Overdale Solicitors county court claim

[DXE1]

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

I did not receive any letter at all. The claim form was my first knowledge of this. I have submitted the defense today.

Wish me luck

[RUKI]

Thanks very much for the responses.
I'm moving house in two weeks time which will be in the middle of this process, how should I proceed regarding this? should I put it in the defence, update something online? should I say something about the court where this claim will be heard?...

[des8]

RUKI have you posted this on the right thread??????

[RUKI]

RUKI have you posted this on the right thread??????

UPSSSS, apologies, got my windows mixed, I'll try to remove

[DXE1]

des8 MIKE770 update on the case...i have received a response from overale last week and they basically attached 3mths worth of bill as their proof and asked that i correspond with them as to why i believe that the debt isn't mine. They also said they were willing to cut down a couple of hundreds on the bill, which doesn't really matter to me because i'm not paying for something i dont owe. How do you advice i proceed? Do i phone them up to discuss it or should i write them and say that the phone bills are not enough evidence that the debt is mine?

[des8]

Certainly DO NOT PHONE
Keep everything in writing.

So you could respond pointing out it is for them to prove the debt, not for you to show it is not yours, and invoices prove nothing.

Have you not yet heard from the court?

[DXE1]

Certainly DO NOT PHONE
Keep everything in writing.

So you could respond pointing out it is for them to prove the debt, not for you to show it is not yours, and invoices prove nothing.

Have you not yet heard from the court?

i heard from the court and they said it had been allocated to the small claims court of my choosing. So, do i just draft them a letter stating that what they have sent to me does not proof liability?

[MIKE770]

no , further advice on here by some soon

[des8]

You have a choice of ignoring the letter or responding that it is not for you the defendant to prove the debt is not yours, but for them to prove otherwise.
You could then invite them to discontinue the claim , or face a claim for costs on the basis of their unreasonable behaviour in pursuing a claim which has no merit.

If you do respond, keep it as short as that!

[DXE1]

You have a choice of ignoring the letter or responding that it is not for you the defendant to prove the debt is not yours, but for them to prove otherwise.
You could then invite them to discontinue the claim , or face a claim for costs on the basis of their unreasonable behaviour in pursuing a claim which has no merit.

If you do respond, keep it as short as that!

thank you. I will send this as a response tomorrow

[DXE1]

You have a choice of ignoring the letter or responding that it is not for you the defendant to prove the debt is not yours, but for them to prove otherwise.
You could then invite them to discontinue the claim , or face a claim for costs on the basis of their unreasonable behaviour in pursuing a claim which has no merit.

If you do respond, keep it as short as that!

is this good as a reply?

On the 28^th July 2021, the defendant received some invoice from your office. The defendant appreciates the invoice that was sent out but it does not proof liability and it is not for the defendant to proof that the debt isn’t their own but for you to proof that it is.

Therefore, the defendant politely invites you to either discontinue the claim , or face a claim for costs on the basis of your unreasonable behaviour in pursuing a claim which has no merit.

Yours sincerely

[des8]

.I would rephrase your first paragraph:
Following receipt of your letter of 20th July I would advise I shall not take advantage of your invitation to explain why the alleged debt is not mine.
I would remind you it is for you, the claimant to prove your claim.

[DXE1]

.I would rephrase your first paragraph:
Following receipt of your letter of 20th July I would advise I shall not take advantage of your invitation to explain why the alleged debt is not mine.
I would remind you it is for you, the claimant to prove your claim.

alright, thank you

[mrcraig]

Hi All

I received a court claim form from CCBC Issued by Overdales on behalf of Lowell, I obviously defended the claim and they've sent me a copy of the directions questtionare they have sent to the court offering mediation, HOWEVER - they haven't even ticked any of the boxes on the questionnaire which makes me think they are bluffing as in their covering letter are offering for me to send a settlement figure

Does the court not send questionnaires to both parties at the same time?

[MIKE770]

Yes Lowell's jump ahead hoping you panic await court papers