Overdales County Court claim

[echat11]

EXC Gremlins striking again!!

[EXC]

EXC Gremlins striking again!!

Don't know why the spam filter doesn't seem to like you!

[Aadzaadz]

It is due 28 days from the 13th jan so i think the 9th of Feb in 3days

[Aadzaadz]

Was planning to post it in morning

[echat11]

Don't know why the spam filter doesn't seem to like you!

''Better a diamond with a flaw than a pebble without''.

EXC , it's still doing it.

AADZAADZ - that's o.k., it will get held up in the post.

[echat11]

Was planning to post it in morning

Go for it.

[echat11]

Was planning to post it in morning

That's fine, it will get held up in the post (mail strikes).

[Aadzaadz]

Sent off the defence today to overdales and northampton court

[Aadzaadz]

Thank you for your recent correspondence.

This debt does not arise under an agreement for credit and therefore it 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.




If the matter proceeds, we may ask the Court to accept that there was a

contract based on other evidence that may be available. 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 containing 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.

We confirm that our client has not claimed to have entered into any contract directly with you, nor to have been a party to your contract with the original creditor. The benefit of that contract was legally assigned to our client

pursuant to Section 136 of the Law of Property Act 1925 and the required

Notice of Assignment was sent to you. Please find the Notice of Assignment

enclosed. Please also regard the Notice of Assignment as a formal demand

for payment.

As you are aware, a County Court Claim form has been issued. You should respond to the Claim form how you deem appropriate, as per the guidance on

the form.

This would have been served by the Court to the address that we have for you on our records.

If you are admitting the debt in full and wish to pay by instalments, please contact one of our agents on 0333 111 0800, as our agents are available to complete the Admission form with you over the telephone.

Alternatively, you can complete the form and return it by post to us or to the Court.

[Aadzaadz]

I received this today i posted the defence off yesterday what is my next steps. Do i need to do anything now or just wait.

they also sent a letter from lowell dated 20th Jan 2021 about the assignment of debt. With a list of another 4 debts on it aswell.

[echat11]

Await for them to respond to your Defence, you will probably get the same letter again.

They have preempted your Defence. So see what they send next, more then likely chase letters to them and informing the Court.

[Aadzaadz]

So just wait for now until i get another response

[echat11]

So just wait for now until i get another response

Yes.

[Aadzaadz]

so i received the below letter yesterday


We refer to the matter noted to the left and in response to your Defence.

As you are aware, legal proceedings have been issued against you for the following accounts and balances, details of which were provided to you in the Claim Form and the Particulars of Claim.




This matter relates to you former Vodafone UK Limited account opened on 20

December 2015 for a 24 month unlimited texts and messaged with 30GB of data Red Extra Plan. The account was taken out through Carphone Warehouse. The mobile number associated with the account was 07xxxxxxx1. The last pavment of £100.00 was made on 5 November 2019, however this was insufficient to repayment the remaining contract term.




We have requested supporting documentation from Vodafone UK Limited and this will be provided to you on receipt.




Deed of Assignment

There is no legal requirement for assignment of debt to be in the form of a Deed.

In most cases this done by simple contract. Our Client is under no obligation to disclose this to you. This is a private contract between our Client and the original creditor, the terms of which are commercially sensitive and confidential.

No part of this contract could provide, support or assist in any Defence you may wish to raise and you have neither need nor right to be privy to that content.

Our Client will not disclose this information to you. The Notices of Assignment was sent to you which discharges our obligation. We have enclosed a copy for your reference.




Several attempts have been made to contact you by our Client in order to reach a resolution on the matter to which no response was received. Therefore our Client had no option but to issue the Claim against you to recover the outstanding balances of the debt.




Particulars of Claim

Addressing your issue raised regarding the our Client being in breach of Rule

16.4(a) of the Civil Procedure Rules (CPR) in 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 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 and failure to provide details as to when the alleged default occurred, we are not required to provide this in the Particulars of Claim under CPR 16.4.




As explained above, our Client has performed it's 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(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 would be at liberty to request a Judgment by Default against you.




Furthermore, there is no requirement for a Default Notice nor Termination Notice to be served upon you. There is also no requirement for a copy of the Agreement to be retained by Vodafone UK Limited, therefore, one cannot be provided to you. This is because the account was not regulated by the Consumer Credit Act 1974.




At this stage, our Client remains satisfied that you are liable for the outstanding balance.




Settlement proposal.

Our Client is remains 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 added to your debt.

Our Client is prepared to accept:




A lump sum payment of £1.500.00




Please contact our offices to your proposals for repayment and settlement offers within 7 days of the date of this letter.




Alternatively, please confirm your preferred payment date and find our Client's details below:

Account Holder Name: Overdales Legal Ltd

Sort Code: 20xxxxxxx

Account Number: 7xxxxxxx




Please use your reference as the payment reference to ensure it is allocated to your account.

Please note accepting any reduced settlement offers means the matter will show as 'partially satisfied' on your credit report.




You may seek independent legal advice from your local Citizens Advice Bureau, or a firm of solicitors of your choosing




Failure to respond within 7 days of receipt of this letter, may mean we are instructed to proceed with the claim with the intention of obtaining a County Court Judgment against you.




We trust further action will not be necessary and look forward to hearing from you.




Yours sincerely




Overdales Solicitors is a trading name of Overdales Legal Limited, a company registered in England and Wales under Company No. 07407310.



This below letter and a lowell letter was attached aswell



ORD

05 January 2021

Account No: xxxxxxxx

New Reference No: xxxxxxxxx

Dear Mr xxxxxxxxxx

We're writing to let you know that on the 21 December, 2020, your Vodafone account was assigned to Lowell Portfolio I Ltd

The total balance sold was £1584.94, which is made up of the following:-

Outstanding Call Charges / Line Rental:

Early Termination Fee = Total Amount Due:

£476.73

£1108.21

£1584.94

What this means for you

Because your debt has now been assigned to Lowell Portfolio I Ltd, you should note the following points carefully:-

• From now on, please send all payments to clear your debt straight to Lowell Financial who are the appointed debt collection agents of Lowell Portfolio I Ltd at the address shown below.
• If you're making regular payments, you shouldn't change or stop them for any reason, except it would be easier for you to make your payments directly to Lowell Financial from this date onwards
• If you have any questions, call Lowell Financial on 0333 556 5703 or write to:

PO Box 1411

NORTHAMPTON

NN2 1BQ

Under the terms of this assignment and as defined in data protection legislation, Lowell Portfolio I Ltd is now the controller of your personal data contained in the records of this account.

These changes don't affect the Terms and Conditions of your original Vodafone contract.

Finally, if you've settled your debt in full in the last few days please disregard this letter and thank you for your


can you please advise what i should do or reply next
thank you

[echat11]

Write back to Overdales stating that you want a copy of the service agreement with the Terms and Conditions, which to date they have not provided. They have stated in their letter the following:

'We have requested supporting documentation from Vodafone UK Limited and this will be provided to you on receipt.'

'We have requested supporting documentation from Vodafone UK Limited and this will be provided to you on receipt.', At no time have you requested a Consumer Credit Agreement 1974.

Write to the Court, explain that you have requested a copy of the service agreement, but the claimant hasn't complied with your request.

Make sure you get Proof of Postage.