Overdale Solicitors county court claim

[DXE1]

I posted this in the wrong thread earlier and no idea how to delete it, my apologies.

I received a county court claim in May 2021 from overdales solicitors for money owed to vodafone, i have never had a vodafone contract before. I stumbled onto this website when i didn't know what to do and i checked my credit file and didnt see anything for vodafone but found a default registered on my account sometime last year. I say sometime last year because i remember checking my file in july 2020 when i applied for my american express card and i had good credit with no money owed to anyone, therefore the debt must have been recorded on my file afterwards. I acknowledged the claim online a week later after research and said i intended to contend the full claim and i also sent out a cpr and a cca 2wks ago. I have now received a reply from overdale and not quite sure how to reply back when i have to think about submittng a defense this weekend. I asked my roomate whom lived with me from 2018 - 2020 and she said of course it wasn't her and since i have no evidence of anything, i can't go around accusing people. I tried to attach a copy of the claim form and overdales reply but the website said i didnt have authorisation to do so.

Please, i would like some advice

[MIKE770]

Subject Access Request Letter send get copy of posting and attach to copy meantime hope somebody responds regarding the case


Example Defence

[MIKE770]

you sent request then mention them in defence as not received i.e:- on such a date request via 31.14 sent no response etc etc do not go into depth at this stage, make sure the contents of defence is correct at the time, send defence on line a day or so before as to not let them trash it before deadline, any other can be dealt with later in proceedings des8

[DXE1]

you sent request then mention them in defence as not received i.e:- on such a date request via 31.14 sent no response etc etc do not go into depth at this stage, make sure the contents of defence is correct at the time, send defence on line a day or so before as to not let them trash it before deadline, any other can be dealt with later in proceedings des8

The claim form was issued on 29th April, could you advice when the best time to submit defense would be? Do i just state that i requested for those documents and none were given?

Also, i am confused by what you said previously "get copy of posting and attach to copy"

[des8]

You haven't really given much info.
What did Overdale send in response to your CPR31.14 request?
You have 28 days plus 5 for delivery from date of issue to submit your defence

If you have NEVER had a Vodafone contract, your defence could be a bare denial

[DXE1]

You haven't really given much info.
What did Overdale send in response to your CPR31.14 request?
You have 28 days plus 5 for delivery from date of issue to submit your defence

If you have NEVER had a Vodafone contract, your defence could be a bare denial

Finally able to attach the claim form and overdales reply

[des8]

What exactly did you ask for in your CPR31.14 request, and did they reply to it?

[DXE1]

What exactly did you ask for in your CPR31.14 request, and did they reply to it?

I asked for

Agreement
Default notice
Notice of assignment

[des8]

A CPR 31.14 request is for disclosure of specific documents mentioned in the particulars.
You need to ask urgently for copy of the account and copy of the contract/agreement to which they refer
Point out that this is not a CCA request but a CPR 31.14 request.

You will need to get your defence in by June 01.

[DXE1]

A CPR 31.14 request is for disclosure of specific documents mentioned in the particulars.
You need to ask urgently for copy of the account and copy of the contract/agreement to which they refer
Point out that this is not a CCA request but a CPR 31.14 request.

You will need to get your defence in by June 01.

In their response, they are clearly saying they have nothing to show that the debt belongs to me i.e "The original creditor is not required to retain a copy of the agreement", so how are they sure they are after the right person? Might it be mistaken identity?

Even if i were to get something out in the post today via special delivery, they probbaly won't received it until Monday business hours which is the 31st and if i have to file my defense on the 1st, then i won't receive any correspondence before the deadline.

[des8]

Did you send a separate CPR31.14 request, or just the CCA request?

Their response says they don't need to keep a copy of the agreement under CCA rules as it was not a credit agreement.
However they need to prove the debt and refer to an agreement in their PoC and so need to be able to produce that document.

[DXE1]

Did you send a separate CPR31.14 request, or just the CCA request?

Their response says they don't need to keep a copy of the agreement under CCA rules as it was not a credit agreement.
However they need to prove the debt and refer to an agreement in their PoC and so need to be able to produce that document.

I sent both in 2 separate letters

[des8]

If you want post up a copy of your defence before filing so someone here can give it the once over

[DXE1]

If you want post up a copy of your defence before filing so someone here can give it the once over

Please take a look.


In the Northampton County Court Business Centre

Claim No:

Lowell Portfolio Ltd

Claimant

And


Defendant


DEFENCE

1.I received the claim from the Northampton County Court on 2nd May 2021.

2.Each and every allegation in the Claimants statement of case is denied.

3.It is denied that the Defendant has previously entered into an agreement with Vodafone for provision of any of their services.

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

5.The Claimant’s statement of Claim fail to state when an agreement was entered into and what the debt is for.

6.The Claimants statement of case states that the account was assigned from Vodafone to Lowell Solicitors Limited on 27th February 2020. The Defendant does not recall receiving notice of this assignment.

7.On the 12th of May 2021, I sent a request for inspection of documents that should be provided in other to prepare my defense. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].

8.Overdale Solicitors and Lowell Portfolio Ltd has not sent any of these documents to me and in their response to my request, Overdale Solicitors stated;

Please be advised this debt does not arise under an agreement for credit and therefore it is not regulated by the Consumer Credit Act 1974. This means that the original creditor is not required to retain a copy of the agreement.

However, in the statement of Case, they state;

The defendant failed to mainatain contractual payments required under the terms of the account agreement.

On further research on Vodafone's pay monthly term, Vodafone states under agreement 11.1

(c) the Parties shall promptly upon request return or destroy all Confidential Information (except one copy which is necessary to keep in order to ensure compliance with this Agreement), and provide written confirmation of this upon request;

The statement of case gives the impression that the defendant entered into a contract agreement with Vodafone and yet Overdale Solicitors has stated that they are not required to retain a copy of the agreement. If no agreement can be provided, then there is no evidence that an agreement was entered into.

Also, in regards to the Notice of Assignment request, Overdale Solicitors stated "Our client is under no obligation to disclose the debt sale agreement to you" but in their statement of claim, it expressively states "The debt was legally assigned to the claimant on 27-02-20, notice of which has been given to the defendant".

9.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.

10.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

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

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

Statement of Truth

The Defendant believes that the facts stated in this Defence are
true.

[des8]

Going back to the beginning... did you ever receive a letter before claim together with a response pack?

Suggest you amend wording where you use first person pronoun (I) to "the defendant "

The statement of truth should read:
"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."

I think your defence should omit from sec 8 ".... to me and in their response to my request, Overdale Solicitors stated;"
to the end of sec 9 as that would be included in your witness statement if it ever reaches a hearing.

However I'm not sure about that so am tagging Celestine and hope she's not too busy