Court forms received Lowell’s/Overdales

[Zanxia]

I was advised to use this site and have been reading for some time but now need more specific help and guidance please.

Form dated- 27.1.2002

I have acknowledged the claim

Claim for approx- £5000(3 accounts with separate no’s rolled into 1)

Claimant is-Lowell portfolio

Solicitor is- Overdales solicitors

Original creditor-Shop direct

1,The claim comprises the following agreements entered into
A, Shop direct ref no xxxxx current balance xxxx
B, Shop direct ref no xxxx current balance xxxx
C, Shop direct ref no xxxx current balance xxxx
The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.
Interest added
costs

Not statute barred

Not sent any letters


Info/background details are 3 accounts Very, Littlewoods and another Very that started life as something else(maybe Argos additions) but bought out by Very.
Accounts opened 2000,2005,2007.
Basically with the pandemic no income payment breaks then stuck because Very wanted payment holiday rolled into one, I’m earning less than half of income before pandemic.
So Very sent to Lowell’s who initially started with a discount of 20% I thought great see how far they go.. they didn’t go any further.
Two letter before actions received I requested all documents and eventually received a pile of papers some of which that looked like dark age screenshots from an 80’s computer. Received completely blank of info credit agreements ie could have been sent to anyone no info whatsoever and just blank gaps where Any financial agreement details look like they were supposed to be.
Second LBA I requested the documents again to receive a letter to say they had sent all legal documents and to ring them if not received.
With plenty of time to seek assistance I know these people buy the debts for a fraction of their value, knew obtaining legitimate documentation for such old accounts to proceed to court was slim.
I guess I hoped they would eventually cave in and give a better discounted off as I said they didn’t.

Thankyou for your help, typing this appears matter of fact I can assure you it’s not I don’t have a clue what I’m doing, never been in this position before and at times am very scared.

[EnglandPi]

To summarise, you entered into three credit agreements dated 2000, 2005, 2007 totalling £5000.
Have you been making payments pre-pandemic?
When was your last payment on each of these accounts?

[Zanxia]

Hi,
Yes that’s right 3 separate accounts under the shop direct umbrella of companies the 2000 account being the bulk of the £5000.
All accounts up to date and never missed a payment pre-pandemic last payment on all accounts Feb 2020 after being put in dire financial difficulty once lockdown hit.

Thankyou

[Zanxia]

Can anyone help please?
I have received yet another letter from Lowell’s/Overdales they appear to have initially locked the online account payment thing to say CCJ issued when it was.
The new letter received is they have unlocked the account online again and can offer payment plans online or if I ring one of their friendly operators to arrange something.
It also claims at court I would have to pay the balance in one payment and if I can’t do that I need to contact them so they can help me. I’m at my wits end at the moment and can’t work out how to get any further forward.

Thankyou

[echat11]

Can anyone help please?
I have received yet another letter from Lowell’s/Overdales they appear to have initially locked the online account payment thing to say CCJ issued when it was.
The new letter received is they have unlocked the account online again and can offer payment plans online or if I ring one of their friendly operators to arrange something.
It also claims at court I would have to pay the balance in one payment and if I can’t do that I need to contact them so they can help me. I’m at my wits end at the moment and can’t work out how to get any further forward.

Thankyou

a) What you need to do is Acknowledge the claim online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send Overdales a CCA request for each account, they have 14 days to provide you with a copy of your original agreements.
Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

c) Send Overdales a CPR 31.14 Request, they have 12 days to provide documents they are relying to make the claim.
Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

d) Send Lowell's a SAR for the accounts, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

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

Make sure you get your defence in on time, so 28 days from the date of the claim letter, note it in your diary.

[Zanxia]

Thankyou,

The defence is due next week can I ask what to put in that to not over complicate matters please?

The stand alone facts are in basic terms what I believe to be the actual compliant credit agreements for all 3 accounts have not been provided.

I have already requested this information twice before in response to the letter before action documents I received and to the best of my knowledge did not receive the documents I requested.

Due to ill health timeline wise I did not get the above new requests away in time for them to respond before my defence anyway so that is fair enough.

[MIKE770]

no more asking defence would say on suh a date request for ????? to date no response (in each case)

[echat11]

You can amend this Defence to suit you circumstances. Read and amend it carefully, once you've done it, leave it for a few hours, then read it again. Send it to the court and the other party, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-court-claims/

Where it has Statement of Truth at the bottom change it to:

I believe that the facts stated in this Reply 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.

