Overdale solicitors

[Akhan88]

Hi

Overdale solicitors have send me pre action protocol but it's seem more likely a normal threatening letter doesn't look like from court.

It is for a debt from shop direct. I was paying them on DMP until May 2020 then due to COVID I stopped and then they defaulted me without giving me any notice. So Lowell bought it and then when I complaint to them about wrong default date they rejected so I went with financial ombudsman and won the complaint. Shop direct was ordered to pay me £250 compensation and have default removed. Now they still want to pursue that debt. I was sent cheque for £250 but it has spelling mistake and when I called they told me they will sort it but never did I recieve another cheque with correct name so I can cash it. Also I was told on phone by shop direct that they instructed lowell to close the account but lowell never did and still chasing.

Now if they do go ahead with court can I use this as defence that hence default was not served according to the rules and FO decided in my favor? Or this is not good defence ?

Can you one please guide me


Regards

[echat11]

Hi AKHA88

Welcome to LB

They will need to follow Pre Action protocols, i.e. Letter Before Action etc.

They should adhere to the CCA 1974, regards CCA, Default etc.

What you need to do is send Shop Direct a Subject Access Request, they have 30 days to provide all the data on the account.

That will include 'notes', your conversation with Shop Direct etc. You will see what is what regards the account etc.

Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

[PallasAthena]

Overdale solicitors have send me pre action protocol but it's seem more likely a normal threatening letter doesn't look like from court

Can you upload it to this thread please (paperclip icon top right of Reply box). Cover up anything that might ID you before uploading (including Overdale's reference numbers).

Solicitors can be, in effect, acting as debt collectors and make you think it's a PAPLOC (Pre-Action Protocol Letter of Claim) when actually it isn't, it's just a debt collecting threat-o-gram.

Although a solicitor (unlike a debt collector company) can start a court action on behalf of their client that doesn't mean that they are.

[Akhan88]

[Akhan88]

Is that a pre action protocol. But my main issue was if they do go to court and I can show proof that financial ombudsman have found them of guilty by not providing a default notice under rules can they actually enforce this ? As I read somewhere of a debt have not defaulted within regulations it can't be enforced?

[echat11]

a) Is that a pre action protocol.

Yes.

b) But my main issue was if they do go to court and I can show proof that financial ombudsman have found them of guilty by not providing a default notice under rules can they actually enforce this ?

Yes, if you have evidence that they haven't followed CCA 1974 regulations, then that will help your case. It's a Civil Case.

c) As I read somewhere of a debt have not defaulted within regulations it can't be enforced?

They would find it difficult to enforce.
So the claim is defendable.

[atticus]

It is a pre action protocol letter. It is not the protocol, which outlines steps to be taken.

[echat11]

https://www.justice.gov.uk/courts/pr...es/civil/rules

[Akhan88]

So should I engage with them or ignore till they send a proper claim form? I think they do have cca and some old statements they sent me in the past before I went to financial ombudsman. The ruling of financial ombudsman complaint was in my favor and agreed that they didn't follow their default rules and was ordered to remove default from my credit file and 250 compensation. That's the only defence I prob have to argue in court if it goes ahead. There is another one which when I enquired about my compensation check the person on the phone said we requested lowell to close the account and then for some time I didn't hear nothing from lowell so I assumed it's done and dusted and as such I didn't chase my 250 compensation either as thought as long as this is gone I'm happy. But then suddenly they started chasing me for it again and now this letter. If I ignore them now will I have another opportunity to sort it before they add all feees?

[echat11]

You could write to them, explain your position. That the Default was removed and the 'account' was closed and as such no debt is owed. Or wait for them to make a Court Claim, then Defend it. They will add costs to make the Court Claim. But from what you've said you have a Defence.

[atticus]

But if you can say something that may discourage a claimant from taking you to court, why would you not do that?