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I have received a claim from Lowell Solicitors Limited, acting for Lowell Portfolio I Ltd, issue date 12 May 2017. I'm a mature student, having just finished my final examinations. I have some unsecured debts from my first couple of years as a student, 2 credit cards and an overdraft. I had some difficulties with the student loans company this year and didn't get paid correctly, which led to financial difficulties. I've had very little income, to the degree I have needed access to learning funds from my university to finish my course, and my landlord started eviction proceedings. This claim appears to relate to an Aqua credit card. My other two creditors would appoint a DCA every couple of months who would write a standard letter, I would reply about my situation, including a budget showing my expenditures exceeding my income, and they would pass it back to the creditor. The only exception was the Aqua card, who appeared did not appoint a DCA, so I wrote to them unsolicited in January as both my other creditors wrote at the same time (this may well be important).
The claim form arrived with a "letter of claim". The letter of claim is dated the 17th of April, although it and the claim form arrived on the 16th of May. I also received another letter from Lowell's, letting me know they were acting on behalf of Lowell's Portfolio I Ltd , which arrived on the Thursday, the 18th. This was the sum total of contact from Lowells Solicitors,and I heard nothing from Lowells portfolio I Ltd. I have not changed address or anything.
The particulars of claim (amended to avoid identifying myself) read:
They are claiming a court fee of 185, and Legal representative's costs of 80, for a total of just over 4k. These toerags are lying through their teeth about being assigned this debt, or at least giving notice. As I said, I have a letter I sent to Aqua in January, although I did not receive a reply (something to which I had become accustomed). I also emails I sent to my student union in February and April as they were advising me. I give the names and address of the DCAs dealing with my other two accounts, and state in the April email "Aqua have not written to me since June".
I filed the AOS online that day, but did not taken any further action until Monday, after my exams had finished. On Monday, I sent a SAR to both Aqua and Lowell Portolio I Ltd. I also sent a CCA request to Lowell Portfolio, and a CPR 31 request to Lowell Solicitors, asking for copies of every document mentioned in the particulars ie: the agreement, default notice, assignment notice, and any requests for payments if they are alleged to have been sent by letter.
I received a reply today. Lowells Solicitor say they have requested the agreement and the default notice from the original creditor. They enclose what is obviously a reconstituted assignment notice, in that it says "It is essential that all..correspondence be directed to" and then gives an address, with a telephone and email of "0". It appears to be a mail merge where something went wrong with the fields. It is not on letter headed paper, although the other documents are. The account number of this notice matches the claim, but does not match my documentation from Aqua (including my very first statement) . The other documents are a copy of the letter of claim, and 2 other letters which I suspect are the "repeated requests for payment", both dated the 11 of April.
I am hoping my SAR to Aqua will prove they received my letter in January (and ones before it), a letter from my student union on my behalf that would have been sent April, and maybe some notes as to why they didn't bother to reply, which should go someway to showing I had no knowledge of this supposed assignment, but of course the deadline for compliance with a SAR is after my deadline for filing a defence. If Lowell's can establish they are now the creditor, I may have a counterclaim, in that, before the account was defaulted I brought something on the card that turned out not to be fit for purpose. I returned it to the shop, who refused to take it, so I took advice and was told to send it back to the head office by recorded delivery, and start a section 75 claim against Aqua. I phoned Aqua at the time and told them and I was sent some paperwork, which I returned. I didn't receive a refund so I called again, and was told they didn't receive the form I had signed, so they sent another copy, which I returned recorded delivery. I didn't hear anything from them and this was the month I was unable to make payments (about 4 months after the purchase) so I left it. Again, I am hoping the SAR has all the details because while I still have the receipt from the post office, the code no longer works on the website. I assume if Lowell's establish themselves as the creditor by way of assignment, I can make this counter claim against them?
If they did buy this, I guessing Lowell's is going to regret it, since I am going to defend, and feel like I might have a reasonably good prospect of success, will probably counterclaim if I can, and even if it all goes tits up, I have no income or assets in any case, and latest advice I received (from step change, not the student union who seemed reluctant to advise this) is to consider a DRO or bankruptcy - the only probably with the DRO is that since I will be graduating in July if I passed my exams, there is an argument my situation will improve in the next 12 months, but in any case by the time this case is heard, I will likely to have taken some sort of insolvency action.
I have some questions.
1) Is the fact the agreement number is incorrect fatal to their case?
2) What the hell are Lowell Solicitors doing filing a claim without the agreement and/or default notice? What should I do if they don't produce it by Tuesday, when the 7 days under CPR 31 expires?
3) Can I delay filing my defence and/or counterclaim until I get a response to the SAR from Aqua, or rather, is there a way I can amend to add these details latter without having to pay for the privilege?
4) I spoke to step-change before this claim was filed. If I do declare bankruptcy, will that include this claim?
5) Anything else I should be doing?
Sorry for the length of the post - I hope I included everything you need, and thanks in advance for any advice you might be in a position to offer.
