Aqua Credit Card. Need a bit help with court claim asap

[maddogwhite]

Here is the court claim info, I really need your help because i am running out of time and i do not understand it all.
I have sent the acknowledgment of service 2 days ago. Does this give me more time to send these letters.
claiment is as follows
Lowell portfolio ldt

solicitor is
Lowell solicitors ltd
I have attached the claim

Dept was with aqua credit card taking out on the 01.04.2015
Do i send the CCA Request to Lowell Portfolio or Aqua Credit Card. I believe Aqua sent it to be dealt with Lowell.
The CRP31.14 Requst i send that to Lowell Solicitors correct.

[warwick65]

Re: Need a bit help with court claim asap

CCA request to Lowell
Cpr 31.14 request to Lowell Solicitors

It might be worth sending a SAR to AQUA to get all the details

Remember to acknowledge the claim , you have 19 days from the date on the claim form
If you do it online, tick acknowledge and defend in full but add nothing else

http://legalbeagles.info/forums/show...y-of-Agreement

http://legalbeagles.info/forums/show...ic-information


Follow the first steps http://legalbeagles.info/forums/show...it-Court-Claim

[maddogwhite]

Re: Need a bit help with court claim asap

I have just sent CCA to Lowell with a postal order and CPR 31.14 to solicitor what do i do now. Do i just sit and wait for a update.
Do i not touch the defend claim online on mcol yet just the acknowledgmentand how long do i have to wait for a reply from them and what happens if they do not respond.
Regards
Andrew

[Amethyst]

Re: Need a bit help with court claim asap

Hey there, Now you have done the acknowledgement and sent off your CPR and CCA letters, you're good for a little while. HOWEVER You WILL need to put a defence in by the 33rd day from the issue date printed on the claim, regardless of whether you receive a response from the claimants, so keep an eye on that deadline, even if the claiamnts reply saying the claim is on hold - you still need to file the defence. Post up anything you get back from them in the mean time ( redact any personal info though of course )

You can be having a look at some examples - http://legalbeagles.info/forums/show...t-Court-Claims - to begin with and make sure you understand everything - ask any questions and so on first.

Regards

Amethyst

[warwick65]

Re: Aqua Credit Card. Need a bit help with court claim asap

Just to clarify
Have you acknowledged service with your intention to defends all?

[maddogwhite]

Re: Need a bit help with court claim asap

So if i got the claim date as 12/04/2017 Do i have until the 15/05/2017 before i reply. So anyway why do we do all of this letter sending if you have to defend regardless. Do you defend to say you have not recieved anything from lowell to say they own the dept etc. Or does Lowell drop the case if they can not prove the dept. i am a bit baffled by the hole process to be honest lol.

[maddogwhite]

Re: Need a bit help with court claim asap

So Is this all done for acknowledment now.
Claim History A claim was issued against you on 12/04/2017


Your acknowledgment of service was submitted on 24/04/2017 at 15:35:59


Your acknowledgment of service was received on 24/04/2017 at 16:01:49

[maddogwhite]

Re: Aqua Credit Card. Need a bit help with court claim asap

Claim History A claim was issued against you on 12/04/2017


Your acknowledgment of service was submitted on 24/04/2017 at 15:35:59


Your acknowledgment of service was received on 24/04/2017 at 16:01:49

[Amethyst]

Re: Need a bit help with court claim asap

So if i got the claim date as 12/04/2017 Do i have until the 15/05/2017 before i reply. So anyway why do we do all of this letter sending if you have to defend regardless. Do you defend to say you have not recieved anything from lowell to say they own the dept etc. Or does Lowell drop the case if they can not prove the dept. i am a bit baffled by the hole process to be honest lol.

It still baffles me a bit too I've got a case on hold at the moment that was filed just before Christmas. Nothing at all happening with it but the acknowledgement and defence went in on time so unless they come up with documents it will just sit there. I'm considering whether to try applying to have it struck out. They keep writing to me threatening litigation though, which is just weird and shows how poorly organised these DCA firms actually are.

