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Hi all, I'm looking for some of advice as to what I should do next please. Overdales sent me the email I will post below. I'm confused by it and by what I've read it sounds like I haven't got a leg to stand on. They mention I am in breach of CPR 16.5.
We write regarding the above matter and confirm receipt of your Defence.
As you are aware, the Claim we have been instructed on is in relation to three JD Williams (JD matters, which will be discussed in turn below;
Account 1 – JD Williams
You entered into an agreement with JD on 11 December 2016, for a mail order under the brand “Fashion World”. The last item purchased on the account was on 15 December 2106, for the value of £17.00.
No payments were ever made towards the account.
Account 2 – JD Williams
Regarding this account, you entered into an agreement with JD on 22 December 2016, under the brand of “Simply Be”. The last item purchased on this account was on 23 December 2016, for the sum of £18.00.
Again, no payments were made to the account.
Account 3 – JD Williams
This account was opened on 14 December 2017 for a former “Marisota” account under the JD company. The last item purchased on this account was on 4 March 2018, for the sum of £16.80.
JD have confirmed that you last made payment on this account via card on 15 February 2018, for the sum of £5.00.
Upon review of the accounts, we can see that copies of the Agreement’s have previously been provided to you. We have attached further copies for your reference. Regarding the Notices of Assignments, we have also attached copies of these as per your request.
Our client disputes that the Particulars of Claim are inadequate 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.
Our client also disputes your comments under CPR 16.5(4) as, in accordance with Practice Direction 7E (Paragraph 5.2A), our client is not required to attach documents or evidence to claims started using an online claim form. Our client therefore repeats that its Statement of Case is sufficient.
Furthermore, we would like to note that you are in breach of CPR 16.5(2)(a) 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 against you.
Please note, a request has also been raised with our client to provide copies of the Default Notices and Statement of Accounts for each of the above accounts. Once in receipt, we shall provide these promptly.
Settlement proposal
Nonetheless, our client is willing to attempt settlement and reach an amicable resolution with you.
An agreed settlement may avoid a hearing or judgment and also additional costs being incurred. Our client is prepared to accept a full and final settlement of:
- A lump sum payment of £900.00
- Or two payments of £460.00
- Any reasonable settlement proposal you wish to make.
Please contact our offices to your proposals for repayment and settlement offers within 7 days of the date of this email. Alternatively, please find our client’s details below:
Account Holder Name: Overdales Legal Ltd
Sort Code: 20 35 84
Account Number: 73467015
Please use your reference as the payment reference to ensure it is allocated to your account.
Please note that should you choose to accept the settlement sum which is lower than the outstanding balance of the claim and our client reports the matter to the relevant credit reference agencies, your credit file will be updated to reflect that you have partially satisfied the balance.
You may wish to seek independent legal advice from the Citizens Advice Bureau or a firm of solicitors of your choosing.
If we do not hear from you, we have been instructed by our client to proceed with the legal claim. This may incur further costs that our client will seek to recover from you.
We trust further action will not be necessary and look forward to hearing from you.
Yours sincerely
Overdales Solicitors
We write regarding the above matter and confirm receipt of your Defence.
As you are aware, the Claim we have been instructed on is in relation to three JD Williams (JD matters, which will be discussed in turn below;
Account 1 – JD Williams
You entered into an agreement with JD on 11 December 2016, for a mail order under the brand “Fashion World”. The last item purchased on the account was on 15 December 2106, for the value of £17.00.
No payments were ever made towards the account.
Account 2 – JD Williams
Regarding this account, you entered into an agreement with JD on 22 December 2016, under the brand of “Simply Be”. The last item purchased on this account was on 23 December 2016, for the sum of £18.00.
Again, no payments were made to the account.
Account 3 – JD Williams
This account was opened on 14 December 2017 for a former “Marisota” account under the JD company. The last item purchased on this account was on 4 March 2018, for the sum of £16.80.
JD have confirmed that you last made payment on this account via card on 15 February 2018, for the sum of £5.00.
Upon review of the accounts, we can see that copies of the Agreement’s have previously been provided to you. We have attached further copies for your reference. Regarding the Notices of Assignments, we have also attached copies of these as per your request.
Our client disputes that the Particulars of Claim are inadequate 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.
Our client also disputes your comments under CPR 16.5(4) as, in accordance with Practice Direction 7E (Paragraph 5.2A), our client is not required to attach documents or evidence to claims started using an online claim form. Our client therefore repeats that its Statement of Case is sufficient.
Furthermore, we would like to note that you are in breach of CPR 16.5(2)(a) 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 against you.
Please note, a request has also been raised with our client to provide copies of the Default Notices and Statement of Accounts for each of the above accounts. Once in receipt, we shall provide these promptly.
Settlement proposal
Nonetheless, our client is willing to attempt settlement and reach an amicable resolution with you.
An agreed settlement may avoid a hearing or judgment and also additional costs being incurred. Our client is prepared to accept a full and final settlement of:
- A lump sum payment of £900.00
- Or two payments of £460.00
- Any reasonable settlement proposal you wish to make.
Please contact our offices to your proposals for repayment and settlement offers within 7 days of the date of this email. Alternatively, please find our client’s details below:
Account Holder Name: Overdales Legal Ltd
Sort Code: 20 35 84
Account Number: 73467015
Please use your reference as the payment reference to ensure it is allocated to your account.
Please note that should you choose to accept the settlement sum which is lower than the outstanding balance of the claim and our client reports the matter to the relevant credit reference agencies, your credit file will be updated to reflect that you have partially satisfied the balance.
You may wish to seek independent legal advice from the Citizens Advice Bureau or a firm of solicitors of your choosing.
If we do not hear from you, we have been instructed by our client to proceed with the legal claim. This may incur further costs that our client will seek to recover from you.
We trust further action will not be necessary and look forward to hearing from you.
Yours sincerely
Overdales Solicitors
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