I have received a claim from Lowell Solicitors Limited, acting for Lowell Portfolio I Ltd, issue date 12 May 2017. I'm a mature student, having just finished my final examinations. I have some unsecured debts from my first couple of years as a student, 2 credit cards and an overdraft. I had some difficulties with the student loans company this year and didn't get paid correctly, which led to financial difficulties. I've had very little income, to the degree I have needed access to learning funds from my university to finish my course, and my landlord started eviction proceedings. This claim appears to relate to an Aqua credit card. My other two creditors would appoint a DCA every couple of months who would write a standard letter, I would reply about my situation, including a budget showing my expenditures exceeding my income, and they would pass it back to the creditor. The only exception was the Aqua card, who appeared did not appoint a DCA, so I wrote to them unsolicited in January as both my other creditors wrote at the same time (this may well be important).
The claim form arrived with a "letter of claim". The letter of claim is dated the 17th of April, although it and the claim form arrived on the 16th of May. I also received another letter from Lowell's, letting me know they were acting on behalf of Lowell's Portfolio I Ltd , which arrived on the Thursday, the 18th. This was the sum total of contact from Lowells Solicitors,and I heard nothing from Lowells portfolio I Ltd. I have not changed address or anything.
The particulars of claim (amended to avoid identifying myself) read:
Code:
1) The defendant entered in to a Consumer Credit Act 1974 regulated agreement with NewDay Ltd Aqua under account reference [wrong reference] ('the Agreement')
2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.
3) The Agreement was later assigned to the Claimant on 12/10/2016 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of [approx 3.5k] remains due and outstanding.
And the Claimant claims:
a) the said sum of [3.5k]
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum the the date of assignment to the date of issue, accruing at a date of [X pense] but limited to one year, being [Y]
c) Costs.
I filed the AOS online that day, but did not taken any further action until Monday, after my exams had finished. On Monday, I sent a SAR to both Aqua and Lowell Portolio I Ltd. I also sent a CCA request to Lowell Portfolio, and a CPR 31 request to Lowell Solicitors, asking for copies of every document mentioned in the particulars ie: the agreement, default notice, assignment notice, and any requests for payments if they are alleged to have been sent by letter.
I received a reply today. Lowells Solicitor say they have requested the agreement and the default notice from the original creditor. They enclose what is obviously a reconstituted assignment notice, in that it says "It is essential that all..correspondence be directed to" and then gives an address, with a telephone and email of "0". It appears to be a mail merge where something went wrong with the fields. It is not on letter headed paper, although the other documents are. The account number of this notice matches the claim, but does not match my documentation from Aqua (including my very first statement) . The other documents are a copy of the letter of claim, and 2 other letters which I suspect are the "repeated requests for payment", both dated the 11 of April.
I am hoping my SAR to Aqua will prove they received my letter in January (and ones before it), a letter from my student union on my behalf that would have been sent April, and maybe some notes as to why they didn't bother to reply, which should go someway to showing I had no knowledge of this supposed assignment, but of course the deadline for compliance with a SAR is after my deadline for filing a defence. If Lowell's can establish they are now the creditor, I may have a counterclaim, in that, before the account was defaulted I brought something on the card that turned out not to be fit for purpose. I returned it to the shop, who refused to take it, so I took advice and was told to send it back to the head office by recorded delivery, and start a section 75 claim against Aqua. I phoned Aqua at the time and told them and I was sent some paperwork, which I returned. I didn't receive a refund so I called again, and was told they didn't receive the form I had signed, so they sent another copy, which I returned recorded delivery. I didn't hear anything from them and this was the month I was unable to make payments (about 4 months after the purchase) so I left it. Again, I am hoping the SAR has all the details because while I still have the receipt from the post office, the code no longer works on the website. I assume if Lowell's establish themselves as the creditor by way of assignment, I can make this counter claim against them?
If they did buy this, I guessing Lowell's is going to regret it, since I am going to defend, and feel like I might have a reasonably good prospect of success, will probably counterclaim if I can, and even if it all goes tits up, I have no income or assets in any case, and latest advice I received (from step change, not the student union who seemed reluctant to advise this) is to consider a DRO or bankruptcy - the only probably with the DRO is that since I will be graduating in July if I passed my exams, there is an argument my situation will improve in the next 12 months, but in any case by the time this case is heard, I will likely to have taken some sort of insolvency action.
I have some questions.
1) Is the fact the agreement number is incorrect fatal to their case?
2) What the hell are Lowell Solicitors doing filing a claim without the agreement and/or default notice? What should I do if they don't produce it by Tuesday, when the 7 days under CPR 31 expires?
3) Can I delay filing my defence and/or counterclaim until I get a response to the SAR from Aqua, or rather, is there a way I can amend to add these details latter without having to pay for the privilege?
4) I spoke to step-change before this claim was filed. If I do declare bankruptcy, will that include this claim?
5) Anything else I should be doing?
Sorry for the length of the post - I hope I included everything you need, and thanks in advance for any advice you might be in a position to offer.
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