Right so if the date printed on the claim is 12/4/17 then yes indeed your defence should be filed before 4pm - Monday, 15 May 2017. Your acknowledgement went in on time so that's all good

It is likely they won't respond to your letters by the time you file your defence, so you file your defence saying, basically, they haven't evidenced the claim. then they either let the claim go on hold while they try and find the documents, discontinue if they can't find anything, or send you all the documents requested - if they do this then you can reassess based on what those documents show and decide then whether to continue defending ( amend your defence to argue some finer points) or to negotiate a settlement with the claimant.

The letters are basically your back up to show the court you have tried to find out more information about the claim, and the CCA request they HAVE to comply with in order to proceed with the claim.

[warwick65]

Re: Aqua Credit Card. Need a bit help with court claim asap

Hi
Just to add to what Amethyst has already said

What you are doing is forcing them to prove they have the right to make a claim against you - you don't want to pay them if you don't have to now do you?

The simplest way is a S78 request - if they do not respond , and you can defend appropriately then they can not win
http://www.legislation.gov.uk/ukpga/1974/39/section/78
explains S78
If they can not produce the right documents then S78(6) comes into force

If they can produce the docs then they need to prove that the account was defaulted and terminated correctly and that it was assigned to them in the right way, there is a thread on here about what happens when they don't do it correctly
http://legalbeagles.info/forums/show...ht=#post723474

Hope all that helps

[maddogwhite]

Re: Aqua Credit Card. Need a bit help with court claim asap

Good advice guys. I do not no how true this is. But i got told by a friend who spoke to a money advice place who told him, that if you make a offer of just £1.00 a month to your creditors they have to accept this because you are showing your williness to pay something back. Have you heard of this by any chance.
I am going off having no job here and only recieving job seekers allowance till you get back on your feet' so to speak.

[Amethyst]

Re: Aqua Credit Card. Need a bit help with court claim asap

My dad used to tell me to do that haha- that went well, not. It's okay ish if you intend to get things back together within a couple months and haven't already been defaulted. If you go into a DMP ( like the £1 a month token payments) then all you are really doing to giving them far longer to hold the debt over your head - it will never go statute barred - not until 6 years after you give up paying the £1 a month. Seems a bit pointless to me. It really depends on your situation. Plus other than giving you a bit of breathing space, the creditors don't have to accept a token payment, they can chose to accept it for a bit then go to court, and it wrecks your credit file regardless. (I'm not a fan, can you tell ?)

Once you're at this stage then your credit file is already poopered. A £1 offer now wouldn't be accepted and you would get the CCJ against you as security for the claimant against the debt ( they could try for a charging order, attachment of earning etc etc). Even if your IE sheet showed £1 was all you could afford and the court ordered that as a payment, you would still have the CCJ and an installment order for the next 200 years ( well 6 but you get the drift lol )

If they come up with alL the correct AQUA documents, notices of assignment etc THEN you can look at changing to admit and offering your £1 a month, but with a court claim in the picture, unless you make a offer thats like 70% of the debt you will end up with a CCJ - so you may as well defend it for the moment and they might just ditch the case before getting to court ( as happens an awful lot )

Have you had a read of other peoples threads facing Lowell regards Aqua cards ? If not have a browse about.

Just my opinions of course, and I am a little bit stroppy today.

[Debt Camel]

Re: Aqua Credit Card. Need a bit help with court claim asap

Do you have a lot of other debts apart from this one?

[warwick65]

Re: Aqua Credit Card. Need a bit help with court claim asap

Hi again

Now they have issued a claim I see no point, at this stage in offering anything.

If and I mean if they stump up the documents they asked for you may want, at mediation stage to make an offer with the hope they will not follow through to the CCJ .

If you make an offer today, I suspect they would just take that as an admission of liability and you would get an automatic CCJ- not the aim of the game.

However much they try they can't get blood out of a stone.

One thing to ask, do you own or rent where you live?

[maddogwhite]

Re: Aqua Credit Card. Need a bit help with court claim asap

I have about 10k credit card dept, 5 seperate cards. I had a really good job at the time i got them and lost it later due to ill health. I was thinking of going bankrupt to be honest.