Court forms received Lowell’s/Overdales

[Zanxia]

No it doesn’t match with any dates the 3 listed accounts were opened according to the claim and Is the only alleged credit agreement I have that even half looks like an agreement the other two are blank of any information at all.

At the top of this specific paperwork in printed boxes on the right it has an account number this number ties with one of the accounts they are trying to claim for. My name and address are printed at the top. Sorry I originally scanned the details matched the account number and what looks like my signature and thought nothing more of it. Then thought maybe they have a time scale from opening something to getting you to sign anything officially?

What looks like my signature and the date are in a box that states this is a credit agreement regulated by the consumer credit act 1974. Sign it only if you want to be legally bound by its terms. The handwritten date is 03-03-08 the matching account number on the claim is XX September 2007. Then there is a signature there signed on behalf of Shop direct. Below that my DOB, Home phone number and the account number are hand written in the additional personal information area.
My
Just noticed aswell this paperwork states Marshall Ward at the bottom the claim states it’s for Littlewoods/Additions direct. Although I appreciate all the same Shop direct umbrella anyway and they bought most of these separate catalogue companies out and grouped them.

Thankyou

[Zanxia]

Just also checked the online court thing my defence is dated 28.2.2002(as per the confirmation letter received from the courts) and no further updates.

[echat11]

Your next step is to fill in the DQ once received, ask for mediation, but stress that you still haven't received compliant documentation under the CCA 1974 Act from the Claimant, so you can't do mediation until they provide the correct mediation.

[Zanxia]

That’s great, so the one thing that looked compliant at first actually isn’t?
So despite my latest pile of Mail and the previous one dated the 8th March the courts themselves have nothing.

Thankyou again

[echat11]

That’s great, so the one thing that looked compliant at first actually isn’t?
So despite my latest pile of Mail and the previous one dated the 8th March the courts themselves have nothing.

Thankyou again

Keep on top of it. When you feel you should have received the DQ, check with the Court.

[Zanxia]

The DQ has finally arrived today to be returned by the 18th April, to date I have still not received any further paperwork from Lowell’s/Overdales.

[echat11]

The DQ has finally arrived today to be returned by the 18th April, to date I have still not received any further paperwork from Lowell’s/Overdales.

Advice in post 33, make sure you send their solicitors a copy as well as the Court, make sure you get Proof of Postage.

[Zanxia]

Thankyou, sorry for the late reply due to work.


Im assuming I tick A1 yes to be referred then part C Track no?
In that box how do I exactly word the non compliance to CCA request?

Do I simply say it is my belief that they have not complied with the CCA 1974 act request or word it as fact?

Thanks again

[echat11]

Thankyou, sorry for the late reply due to work.


Im assuming I tick A1 yes to be referred then part C Track no?
In that box how do I exactly word the non compliance to CCA request?

Do I simply say it is my belief that they have not complied with the CCA 1974 act request or word it as fact?

Thanks again

a) Im assuming I tick A1 yes to be referred then part C Track no?

Tick 'Yes' for A1,

Tick 'No' fot A2,

In the explanation box, state that 'you want mediation, but the Claimant has failed to provide the requested documentation under the CCA 1974 Act'.

In C, If you have followed the Pre-action protocols, the answer should be 'yes'.

b) In that box how do I exactly word the non compliance to CCA request?

As above.

c) Do I simply say it is my belief that they have not complied with the CCA 1974 act request or word it as fact?

I'd personally word it as above.

[Zanxia]

To update again once Overdales received their copy of the directions questionnaire they swiftly sent me another enormous pile of paperwork much of which was once again a repeat of everything they had already sent.

There was no additional covering letter from them just exact copies of what was said by them before.

From what I can see they clearly think that blank of key information credit agreements ie credit limit blank, total amount you have to pay blank standard interest for BNPL expressed on an annual percentage rate basis is blank or even my name and address or any dates printed on credit agreements coupled with glossy papered what look like Shop direct groups screen grab information will suffice for this claim? Please tell me this is not the case?

As far as I’m aware I still don’t think I have compliant credit agreements for two of the accounts and the 3rd which does indeed look like a credit agreement but is dated and signed 6 months after they claim the account was opened on their claim.

I know in the grand scheme of things it’s only piles of paper being received but they are doing my head in totally. What I am simply asking for each time from them just doesn’t appear to arrive.

Thankyou for further info and advice as I’m losing the will atm.

[MIKE770]

sounds may at last minute discontinue, before loosing their deposits, also harassment by bundle comes to ind hold your nerve?

[Zanxia]

Thanks Mike,

I’m determined to keep going but like many when these huge weighted envelopes hit the doormat you just absolutely sink. I don’t even sink anymore for fear of what the may have found it’s the fact of trawling through loads of what is useless junk to see if there’s anything of interest actually there.

Reading others experiences on this group does help with info and moral. I have rightly or wrongly decided I’m in that group of they have bought these accounts for even less than next to nothing could make a fortune so it’s hard ball all the way for me.

My paperwork I believe is all lies and junk law wise anyway they factually state that they have sent credit agreements which I don’t believe they are at least in other cases they admit to not having what they need.

You feel like saying to them look stop lying, stop sending piles of junk time and time again. I don’t need to know what I purchased I never denied the accounts. I simply want you to provide the documents to prove you have the right to enforce and collect this debt and until then stop contacting me and causing stress. That’s worded politely what I really want to say would have more choice words.

[Zanxia]

How long does the mediation paperwork take to come through on average please?
They got it back 12th April ish.
Thankyou

[echat11]

It varies, but phone the Court, find out what's happening, they are pretty good on giving out information.

[Zanxia]

I have spoke to the courts this morning they’re currently up to the 5th of April’s paperwork hence the delay. Thankfully I rang them as they were initially querying even receiving the DQ back from me which they did as I sent it special delivery.