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Overdales County Court Claim (after CCA Request)

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  • Overdales County Court Claim (after CCA Request)

    Hello, and thank you in advance for any help given to me.

    I received a pre-action letter from Overdales and responded requesting documents including sending the 1 postal order to Lowell who now own the debt for the CCA . The request was sent on September 4th and I heard nothing back other than they would look into it for me. It was my understanding that they had 12 working days to respond to the CCA request this came and went. Today I received a letter from Overdales dated 23rd November saying they have now enclosed the Agreement and Statement which was printed on the back of the letter. The credit agreement doesn't have my signature or date signed, this area of the agreement is left blank. Can I ask does that matter, or provide me with a route to respond to them?

    Their letter says I have 30 days to respond or they will request the court issues a CCC.

    Any advice on what I should do next would be very helpful.

    Kind regards.
    Tags: None

  • #2
    Hi Page

    How old is the account? When did you last make a payment or contact with the creditor?

    You have to be dubious if it taken them a couple of months to provide 'anything'.

    If you'd responded after 14 days, I wonder if they would have sent 'anything'.

    Here's some info - https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

    Comment


    • #3
      Thanks for getting back to me ECHAT11

      The account isn't old their first item on the Statement is Feb 2017 which might be when the account was open and I stopped paying due to difficulties during Covid in March 2020 so after that the statement is full of administrative charges of 12 and they take the statement up to September 2020 with no information after that. I am assuming after September they have stopped charging me and decided to sell the debt and seek a payment, the Pre Action letter coming in late August 2021 which I responded to quickly on 4th September.

      Its taken them from September to end of November to provide me with the contract (unsigned) and a statement of the account. As I don't know what to do I am firstly wondering if because they took longer than 12 days I can use that against them or if I should mention that the contract isn't signed or dated.

      I will follow the link you have sent, thanks for this.

      If there is anything I need to know to help me Id be grateful for a follow up.

      Comment


      • #4
        Firstly, because you are in 'financial hardship', you should try to get the 12 charges refunded back to the account.

        Who is the original creditor?

        How did you sign up to the agreement? Through the post, online etc.

        What is the balance on the account?

        You should send the original creditor a SAR (if you haven't), they have 30 days to provide all the information on the account. Make sure you get Proof of Postage.


        Comment


        • #5
          The original creditor is JD Williams (sold to Lowell), the account was opened up online and the balance is 1740. I have not sent an SAR just a CCA, I can go ahead and do this. Would it be helpful to send the SAR to the original creditor and inform Overdales that this is what I am doing and will this be enough to ask them to delay until I receive the information? Would there be any specific wording I would be best to use when doing this?

          Thank you for the help x

          Comment


          • #6
            a ) Refund of 12 charges - Hardship Claim

            https://www.moneysavingexpert.com/reclaim/bank-charges/

            b) It might be an idea to fill in an Income and Expenditure form.

            https://nedcab.cabmoney.org.uk/splash-0.asp


            c) the account was opened up online

            If you opened the account online, then there wouldn't be a signature, but there should be a date.

            d) I have not sent an SAR just a CCA, I can go ahead and do this. Would it be helpful to send the SAR to the original creditor

            Yes send SAR to original creditor, make sure you get Proof of Postage.

            e) and inform Overdales that this is what I am doing and will this be enough to ask them to delay until I receive the information? Would there be any specific wording I would be best to use when doing this?

            Amend the template to suit your circumstances, if will give you some control over the situation, i.e. request 45 days etc.

            https://www.nationaldebtline.org/sam...-your-account/


            Comment

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            SHORTCUTS

            Pre-Action Letters
            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Witness Statements
            Directions Questionnaire
            Statute Barred Letter



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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