Overdale solicitors

[echat11]

Fill in the following without personal details, copy and paste back onto this thread.

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:

The only way you get a CCJ, is if you ignore a Judgement from the Court, that shouldn't happen, as you are aware of the Claim. Also you will have
the opportunity for Mediation.

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.

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

b) Send a SAR request to Shop Direct, 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 the Claimant, 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 Overdales, 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.

[Akhan88]

Received a claim? Yes Issue Date: 24 sept 2025
Have you Acknowledged the Claim?: i haven't send any form back yet
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) 500
Claimant’s Name: Lowell
Solicitors Firm: overdale solicitors
Original Creditor: shop direct
Original Debt (eg. Credit card/Loan/Overdraft) : online account
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The claim is for sum of 326 due by the defendant under an agreement regulated by consumer credit act 1974 for a shop direct account xxxx

the defendant failed to mantain contractual payment under the agreement and a default notice was served under section s87(1) of the consumer credit act which has not been complied with
the claim was originally assigned to claimant on 11-01-21 Notice of which have been given to defendant
the claim included Interest 78
The claimant claims the sums of 404


Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):yes
List any letters you have sent (eg: CCA/ CPR ): nothing yet.
Any Other Information or Background Details:


The original creditor never severed me default notice and just issued me default back in January 2021 before they sold it off. I started a debt management plan back in 2016 and they should have issued a default at that time when I wasn't paying contractual payment but they delateddelayed it till 2021 which I took them to financial ombudsman and won and shop direct was ordered to remove default and pay me 250 compensation

My defence would prob be that it is unenforceable as they didn't follow credit act properly and hence financial ombudsman agreed they haven't seen record kf any notice serviced according to the rule.

I'm going on holiday next Tuesday 1 Oct and back on 22nd Oct so what do I need to do before I go ?

Please help i will post reply from financial ombudsman as well

[Akhan88]

Please find attached financial ombudsman finding

[echat11]

a) You need to do this today you can do this online vial MCOL, or send it off - 'Have you a) Acknowledged the Claim?: i haven't send any form back yet;

b) You need to do b, c and d before you leave on the 1st Oct.

c) Providing you don't forget, you can file your Defence by the 24th October (after you comeback) or seek an extension if you haven't received the documents from Overdales.

The FOS response isn't relevant at the moment.

[Akhan88]

Do i need to send Acknowledged letter to court or just the steps you mentioned? Is the fact that financial ombudsman find shop direct has not acted fairly can be use as defence that its unenforceable? I need to prepare defence just in case my flight ks delayed so I will have it ready and my sister will post it for me if I'm not back on 22nd. Also if I were to call overdale on Monday and offer to pay will it be that 500 or 400 they claiming for and if I pay they would just inform the court they don't want to pursue and I won't get any ccj and any more dealing with court ?

[Akhan88]

Sorry ignore the point about what i need to do for court

[echat11]

Sorry ignore the point about what i need to do for court

You need to decide what you want to do. In your Defence you are just responding to their Particulars of Claim.

You can agree to pay the debt, Overdales will withdraw the claim, but all this can be done with the claim forms
you received from the Court.

You can prepare a Defence, but you won't be able to address whether the claimant has sent you the
requested documentation.

[Akhan88]

Let say I want to pay what amount it would be the 400 or 500 as after adding court fee 50 and legal cost 50 its 500. If I call overdale on Monday and pay them do I still need to respond to claim form or Acknowledge it? Or just pay them let them withdraw and keep proof of payment just in case they go ahead with it.

For defending do you think I have defence by using financial ombudsman complaint outcome ?


Regards

[echat11]

Let say I want to pay what amount it would be the 400 or 500 as after adding court fee 50 and legal cost 50 its 500. If I call overdale on Monday and pay them do I still need to respond to claim form or Acknowledge it? Or just pay them let them withdraw and keep proof of payment just in case they go ahead with it.

For defending do you think I have defence by using financial ombudsman complaint outcome ?


Regards

You don't need to call them, you've been sent forms that you fill in and admit to the debt and then arrange payment.
You can admit to the debt on MCOL online.

The FOS complaint might help your case, but the important things are the agreement, default notice and letter of assignment.

[Akhan88]

Hi thanks for your reply I really appreciate it. Sorry I have few doubts to clear before I can make my mind.

You said I need to do online today can I do that acknowledgement on Monday as I'm still with 14 days or that's not it?

I was hoping to call and offer to pay their orgibal amount 322 pkus maybe 50 for court cost and see if they can withdraw if i go through online now to pay then waiting to see if I lose the case and then pay within 30 days have any difference? Like is there anything to gain if I accept and pay now than waiting and see if I have good case and if I lose pay within 30 days to avoid CCJ? Will there be any more cost increased if I wait till the end? I'm just trying to see if there is any benefit of paying early or gamle out my chances.


Please if you can reply to these points


Regards

[echat11]

The issue date is '24th Sept 2025' so you can Acknowledge Service of the claim within 14 days of that date.
Today is the 28th Sept, so you have 11 days including today. Yes you can do it on Monday. You can't pay
online, but you can admit the debt then the creditor will make payment arrangements with you.

You get 'peace of mind', there is no 'guarantee' that you will win the case (however good your case is) and there
might be other costs. Judges / Courts are 'fickle'.

[Akhan88]

Thank you for your reply. I think its probably better to defend and take some time out till I come back from holiday then will see if I have anything that can help. I read they send you to mediation before hearing if that's the case I can try to pursue them to Original amount or something if worst will have to pay anyway.


Regards

[echat11]

Thank you for your reply. I think its probably better to defend and take some time out till I come back from holiday then will see if I have anything that can help. I read they send you to mediation before hearing if that's the case I can try to pursue them to Original amount or something if worst will have to pay anyway.


Regards

O.K. so the plan should be:

a) Acknowledge Service of the Claim online via MCOL.

b) Do b), c) and d) in post 16 (it's straightforward).

c) Email Overdales, state that under CPR 15.5 you are allowing them further time to provide the requested documents under CPR 31.14. that allows parties to extend the period to provide documents and for the Defendant to file their Defence once the documents has been received and reviewed. Reference the claim no: XXXXXXX in the email.

You can pick it up when you return, with the knowledge you have done everything you had to do before you left.

[Akhan88]

Thanks. Will update when I hear anything back. Regards

[Akhan88]

Thank you for your reply. I think its probably better to defend and take some time out till I come back from holiday then will see if I have anything that can help. I read they send you to mediation before hearing if that's the case I can try to pursue them to Original amount or something if worst will have to pay anyway.


Regards

Hi I cant seem to find what address to use for Shop Direct should I use head office ? Also how can i send 1 pound like a coin?

regards