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So I’ve been taken to court by over sales and submitted my defence with the letting from here and I got a response as follow
Dear XXXXXXXX We acknowledge your Defence in the above matter, the contents of which are
noted.
As you are aware, legal proceedings have been issued against you for the
following account and balance, details of which were provided to you in the
Claim Form and the Particulars of Claim.
The Claim comprises of the following Agreements you, hereafter referred to as
the Defendant, entered into:
E Limited with reference XXXXXXXXX and a current balance of £80.06 inclusive
of costs and fees. The Agreement commenced on 27 August 2013 for mobile
number XXXXXXXXX. The sales entity was 'T-Mobile (UK) Ltd'. The last
payment of £21.67 was made on 3 September 2014.
We enclose a copy of your final bill received from EE Limited.
TalkTalk Telecom Limited with reference XXXXXXX and a current balance of
£98.51. The Agreement commenced on 1 January 2016 for mobile number
'07435956361'. The last payment of £57.00 was made on 22 December 2016.
SE Retail with reference 716151641 and a current balance of £3,480.29. The
Agreement commenced on 23 September 2017 for electric fuel. The last
payment of £50.00 was made on 30 October 2018 via direct debit budget. The
last reading type was CoS Customer' and the electric supply ended on 23 May
2019.
The above Agreements were terminated as payments were not maintained and
subsequently assigned to the Claimant. We kindly refer you to the Notice of
Assignments as sent to you on previously, or which we attach a copy for ease
of reference.
We understand that you dispute liability for the following reasons:
You believe that the statement of case tails to give adequate information to
state when the agreement was entered into. You have also requested copy of
ind Notice of Assignment. You have put Claimant to strict proof as to the sums claimed
Addressing your issue raised that the Particulars of Claim do not set out a clear and concise statement of facts,
we dispute that claim on the grounds that the way we set out the statement of facts, would be seen as clear
and concise in the eyes of the Court. This is due to the our client making it clear as to who the Defendant
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 the Defendant. We have also addressed as to the reason of why our client had to issue
the Court proceedings against you.
In terms of your allegation that our client has failed to identify or plead a date the cause of action allegedly
accrued, we are not required to provide this in the Particulars of Claim under CPR 16.4.
As explained above, our client has performed its duties under CPR 16; therefore, we will not be addressing
your issues regarding Pre Action Conduct.
Furthermore, we would like to note that you are in breach of CPR 16.5(2Xa) as you did not give a reason for
denying our client's claim, you have simply contested its legality. As such, we can make an application to strike
out your Defence, resulting in the claim standing undefended, our client at liberty to request Judgment by
Default
Credit Agreement
Please note that these three accounts does not arise under an agreement for credit and therefore is not
regulated by the Consumer Credit Act 1974. This means that the original creditor is not required to retain a
copy of the agreement, if it was in writing, and therefore we are unable to obtain a copy.
Accounts of this type can be obtained by telephone, over the internet and therefore it is possible that no signed
contract ever existed, Or that this was entered into by electronic signature online.
However else agreed, the terms and conditions would also have been provided in writing inside the box
containinq the mobile device and/or SIM card, under a seal drawing them to your attention and stating that
use of the device or SIM card and phone line, would confirm your acceptance of them.
Default Notice
These accounts are not regulated by the Consumer Credit Act 1974 therefore there is no requirement for a
Default Notice to be served.
We have however requested supporting documentation and further information from the original creditors to
address your Defence, which will be provided to you upon receipt.
Our client would like to resolve this matter
Our client considers that you remain liable for the full amount claimed of £3,658.86 inclusive of interest and
legal expenses. This Claim will therefore proceed as a defended matter with the issues determined by the
Court if not resolved sooner. You will receive a Directions Questionnaire with your next steps separately from
the court.
To reach an amicable resolution and to avoid the matter proceeding, our client is keen to attempt settlement
o the outstanding balance of £3,658.86 with you.
Our client is willing to accept the sum of £3,100.00 to end this matter.
The settlement can be made as a one-off payment, or we can review an instalment offer if this is more suitable
to your circumstances.
By agreeing and maintaining a payment plan with us, this may avoid a hearing or County Court Judgment
(CCJ) being entered against you, plus any additional costs being added to the outstanding balance.
Our client has confirmed their willingness to mediate in the Directions Questionnaire, which may result in
settlement without further legal action and costs. Should our mediation offer be accepted, this would be
conducted over the telephone by an independent Court mediator. If you agree to mediation, please ensure
you tick the "yes" box in part A1 of your own Directions Questionnaire which will be sent to your directly from
the Court.
How can I contact you?
We ask that you contact us in the next 14 days to resolve this matter. Call us today on 0333 1110785
discuss your settlement offer. We will never ask you to pay more than you can afford, and our experience
agents are available to listen to any challenges you may be facing which may affect your ability to pay.
If you prefer not to speak to us, you can also email us at complexteam@overdales.com to detail your of
and discuss your circumstances with us.
You may also wish to seek independent legal advice from a solicitor of your choice, or free of charge from
the Citizens Advice Bureau or any of the various other free impartial legal advice agencies.
