Overdales / Lowell / Next Claim Form received

[ian_mac]

Hi there,

I have come back off a 2 week holiday and have received a Claim Form from Overdales Solicitors, on behalf of Lowells.

The debt is from an old Next Catalogue I had years ago before I ran in to a few issues and couldn't pay - it defaulted in approximately 2019.

Now I am having a bit of a panic as the Claim Form is dated 14 April. Given the 5 days postage grace this means my 14 days to respond is up today! I have completed an AOS this morning but am trying to find out quickly if there is anything I else I need to do today?


Received a claim? Yes/No: Yes
Issue Date: 14/04/2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £3000
Claimant’s Name: Lowell Financial
Solicitors Firm: Overdales Solicitors
Original Creditor: Next
Original Debt (eg. Credit card/Loan/Overdraft) : Store Card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The claim is for the sum of £2,522.14 due by the defendant under an agreement regulated by the Consumer Credit Act 1974 for a Next account with a reference of FP485245.
The defendant failed to maintain contractual payments required by the agreements and a default notice was served under s.87(1) of the CCA 1974 which has not been complied with.
The debt was legally assigned to the claimant on 30-06-21, notice of which has been given to the defendant.
The claim includes statutory interest under S.69 of the County Court Act 1984 at a rate of 7% per annum from the date of assignment to the date of issue of these proceedings in the sum of £201.77.
The claimant claims the sum of £2723.91

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not sure if statute barred. Last contact was approx 2017/18.
List any letters you have sent (eg: CCA/ CPR ): None yet.
Any Other Information or Background Details:

i am going to go through all of the forums now and check what letters i need to send but any advice appreciated. Thanks in advance - I am having a bit of a meltdown here!

[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

[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.

[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.

[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

[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]

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]

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]

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]

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]

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]

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.

[ian_mac]

Thanks a lot, I have sent them a reply via email today and sent a copy in the post to Lowell and Overdale.
I have told them of my disappointment that they have not met my request and am minded to contact the FCA - nothing wrong with making them a little irritated/uncomfortable!
Will come back when I get further replies. Thanks. Ian.

[echat11]

Hi, so I have received an update from Overdales.dated 11 Sep. I have only received it today as I was out of the country - which I informed them.
Their response notes my comment that the reconstituted credit agreement does not comply as it does not include T&C's.
However they refer to Carey v HSBC and state that they have complied with my request.
They state again that they have been instructed to proceed to final hearing and I had to reply in 7 days which i couldn't as I was out of the country.

Any advice on how I can go back to them now? They clearly don't believe they need to send varied T&C's and I need to really reply asap before they press ahead with the court instruction.

Thanks in advance. Ian.

Write back, you might as well spell it out for them -

Tell them to look at the FCA's Handbook, CONC 13.1 Application, CONC 13.1.4 (6)

https://www.handbook.fca.org.uk/hand...ation%20notice.

You could say to them, that you are minded to lodge a complaint with the FCA, but that's up to you.

Also state that you previously advised them that you would be out of the country, thus the late response.

[ian_mac]

Hi, so I have received an update from Overdales.dated 11 Sep. I have only received it today as I was out of the country - which I informed them.
Their response notes my comment that the reconstituted credit agreement does not comply as it does not include T&C's.
However they refer to Carey v HSBC and state that they have complied with my request.
They state again that they have been instructed to proceed to final hearing and I had to reply in 7 days which i couldn't as I was out of the country.

Any advice on how I can go back to them now? They clearly don't believe they need to send varied T&C's and I need to really reply asap before they press ahead with the court instruction.

Thanks in advance. Ian.