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Overdales

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  • Overdales

    So Iíve 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.
    Tags: None

  • #2
    Hi Cresswell17

    Can you fill in the following, then copy / paste on this thread -

    Received a claim? Yes/No:
    Issue Date:
    Have you Acknowledged the Claim?:
    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
    Claimantís Name:
    Solicitors Firm:
    Original Creditor:
    Original Debt (eg. Credit card/Loan/Overdraft) :
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
    List any letters you have sent (eg: CCA/ CPR ):
    Any Other Information or Background Details:

    Comment


    • #3
      Received a claim? Yes
      Issue Date: 25/03//2022
      Have you Acknowledged the Claim?: yes
      Total Amount Claimed : £3660
      Claimantís Name: Lowell Portfolio
      Solicitors Firm: overdales
      Original Creditor: talk talk, EE, SSE
      Original Debt (eg. Credit card/Loan/Overdraft) : phone bills and electric
      Particulars of Claim: EE Limited with reference XXXXXXX and a current balance of £80 of costs and fees. The Agreement commenced on 27 August 2013 for mr
      number XXXXXXXXXX.
      The sales entity was 'T-Mobile (UK) Ltd'. The
      payment of £20 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 balan
      £98.51. The Agreement commenced on 1 January 2016 for mobile XXXXXXXXXX.
      The last payment of £57 was made on 22 December
      SE Retail with reference XXXXXXXXX and a current balance of £3,500
      Agreement commenced on 23 September 2017 for electric fuel. Th
      payment of £50.00 was made on 30 October 2018 via direct debit budge
      last reading type was 'CoS Customer' and the electric supply ended on 2
      Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I split with my ex wife a few years ago and then the CCJ claim come when I moved into a new house this year and they must of got the address from the electoral roll
      List any letters you have sent (eg: CCA/ CPR ):Iíve sent both a CPR31 and SAR
      Any Other Information or Background Details: so the bill are from I was living with my ex partner, the SSE was in dispute as I got a £3000 bill in 3months and had never happened in the 4 years of living there, had meters changed and everything, it was then sold off to Lowell,
      the phone bills are something I got behind and never got around to settling, I split with my ex wife a few years ago and was living in a few different places between back at my parents and in house shares etc so I havenít received letters before the CCJ claim come to me

      Comment


      • #4
        I have also received this letter

        We refer to the matter detailed at the side of this page.
        Please find enclosed a copy of the Directions Questionnaire which we have now sent to
        the Court. The Court will shortly send you your own Directions Questionnaire and
        confirm a date by which it must be returned.
        We have agreed to mediation in our Directions Questionnaire which may result in
        settlement without further legal action and costs. Mediation would be conducted over the
        telephone by an independent mediator. If you agree to mediation, please ensure you tick
        the 'yes' box in part A1 of your own Directions Questionnaire.
        If you would like to settle this matter directly, our client invites you to put forward an
        affordable settlement to us either as a single payment or by instalments. An agreed
        settlement may avoid a hearing or judgment and also additional costs being added to
        your debt.
        We recommend that you obtain independent legal advice in order to fully understand
        your rights in relation to this claim. You can instruct a solicitor of your choice or obtain
        free legal advice from a Citizens' Advice Bureau or other legal advice centre.
        Yours sincerely
        Overdales folicitors
        Overdales Solicitors

        Comment


        • #5
          court will send you one to fill out soon

          Comment


          • #6
            What shall I do after the letter is sent out?

            I understand about the phone bills but I was in the middle of contesting the SSE account before they sold it on, itís just not fair really

            Comment


            • #7
              echat11 may be able advise

              Comment


              • #8
                a) Have you sent SSE a SAR request? They have 30 days to provide all the information on the account? It can be sent online provide you can find the correct email address on their website.

                b) Send a SAR request to TalkTalk and EE, again follow the instructions above.

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

                c) How did you dispute the SSE account? telepohone, letter, emai, chat?(£3,000, excessive for 3 months usage, if that's what you are saying)

                d) Can you expand on the change of meter, what happened, you need to find out why they are claiming for £3,000?

                All the accounts stated in the claim form are service agreements and aren't covered under the CCA 1974.

                Comment


                • #9
                  I havenít sent anything the the original companyís, Iíll get that done today

                  so i with SSE I had a impediment company come change the meter and tests the old one and there was no fault, but SSE left it at that, it was all done via phone and email, I was speaking to them for them to explain how I can go from normal bills to the high bill with no reasons behind it, these must of been a fault as itís never happened before and Iíve never had a bill that high the hole time I was there

                  Comment


                  • #10
                    Subject Access Request Lette get proof posting keep copies in date order

                    Comment


                    • #11
                      Originally posted by cresswell17 View Post
                      I havenít sent anything the the original companyís, Iíll get that done today

                      so i with SSE I had a impediment company come change the meter and tests the old one and there was no fault, but SSE left it at that, it was all done via phone and email, I was speaking to them for them to explain how I can go from normal bills to the high bill with no reasons behind it, these must of been a fault as itís never happened before and Iíve never had a bill that high the hole time I was there
                      Once you get the data from SSE, you should be able to reconstruct the billing from meter reads, billing, payments. There might be a possibility that you have under paid previously because of estimated billing, then they've carried out an actual read when the meter was changed, which then lead to the £3,000 bill.
                      But at the moment that is speculation, until we know what is what.

                      Comment


                      • #12
                        Well I had a smart meter and then SSE put there meter in and boom £3000 bill so I dunno what happened but yeah itís all speculation

                        Comment


                        • #13
                          Originally posted by cresswell17 View Post
                          Well I had a smart meter and then SSE put there meter in and boom £3000 bill so I dunno what happened but yeah itís all speculation
                          Smart meter, so they have no excuses for getting the billing wrong, if they got it wrong then 'back billing rules' might apply. So use a spreadsheet to make your case.

                          https://www.ofgem.gov.uk/check-energ...-billing-rules

                          Comment

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