua

Update , I have received a notice of proposed allocation , and a N180 form that I will complete and return to northampton .
I have still not received any responce from my CCA request from 3 months ago and this is my defence , I have ticke yes to mediation ,agreed with track , requested my local court , and signed.
Question , the N149 notice says the N180 should be filed with the northampton court office by such a date and I should serve copies on all other parties . So I should photo copy the forms and also send them to the claimants solicitors is this correct

Many Thanks

Just an update , N180 completed and returned to the court, also copy sent to BW , copy of N180 received from BW on behalf of Lowells just wondering does anyone have anythoughts about the fact that they have ticked no to mediation.
Since then nothing to report , no contact from court or claimant .... thought things would have moved a bit quicker

[Amethyst]

Re: DW Legal , Lowells and Aqua

Yep that's right Things can drag a little bit in between defending and allocation. Still nothing back on the CCA request then?

[Sandy07]

Re: DW Legal , Lowells and Aqua

Yep that's right Things can drag a little bit in between defending and allocation. Still nothing back on the CCA request then?

No not a thing , when I emailed BW to ask for an extention to submit my defence due to not having received any of my requests I was answered that they were not aware of any requests . They will have seen my defence by now so must be aware that there is an outstanding CCA request.

[Sandy07]

Re: DW Legal , Lowells and Aqua

Just another update , received an allocation to my local court 4 weeks ago but nothing else since , no contact from the local court , nothing from BW or Lowells ........does it always take so long or is this unusual considering the original claim was November last year