Overdale Solicitors county court claim

[des8]

You could be cheeky and send a letter offering £0.00, but agreeing not to pursue them for wasted costs if they discontinue the claim immediately!
Offer open 14 days only

[DXE1]

des8 MIKE770 i have a court date for dec 14th, honestly i have been stressed and depressed and unsure of what to do. Overdale sent me papers they intend to use in court which are basically just the 3-4mths statement, some default letters and court action letters. I was wondering if it would help if i went to the police station and received a letter for stolen identity? obviously i haven't taken out this contract and they're claiming i did. What will be my defense in court? It wasn't me? would that be enough?

[echat11]

des8 MIKE770 i have a court date for dec 14th, honestly i have been stressed and depressed and unsure of what to do. Overdale sent me papers they intend to use in court which are basically just the 3-4mths statement, some default letters and court action letters. I was wondering if it would help if i went to the police station and received a letter for stolen identity? obviously i haven't taken out this contract and they're claiming i did. What will be my defense in court? It wasn't me? would that be enough?

Try not to get stressed, when you sent the SAR request did they provide the agreement and other documents (ID used to open the account)?

You should definitely lodge a complaint with the police.

https://www.actionfraud.police.uk/a-...identity-theft

[des8]

Did you receive a directions questionnaire?
Have you received a witness statement from the other side?
What did you put in your witness statement?

[DXE1]

Try not to get stressed, when you sent the SAR request did they provide the agreement and other documents (ID used to open the account)?

You should definitely lodge a complaint with the police.

https://www.actionfraud.police.uk/a-...identity-theft

they didn't send me anything back then as they said the contract wasn't taken out under something something agreement, can't remember the words they used. I can't remember when exactly but they then sent me statements as proof of liability.

des8 i received a questionnaire a while back asking if i wanted a mediator service and i ticked no and returned it. In the documenta sent to me last week from overdale, they included a witness statement, first time seeing it and i wasn't asked to fill one in before, so i dont have one. do i need one?

[des8]

Your witness statement is your evidence.
Have you kept copies of the documents sent you by the court?
You should have a " Notice of allocation" which usually contains a direction saying by what date you need to exchange documents etc, including a witness statement.

[echat11]

So you can't establish how the contract was taken out?, whether in person at the store or over the internet digitally?

'they didn't send me anything back then as they said the contract wasn't taken out under something something agreement, can't remember the words they used. I can't remember when exactly but they then sent me statements as proof of liability.'

[DXE1]

Your witness statement is your evidence.
Have you kept copies of the documents sent you by the court?
You should have a " Notice of allocation" which usually contains a direction saying by what date you need to exchange documents etc, including a witness statement.

The only other letter i received from the court was the notice of allocation to the small claims track hearing. It just stated by which date the claimant had to pay the court trial fees and the date the hearing will take place. I have just noticed the part about the witness statements and such, i honestly did not read that far before and since the hearing is in 13days, looks like i have missed the deadline to submit a witness statement.

[DXE1]

So you can't establish how the contract was taken out?, whether in person at the store or over the internet digitally?

'they didn't send me anything back then as they said the contract wasn't taken out under something something agreement, can't remember the words they used. I can't remember when exactly but they then sent me statements as proof of liability.'

In their witness statement, they haven't stated how the contract was taken out and i have now missed the deadline to submit a witness statement, which means going to the police is useless

[echat11]

You sent a Defence which stated that you were awaiting documents from Overdale's, you requested information via SAR and 31.14 request, all they have sent is 'papers they intend to use in court which are basically just the 3-4mths statement, some default letters and court action letters.'

They still haven't established the account is yours.

[des8]

Not reading the court notice is not going to be viewed as a valid excuse for not complying with instructions.

As you still have a few days prior to the hearing write it NOW and file & serve by email (noting that a hard copy follows) and post hard copies by first class post (get free certificates of posting from Post Office).... and hope

[echat11]

Not reading the court notice is not going to be viewed as a valid excuse for not complying with instructions.

As you still have a few days prior to the hearing write it NOW and file & serve by email (noting that a hard copy follows) and post hard copies by first class post (get free certificates of posting from Post Office).... and hope

Agree.

Don't mention CCA requests at all.Mobile agreements aren't regulated by CCA 1974.

Example Witness Statement -

https://legalbeagles.info/forums/for...ness-statement