Court forms received Lowell’s/Overdales

[echat11]

It's fine, but you need to sort out the following, it can't be both 77/78, one or the other, CCA template link gives you the answer.:-

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.

[Zanxia]

Thankyou so much, I have just checked back and it’s section 78 so will correct that.

If I’m honest I wasn’t expecting it to be fine so that’s a huge bonus. Not much room on that paper defence and I allowed to continue on blank paper cross referencing the case number if need be?

Thankyou again

[echat11]

Thankyou so much, I have just checked back and it’s section 78 so will correct that.

If I’m honest I wasn’t expecting it to be fine so that’s a huge bonus. Not much room on that paper defence and I allowed to continue on blank paper cross referencing the case number if need be?

Thankyou again

That's fine as long it's cross referenced and the reader knows that it's a continuation of a point.

[Zanxia]

Excellent, Thankyou so much I couldn’t have completed any of that without your help and I really do appreciate it.

[Zanxia]

Just to update I have received a letter dated 8th March from Overdales with a copy of the directions questionnaire they have sent to the court saying I will receive my own questionnaire from the court shortly with a date to return it by(nothing received as yet)

They have agreed to mediation and have said that their Client Lowell’s invites me to put forward an affordable settlement to them either as a single payment or by instalments.

My request for the credit agreements( 3 separate requests) has to date not been acknowledged at all nor have I received anything. This recent communication regarding mediation is all I have.

So I guess I’m just waiting for the courts now, I don’t understand why they have not even acknowledged my requests for the agreements? A delay maybe fair enough but no acknowledgement at all has me confused as the last communication and second LBA request resulted in them at least lying and saying they had already sent them.

Thankyou for any further input and guidance on this matter.

[echat11]

When you receive the Directions Questionnaire, state that you want Mediation, but have not received the requested documents from the Creditor despite multiple requests. Make sure you send the DQ to the Court and Overdales, make sure you get Proof of Postage.

[Zanxia]

Thankyou so much for your reply , I will do.

[Zanxia]

Overdales have now responded,

We acknowledge receipt of your defence and note the contents. You are disputing the claim and allege:

Our client has not provided adequate information in its statement of case to enable you to access your position.

The particulars of claim does not state when the agreements were entered into, you have not been served with a default notice by shop direct, and have not been provided with evidence a default notice was served and if so whether it was served in the prescribed form. In addition, you have requested our client provides proof the money is owed. Lastly, you stated that you sent a request to our client for copies of the original agreement and these have not been provided.

The claim comprises of 3 shop direct accounts.

Account 1

On xx xxxx 2000
You entered into an agreement with Very-Littlewoods/Additions direct account number xxxxx balance xxxxx
The last purchase was xxxxx on xxxx for xxxxxx
The last payment was xxxxx on xxxxxx
You failed to make subsequent payments in accordance with the terms of the agreement, it was later terminated and subsequently assigned to our client on xxxx.
We attach for your reference statement of account, notice of assignment, credit agreement and a screen shot from shop directs system showing the default notice was served on you on or around 22nd Oct 2020.

*For this account I have received an account summary open date, default date, listing all purchases made. Total debts, credits and payments.
A copy of the letter Lowell’s sent to say they had bought the debt in Oct 2020.
A screengrab from Very my name and address showing a default was sent.
A credit agreement blank of any personal or financial details credit limit, cost of credit, interest rate, total amount you will have to pay are all just blank spaces*

Account 2

On Xxxx, you entered into an agreement with Shop direct to provide you with a Very-Littlewoods/Argos direct account numbered xxxx with a balance of Xxxxx
The last purchase made was a xxxx on xxx for xxxx.
The last payment made was xxxxx on xxxxx. You failed to make subsequent payments in accordance with the terms of the agreement, it was later terminated and subsequently assigned to our client on xxxxx. We attach for your reference, statement of account, notice of assignment, credit agreement and a screenshot from shop directs system showing the default notice was served to you on or around xxx August 2021.

* For this account I have indeed received a copy of the letter from Shop direct to say sold on to Lowell’s and how much to pay them. A copy of the letter from Lowell’s to say they had bought it. A screengrab showing default notice sent and sold to Lowell’s.
A copy of what I believe to be the credit agreement containing all personal details, my signature and all terms and conditions and financial figures.
Also a full account summary with details as Account 1*

Account 3

On xxxxx you entered into an agreement with shop direct to provide you with a littlewoods account numbered xxxx with a balance of xxxx.
The last purchase was xxxxx on xxxxx for xxxxx
The last payment was xxxx on xxxxx failed to make payments and assigned on xxxxx. We attach for your reference, statement of account, notice of assignment, and credit agreement and a screenshot from shop directs system showing the default notice was served on you on xxxxxx.

* For this account I have received an account summary again name DOB, open and close date, all purchases total credit and payments. Another blank of anything at all credit agreement exactly the same as received for account 1 *

Addressing your issue raised regarding the conciseness of the particulars of claim, we believe the claim has been set out very clearly stating who you entered into the agreement with, giving the agreement reference number as well as making it clear as to why the agreement was terminated. Furthermore, we have supplied the date this debt was assigned to our client with the notice given to you.

