Overdales / Lowell / Next Claim Form received

[ian_mac]

I have now received a response to my latest letter...
'This agreement has hot been varied and a copy of the reconstituted agreement has already been provided to you as per 13.1.4(2). Therefore, the Claimant has complied with your request.'
Any advice on where i go from here as they are still looking to go to final hearing if unable to reach a settlement figure. Thanks in advance.

[echat11]

I have now received a response to my latest letter...
'This agreement has hot been varied and a copy of the reconstituted agreement has already been provided to you as per 13.1.4(2). Therefore, the Claimant has complied with your request.'
Any advice on where i go from here as they are still looking to go to final hearing if unable to reach a settlement figure. Thanks in advance.

The account was opened mid April 2007, so you want Terms and Conditions after 2007, you need to look at the Internet Archive, see what's on their (Next) website. Also type 'Next Terms and Conditions' into Google, then click 'Images'. For them to state that Terms and Conditions to the point of Default hadn't changed, is 'unbelievable', although it could be 'strange but true'.

[ian_mac]

So really strangely I have just come across a statement at home from 2013 with an APR of of 25.99 which differs from the 26.49 on the reconstituted agreement.
Does this help? I assume it means I should go back now with the evidence and ask for all of the varied t's and c's?

[echat11]

So really strangely I have just come across a statement at home from 2013 with an APR of of 25.99 which differs from the 26.49 on the reconstituted agreement.
Does this help? I assume it means I should go back now with the evidence and ask for all of the varied t's and c's?

Well done on finding that, you could go back to them, but as their position is that it hasn't been 'varied' there seems no point in going back to them (they have stated that numerous times, also in latest communication). You will have to do a Witness Statement 14 days before the Hearing, you can provide the statement from 2013 with an APR of 25.99%, clearly showing the agreement has been 'varied', contra to them saying it's never been varied and as such, they haven't complied with your CCA request.

What are your thoughts?

[ian_mac]

That works for me. I wasn't sure whether going back to them and basically accusing them of lying was the right thing or not. I guess I have already given them ample opportunity to provide the info and they haven't.
Obviously my primary concern is avoiding a CCJ but I will approach this however is seen as the best way
Thanks for the advice.

[echat11]

That works for me. I wasn't sure whether going back to them and basically accusing them of lying was the right thing or not. I guess I have already given them ample opportunity to provide the info and they haven't.
Obviously my primary concern is avoiding a CCJ but I will approach this however is seen as the best way
Thanks for the advice.

Update if you get anything from the Court or Overdales.

The only way you can get a CCJ, is if they get Judgement and you ignore the Judgement, but again they have to apply to the Court to get a CCJ, then you get 14 days to decide how to proceed. You should relax on that front.

[ian_mac]

Thanks for that, it’s just unnerving with threats of court etc and not really having a way of paying it off if the judgement went against me.

I will update here as soon as I hear anything else. Thanks so much for all of the help so far. Do you have a link to donate to the group?

[echat11]

Thanks for that, it’s just unnerving with threats of court etc and not really having a way of paying it off if the judgement went against me.

I will update here as soon as I hear anything else. Thanks so much for all of the help so far. Do you have a link to donate to the group?

https://www.paypal.com/donate?hosted...=CNCXB9EXZRYE4

[Finaldj]

Just wanted to say that I have been through court with overdales at christmas, I lost the case though judge went on the fact the green screen shot of the DN was enough to enter a judgment against me and having the lack of a paper copy on their part didn't matter. Judge deemed that I would have been sent a DN even though Overdales couldn't prove it. Judge lottery in this case. But OD were ok after in accepting a payment plan.

[ian_mac]

I have received an email this afternoon regarding mediation which is set for 23 Oct.
Are there any tips on preparing my defence and when I need to introduce the APR from the old statement that I found?
Thanks in advance.

[echat11]

I have received an email this afternoon regarding mediation which is set for 23 Oct.
Are there any tips on preparing my defence and when I need to introduce the APR from the old statement that I found?
Thanks in advance.

For me it doesn't make sense introducing the APR / Statement during mediation (this allows you to settle the matter, make offers, it's not part of the court case) although you could. The Creditor has set out their position, the agreement hasn't been 'varied'. But it's your decision, it should 100% be part of your Witness Statement.

For mediation, make notes, set out your position, offers you want to make, etc.

https://www.youtube.com/watch?v=tKesfMqSOfQ