We look forward to hearing from you.
Dear XXXXXXXX We acknowledge your Defence in the above matter, the contents of which are
noted.
As you are aware, legal proceedings have been issued against you for the
following account and balance, details of which were provided to you in the
Claim Form and the Particulars of Claim.
The Claim comprises of the following Agreements you, hereafter referred to as
the Defendant, entered into:
E Limited with reference XXXXXXXXX and a current balance of £80.06 inclusive
of costs and fees. The Agreement commenced on 27 August 2013 for mobile
number XXXXXXXXX. The sales entity was 'T-Mobile (UK) Ltd'. The last
payment of £21.67 was made on 3 September 2014.
We enclose a copy of your final bill received from EE Limited.
TalkTalk Telecom Limited with reference XXXXXXX and a current balance of
£98.51. The Agreement commenced on 1 January 2016 for mobile number
'07435956361'. The last payment of £57.00 was made on 22 December 2016.
SE Retail with reference 716151641 and a current balance of £3,480.29. The
Agreement commenced on 23 September 2017 for electric fuel. The last
payment of £50.00 was made on 30 October 2018 via direct debit budget. The
last reading type was CoS Customer' and the electric supply ended on 23 May
2019.
The above Agreements were terminated as payments were not maintained and
subsequently assigned to the Claimant. We kindly refer you to the Notice of
Assignments as sent to you on previously, or which we attach a copy for ease
of reference.
We understand that you dispute liability for the following reasons:
You believe that the statement of case tails to give adequate information to
state when the agreement was entered into. You have also requested copy of
ind Notice of Assignment. You have put Claimant to strict proof as to the sums claimed
Addressing your issue raised that the Particulars of Claim do not set out a clear and concise statement of facts,
we dispute that claim on the grounds that the way we set out the statement of facts, would be seen as clear
and concise in the eyes of the Court. This is due to the our client making it clear as to who the Defendant
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 the Defendant. We have also addressed as to the reason of why our client had to issue
the Court proceedings against you.
In terms of your allegation that our client has failed to identify or plead a date the cause of action allegedly
accrued, we are not required to provide this in the Particulars of Claim under CPR 16.4.
As explained above, our client has performed its duties under CPR 16; therefore, we will not be addressing
your issues regarding Pre Action Conduct.
Furthermore, we would like to note that you are in breach of CPR 16.5(2Xa) as you did not give a reason for
denying our client's claim, you have simply contested its legality. As such, we can make an application to strike
out your Defence, resulting in the claim standing undefended, our client at liberty to request Judgment by
Default
Credit Agreement
Please note that these three accounts does not arise under an agreement for credit and therefore is not
regulated by the Consumer Credit Act 1974. This means that the original creditor is not required to retain a
copy of the agreement, if it was in writing, and therefore we are unable to obtain a copy.
Accounts of this type can be obtained by telephone, over the internet and therefore it is possible that no signed
contract ever existed, Or that this was entered into by electronic signature online.
However else agreed, the terms and conditions would also have been provided in writing inside the box
containinq the mobile device and/or SIM card, under a seal drawing them to your attention and stating that
use of the device or SIM card and phone line, would confirm your acceptance of them.
Default Notice
These accounts are not regulated by the Consumer Credit Act 1974 therefore there is no requirement for a
Default Notice to be served.
We have however requested supporting documentation and further information from the original creditors to
address your Defence, which will be provided to you upon receipt.
Our client would like to resolve this matter
Our client considers that you remain liable for the full amount claimed of £3,658.86 inclusive of interest and
legal expenses. This Claim will therefore proceed as a defended matter with the issues determined by the
Court if not resolved sooner. You will receive a Directions Questionnaire with your next steps separately from
the court.
To reach an amicable resolution and to avoid the matter proceeding, our client is keen to attempt settlement
o the outstanding balance of £3,658.86 with you.
Our client is willing to accept the sum of £3,100.00 to end this matter.
The settlement can be made as a one-off payment, or we can review an instalment offer if this is more suitable
to your circumstances.
By agreeing and maintaining a payment plan with us, this may avoid a hearing or County Court Judgment
(CCJ) being entered against you, plus any additional costs being added to the outstanding balance.
Our client has confirmed their willingness to mediate in the Directions Questionnaire, which may result in
settlement without further legal action and costs. Should our mediation offer be accepted, this would be
conducted over the telephone by an independent Court mediator. If you agree to mediation, please ensure
you tick the "yes" box in part A1 of your own Directions Questionnaire which will be sent to your directly from
the Court.
How can I contact you?
We ask that you contact us in the next 14 days to resolve this matter. Call us today on 0333 1110785
discuss your settlement offer. We will never ask you to pay more than you can afford, and our experience
agents are available to listen to any challenges you may be facing which may affect your ability to pay.
If you prefer not to speak to us, you can also email us at complexteam@overdales.com to detail your of
and discuss your circumstances with us.
You may also wish to seek independent legal advice from a solicitor of your choice, or free of charge from
the Citizens Advice Bureau or any of the various other free impartial legal advice agencies.
We look forward to hearing from you.
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