The client remains confident that I am liable for the full amount so will proceed as a defended matter with the issues being determined by the court if not resolved sooner. They want a lump sum of 5k or a payment plan to pay just over 6k and I must contact them within 14 days.
They have sent another copy of their agreement to mediation(I to date still haven’t received mine from the courts).

More than a bit lost now, they haven’t sent what they say the have and the only agreement that does indeed appear to be enforceable is for around £250 of the huge balance they are claiming for as a 3 account rolled into one CCJ claim.

I would really appreciate some help and thoughts on this one?

Thankyou very much

[echat11]

So when the Court sends you the Directions Questionnaire (you need to find out from the Court why you haven't received yours yet).

When you receive it, state that you want Mediation, but the Claimant hasn't sent you all the requested documents under CPR31.14.

The Directions Questionnaire is 'time sensitive' needs to be returned by a certain date. A copy needs to be sent to the Court and their solicitors. You can email these to the Court and their solicitors. Use the one in the link.

https://assets.publishing.service.go...6/n180-eng.pdf

To be honest, they should provide all the documents requested. So 'bluffing' in the documents they have sent you.
Because the accounts were opened pre 2007, they have to provide 'original copies' of agreements.

Well done, concisely summarizing the accounts.

[Zanxia]

Deep breath on my part so Thankyou. The majority of paperwork received which I absolutely scrutinised was 66 pages of itemised purchased items.

To be honest that was the response from the CCA’s, rightly or wrongly I haven’t asked for anything else so could I paraphrase as in never received documents that comply with a CPR31.14? Or do I need to urgently send one?

All along they have failed to send the credit agreements this one they have suddenly found is all new to me as previous requests were either ignored/blank agreements sent but said I had everything.

I will ring the court now and query that mediation questionnaire I have no idea of the timescales they are working towards so just assumed a backlog.

Thankyou again

[Zanxia]

To update(sorry don’t know how to edit)

Just spoke to the court they have not received any mediation requests from Overdales/Lowell’s and there is nothing on their system as an update.

They said that are currently on a 2 week backlog but regardless they have definitely not sent anything out as yet as they have received nothing yet themselves.

[echat11]

To update(sorry don’t know how to edit)

Just spoke to the court they have not received any mediation requests from Overdales/Lowell’s and there is nothing on their system as an update.

They said that are currently on a 2 week backlog but regardless they have definitely not sent anything out as yet as they have received nothing yet themselves.

Because you've filed the Defence, you can't now send off the CPR 31.14.

However you've requested CCA1974 requests for agreements they haven't complied. They sent other documents i.e. Default Notices, which they haven't provided a single one for any account. That's what needs to be written in the Directions Questionnaire, so you want Mediation but yet to receive the requested documentation (ref original agreements pre 2007).

Overdales has filled in there's and sent you a copy. They have yet to receive one from the Court.

Wait for the Court to send you the DQ Form, then when you receive it, ask for help.

Keep on top of it, do not forget, you need to be a step or two ahead.

[Zanxia]

That’s great information, Thankyou so much my mind is at rest again.

I will most certainly keep on top of everything and be back as soon as I receive anything else and keep you updated on progress.

I have come this far so will continue to battle through believe me.

[Zanxia]

Sorry to come back at this again I have just noticed on the one supplied credit agreement it is stated opened in Sept 2007 on the claim but the signed credit agreements date is March 2008, does this make any difference?

The two blank of any details agreements for the other two accounts have late payment charges of £12(about the only financial info on them) surely that wasn’t the charge all those years ago when the accounts were originally opened?

Lastly their directions questionnaire re the hearing venue says the Claimant respectfully requests that in order to avoid disproportionate costs and for all parties convenience, the final hearing be conducted by way of a telephone hearing which the claimant will endeavour to arrange.

Is this all normal practice?

Thanks

[echat11]

Sorry to come back at this again I have just noticed on the one supplied credit agreement it is stated opened in Sept 2007 on the claim but the signed credit agreements date is March 2008, does this make any difference?

The two blank of any details agreements for the other two accounts have late payment charges of £12(about the only financial info on them) surely that wasn’t the charge all those years ago when the accounts were originally opened?

Lastly their directions questionnaire re the hearing venue says the Claimant respectfully requests that in order to avoid disproportionate costs and for all parties convenience, the final hearing be conducted by way of a telephone hearing which the claimant will endeavour to arrange.

Is this all normal practice?

Thanks

a) sorry to come back at this again I have just noticed on the one supplied credit agreement it is stated opened in Sept 2007 on the claim but the signed credit agreements date is March 2008, does this make any difference?

You have 3 accounts, check that you are tying the correct accounts together, if what you are saying is correct, then that is incorrect. Does the date on the claim form match any of the dates on the other agreements?

b) The two blank of any details agreements for the other two accounts have late payment charges of £12(about the only financial info on them) surely that wasn’t the charge all those years ago when the accounts were originally opened?

I think £12 has been around for a long time, I remember them being much more.

c) Lastly their directions questionnaire re the hearing venue says the Claimant respectfully requests that in order to avoid disproportionate costs and for all parties convenience, the final hearing be conducted by way of a telephone hearing which the claimant will endeavour to arrange.

Is this all normal practice?

Yes, it has been the case due to COVID for several years. Nothing in that.