Overdale solicitors

[Akhan88]

Do i mention anything regarding the Financial Ombudsman complaint in this Defence at this stage? Or put more points emphasis on not received default notice and how they Claimant Particulars of Claim say i was sent default notice but I have never received

[Akhan88]

echat11 hi can you please check my draft and advice what should I add or delete plz.

[echat11]

Read it, if you are happy with it, then it can be filed with the Court via MCOL.

DEFENCE

1.The Defendant received the claim XXXXXXXX from the Northampton County Court on 29th September 2025.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Shop Direct for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Shop Direct to Lowell on 11/01/2021. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Shop Direct served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the 30/09/2025 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.Claimant’s Solicitors has not sent all of these documents to the Defendant.

11.On the 30/09/2025 the Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1)] Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________

Dated ______________________________

[Akhan88]

echat11thanks il edit it and send it. Thanks for your help

[echat11]

echat11thanks il edit it and send it. Thanks for your help

The only thing you need to do is add the claim reference number.

[Akhan88]

echat11 hi the defence is already uploaded online yesteday. Today I received SAR from Shop direct and looking through the whole thing I gathered they never issued me any Default notice, also it was 3 accounts I had with them and that was sold to Lowell and lowel has all showing one balance and provided me with one credit agreement, so basically shop direct sold all 3 packaged in one account to lowell. Is this normal is this anything better for me going forward ? And not having default notice served is going to help me at all or not. Just wanted to know to he prepared to pay at next stage or I have a good fight ?


Regards

[echat11]

echat11 hi the defence is already uploaded online yesteday. Today I received SAR from Shop direct and looking through the whole thing I gathered they never issued me any Default notice, also it was 3 accounts I had with them and that was sold to Lowell and lowel has all showing one balance and provided me with one credit agreement, so basically shop direct sold all 3 packaged in one account to lowell. Is this normal is this anything better for me going forward ? And not having default notice served is going to help me at all or not. Just wanted to know to he prepared to pay at next stage or I have a good fight ?


Regards

a) Today I received SAR from Shop direct and looking through the whole thing

The SAR is important in that you get the 'big picture', information that you wouldn't have just from you CPR 31.14 request.
But the relevant for the case is what you receive under the CPR 31.14 request, that's what the Claimant is relying on to make their claim.

b) I gathered they never issued me any Default notice, also it was 3 accounts I had with them and that was sold to Lowell and lowel has all showing one balance and provided me with one credit agreement, so basically shop direct sold all 3 packaged in one account to lowell.

There should be 3 x Default Notice for each account. There should be 3 x CCA's agreements. There should be 3 x Letter of Assignments. All those are relevant to your Defence.

c) Is this normal is this anything better for me going forward ?

Yes it's 'better' for you going forward.

d) And not having default notice served is going to help me at all or not. Just wanted to know to he prepared to pay at next stage or I have a good fight ?

Yes 'not having default notice served is going to help' you. You need to do what you are doing, go through the SAR, look for 'anomalies'.

Update the thread when you get anything through.

[Akhan88]

echat11 thanks for explaining it better. There were 2 agreements and one is missing from SAR, no default on any account amd they only defaulted me on one account only just before they sold it off to lowell. I think their response was to the Financial Ombudsman was that they dont default if someone was on debt management plans as I was ans then merged all accounts defaulted me on one and sold it off without giving me any default notice. There weren't any notice of engagement from sar only one I received from lowell. Ok il update once I hear anything back

[Akhan88]

echat11 hi i have received this from court last week

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

[echat11]

echat11 hi i have received this from court last week

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

That's as expected, standard letter.

[Akhan88]

echat11 ok so if I dont hear anything from then last 28 days more likely they dont want to go ahead ? If they want to court would let me know whether mediation or to hearing right ?

[echat11]

echat11 ok so if I dont hear anything from then last 28 days more likely they dont want to go ahead ? If they want to court would let me know whether mediation or to hearing right ?

If you don't hear anything within 28 days, then the case will be stayed. The Creditor can 'lift the stay', but has to pay a fee etc.
If they respond, then the Mediation takes place, if it's not resolved via Mediation, then Witness Statements then Hearing.

[Akhan88]

echat11 hi i recieved this from overdale they still missed about not having served me a default notice as the main defence point for me


We confirm receipt of your Defence, in which you admit entering into the Agreement Shop Direct however allege that the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.'. We also note your request for documents er when
A copy of the Agreement, statement and Notice of Assignment have previously been sent to you on 10 October 2025. The Agreement clearly confirms the date you entered into the Agreement The documents are admissible as evidence in Court. as such the document serves to strengthen our Client's case whilst also simultaneously furthering your liability
amount the debt was subject to legal assignment by written instrument. Following your breach of the Agreement by non-payment of the outstanding pursuant to section 136 of the Law of Property Act 1925 from the Assignor to our Client. Notices of Assignment were sent to yourself on behalf of our Client and Assignor
t Us
Setlement Proposal
Notwithstanding the above, our client is aware of the likely costs that will be incurred if the matter proceeds further. which would be added to the outstanding debt. Our client is willing to settle this account for either:
m
.• A lump sum payment of £300.00 in full and final settlement of the Claim; or
com
• The sum of £400.00 to be paid in 2 monthly instalments of £200.00
This offer is open until 24 November 2025
If a settlement is reached, upon receipt of cleared funds, I will notify the Court that the Claim has been settled and our client will close their account

[echat11]

echat11 hi i recieved this from overdale they still missed about not having served me a default notice as the main defence point for me


We confirm receipt of your Defence, in which you admit entering into the Agreement Shop Direct however allege that the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.'. We also note your request for documents er when
A copy of the Agreement, statement and Notice of Assignment have previously been sent to you on 10 October 2025. The Agreement clearly confirms the date you entered into the Agreement The documents are admissible as evidence in Court. as such the document serves to strengthen our Client's case whilst also simultaneously furthering your liability
amount the debt was subject to legal assignment by written instrument. Following your breach of the Agreement by non-payment of the outstanding pursuant to section 136 of the Law of Property Act 1925 from the Assignor to our Client. Notices of Assignment were sent to yourself on behalf of our Client and Assignor
t Us
Setlement Proposal
Notwithstanding the above, our client is aware of the likely costs that will be incurred if the matter proceeds further. which would be added to the outstanding debt. Our client is willing to settle this account for either:
m
.• A lump sum payment of £300.00 in full and final settlement of the Claim; or
com
• The sum of £400.00 to be paid in 2 monthly instalments of £200.00
This offer is open until 24 November 2025
If a settlement is reached, upon receipt of cleared funds, I will notify the Court that the Claim has been settled and our client will close their account

It's clearly up to you if you want to settle the matter.
It sounds like they aren't confident in their case.

Is it correct that the Default Notice is still outstanding?

[Akhan88]

echat11 yes they never send me default notice is obtained sar from Shop direct and they don't have in their records also I have financial ombudsman compensation which also sah I was never served a default notice.