[Zanxia]

Thankyou very much, that link actually makes it all look straight forward and not as confusing as I thought. My defence is to go in online do I need to send this to Overdales aswell?

Sorry for the stupid questions I assumed the courts forward the info of defence to Overdales.

I believe it’s best to put the defence in last minute?

[echat11]

Thankyou very much, that link actually makes it all look straight forward and not as confusing as I thought.

My defence is to go in online do I need to send this to Overdales aswell?

You can try online, there is a character limit just over 1000 characters. I think it's a good idea, just in case the court mess up.

Sorry for the stupid questions I assumed the courts forward the info of defence to Overdales.

They do, but if you do, at least you know it's been done.

I believe it’s best to put the defence in last minute?

Yes, but don't leave it so you are panicking.

[Zanxia]

I’m saying my defence is to go in online apologies as that was my understanding(defence is due in by Tuesday)

I have realised this option is actually on the original paper copy.
Do I have the option of filling that in by hand if original acceptance was online please? I’m assuming would fill in by hand then photo copy for myself and send a copy also to Overdales recorded delivery to the courts and Overdales?

Sorry I’m old school and non too technical and would prefer handwritten I think.

If I can do that am I filling the whole form in with the original info I did online ie defend claim original dates etc?

Thankyou

[echat11]

Read your defence carefully to make sure it is amended correctly.

a) Do I have the option of filling that in by hand if original acceptance was online please?

Yes

b) I’m assuming would fill in by hand then photo copy for myself and send a copy also to Overdales recorded delivery to the courts and Overdales?

That's fine.

c) Sorry I’m old school and non too technical and would prefer handwritten I think.

If I can do that am I filling the whole form in with the original info I did online ie defend claim original dates etc?

I don't understand this bit.

[Zanxia]

Thankyou and Sorry my error, I assumed it was the 2 documents going back response pack and defence page but it’s not it’s just the defence page as that has the claim number on anyway to identify the claim and information.

My fault entirely the more I read the more I confuse myself instead of just thinking outside of the box. I wish I was more knowledgable on these matters but then again who would realistically want to be experienced in receiving CCJ claims. All new to me it’s the first and hopefully the last once sorted.

[echat11]

https://www.judiciary.uk/wp-content/..._in_Person.pdf

[Zanxia]

In the Northampton county court business centre

Claim no XXXX

Overdales solicitors
Claimant

And

XXX
Defendant

Defence

1, The defendant received the claim XXX from the Northampton county court on the 28th January 2022.

2, Each and every allegation in the claimants statement of case is denied unless specifically admitted in this defence.

3, The claim is for what appears to be three catalogue agreements regulated by the consumer credit act 1974.

4, It is admitted that the defendant has previously entered into agreements with Shop direct financial services for the provision of credit.

5, The claimants status of case fails to give adequate information to enable me to properly assess my position with regards to the claim.

6, The claimants particular of claim fail to state when the agreements were entered into.

7, It is denied that Shop direct financial services served and default notice in the defendant pursuant to S87 consumer credit act 1974. The claimant is required to prove that the default notices relied upon complied with the requirements of S88(4) Consumer credit act 1974 and that the notices were in the prescribed form as required by the consumer credit enforcement, default and termination regulations 1983.

8, On the 22.2.22 the defendant sent a formal request for a copy of the original agreements to Overdales solicitors pursuant to section 77/78 of the consumer credit act 1974 along with the £1 fee for each agreement.

9, To date the claimant has failed to comply with this request sections 77/78 of the consumer credit act 1974 and by virtue cannot enforce the agreement.

10, Under the 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 she expressly admits the allegations. Therefore it is expected that the claimant be required to prove the allegation that the money owed as claimed.

11, The defendant respectfully requests the court orders the claimants to provide the necessary documentation in order for the defendant to fully plead her case else the claim should stand struck out.

12, In the event that the relevant documents are received from the claimant, the defendant will then be in a position to amend her defence and would ask that the claimant bears the cost of the amendment.

13, It is denied that the claimant is entitled to the relief as claimed or at all.

Statement of truth

(I will copy out in full as per template before sending)

Sign and date

Is that ok? I have been as honest as possible but also not to highlight to Overdales it’s the credit agreements missing not all the other junk they sent hoping I wouldn’t realise the credit agreements were missing.

Thankyou very much I’m hoping to get this written out and posted today. Sorry for the appearance I have literally say typing all that out on my phone from a rough draft I have on paper.