Overdales County Court claim

[Aadzaadz]

Notice of Claim Issue

We act for Lowell Portfolio I Ltd and note that you have not repaid your debt or contacted us to agree a suitable resolution to this matter.

Legal proceedings have now been issued and vou will shortly receive a County Court

Claim from Northampton Count Court for the total amount of £xxxx

What you need to do now

The County Court require you to respond to the Claim by the date specified on the Claim Form. If you are unable to pay the outstanding balance in a one-off payment, call our helpful team on 0333 111 0120 by the specified date and we can discuss other payment options with you.

You can register at www.overdales.com to view your transaction history and use our helpful Budget Calculator.

If you do not contact us to resolve this matter or respond to the County Court Claim within the time specified, we may enter a County Court Judgment (CCJ against you. A CCJ may remain on your credit file for 6 years and can make it difficult for you to obtain further credit.

We want to assure you that wherever possible we will work with you to ensure a suitable solution to your situation, but we cannot help you to resolve this matter if you do not engage with us.

Yours sincerely

Overdales folicitors

Overdales Solicitors


i got this letter this morning Dated 19-01

do i need to do anything or ignore this

[Aadzaadz]

28 day is that from the date i sent the AOS or from the date of issue from the original claim.

[Aadzaadz]

Hi there

its been over 7 days since i posted the letters out to overdales and vodafone i still haven’t had a response back.

can you help with what i need to prepare or provide a template for the defence that i need to post.

correct me if im wrong but the defence needa to be sent within 28 days of the claim date which was the 13th of Jan.

[echat11]

I've posted on thread, post missing.

[Aadzaadz]

Sorry i dont understand what you mean. What do i need to do now

[echat11]

Sorry i dont understand what you mean. What do i need to do now

Don't worry, just leave out the bits that state the Consumer Credit Act, you'll need to insert a line or two reference 'service agreement'. Once you've done it, post back onto this thread (remove all personal details plus ref numbers)

https://legalbeagles.info/library/gu...-court-claims/

[echat11]

EXC Can you approve this post? Second time of posting the same thing.

[EXC]

Sorry, don't know why it got unapproved.

[Aadzaadz]

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 13. We 01.2023
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
4.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
5.The Claimants statement of case states that the account was assigned from Vodafone to Lowell Portfolio I LTD on 21.12.202003. The Defendant does not recall receiving notice of this assignment.
6.On the 20.01.2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
7.Overdales Solicitors has not sent any of these documents to the Defendant.
8.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
9.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
10.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
11.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

So this is what I've got. (obviously I will change the [Claim Number] to the actual claim number) I've also left the top part out as it is sensitive data.

Do I need to amend anything in the statement of truth

[Aadzaadz]

Is that ok for me to send or do i need to add anything or change anything

[echat11]

Answer, change the bits in bold, read through again, make sure it makes sense and is correct.

A copy is sent to Overdales and a copy is sent to the court, make sure you get Proof of Postage.

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 13th January 2023

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim appears to be for a services contract with a telecommunications company.

4. It is admitted / denied that the Defendant has previously entered into a service agreement with Vodafone. YOU NEED TO ANSWER THIS, WHICH IS IT?

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fails to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Vodafone to Lowell Portfolio I LTD on 21st December 202003. The Defendant does not recall receiving notice of this assignment.

8.On the 20th January 2023 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Terms and Conditions, Default Notice and Notice of Assignment.

9.Overdales Solicitors has not sent any of these documents to the Defendant.

10.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

11.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

12.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his Defence, and would ask that the Claimants bear the costs of the amendment.

13.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[Aadzaadz]

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 13th January 2023

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim appears to be for a services contract with a telecommunications company.

4. It is admitted that the Defendant has previously entered into a service agreement with Vodafone.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fails to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Vodafone to Lowell Portfolio I LTD on 21st December 2020. The Defendant does not recall receiving notice of this assignment.

8.On the 20th January 2023 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Terms and Conditions, Default Notice and Notice of Assignment.

9.Overdales Solicitors has not sent any of these documents to the Defendant.

10.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

11.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

12.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his Defence, and would ask that the Claimants bear the costs of the amendment.

13.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.


i have edited the bold stuff and the date error. Is there anything else or is that ok now to send

[Aadzaadz]

Please see last post is it ok to send now

[echat11]

Please see last post is it ok to send now

When does does it have to be lodged with the Courts?

[echat11]

Please see last post is it ok to send now

Yes, remember to send a copy to Overdales and the Court, make sure you get Proof of Postage. It will no doubt get held up in the post for a few days.