A county court claim from Northampton, Overdales Solicitors and. Lowell Portfolio

[justkira]

Received a claim? Yes
Issue Date: 12 January 2024

Have you Acknowledged the Claim?: yes AoS submitted 24 January 2024

Total Amount Claimed : 1000

Claimant’s Name:Lowell Portfolio

Solicitors Firm: Overdales Solicitors
Original Creditor: Capital One

Original Debt : i thing it was Credit card

Particulars of Claim: I failed to maintain contractual payments and default notice was served under s 87 (1) of the CCA 1974
the debt was legally assigned to the claimant on 16/06/23

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): yes. Over the phone 1 year ago

List any letters you have sent (eg: CCA/ CPR ): no


Any Other Information or Background Details

please tell me is it 2 late 2 send any letter 2 the court to the claimant and 2 the solicitors?

[justkira]

If it's not 2 late for correspondence then my question is is it legally enough 2 send 2 their email address or me have only strictly use post office?

[justkira]

Thanks in advance guys if you can provide any useful information

Also I would like to ask if I have any right to change conty court which I have to attend 2
Because Northampton is so so far far away From west London and both ways I have 2 pay approx 100 quid for train
Because I want 2 go and defend my self

[echat11]

Hi Justkira

Welcome to LB

If you could answer the following it might help later on, ' Any Other Information or Background Details'

A) You need to acknowledge service of the claim, this can be done on MCOL website, (deny all) this gives you an extra 14 days to file your defence, so that's 14 + 14 = 28 days to file your Defence (you get 5 days for postage) - you've done this.

B) Send a 31.14 request to Overdales Solicitors to address on the claim form, they have 7 days to respond after receipt of letter. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

C) Send a CCA request to Lowell Portfolio, they have 12 days to provide a copy of the agreement, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

D) Send a SAR to Capital One, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

E) You need to lodge your Defence with the Court and Overdales Solicitors by 7th February. We can help you with your Defence

Here is an example Defence give it a go, then copy and post back on to this thread without personal details, we can check it for you.

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

Don't speak to them over the phone. Depending on what documents they send, Mediation maybe an option. Remember a Court will only ask you to pay what you can afford, this is a non priority debt.

F) Even if you have email address, it's best to post the requests.

G) When you get a Directions Questionnaire, you can change the Court location.

[justkira]

Thank you so much dear ECHAT11 !
much appreciated )

[justkira]

The only thing I don't understand is... y such a rush..

U say my deadline is 7th of February. Y?

As I posted before the claim issued by 12 January I did AoS 24 of January.
So basically as 1 of your colleagues said v have 33 days all together. 14+14+5=33

Which means my deadline 2 make request for my defense is 15th of February 2024 . No?

[justkira]

To b absolutely honest with you guys I worry so much about all this situation...

Sometimes all my hands and body shaking but I just take my wonderful medication antidepressant medicine Mirtazapine 45mg and everything gets better somehow... u know..

I am so grateful to God that I found this website is very useful professional
I feel confident that there is a hope for me 2 win this case!

Together v will make them dismiss
the case I would like 2 believe ✌️

[echat11]

The only thing I don't understand is... y such a rush..

U say my deadline is 7th of February. Y?

As I posted before the claim issued by 12 January I did AoS 24 of January.
So basically as 1 of your colleagues said v have 33 days all together. 14+14+5=33

Which means my deadline 2 make request for my defense is 15th of February 2024 . No?

a) we are all 'volunteers, so are not about all the time to help.
b) you have all the information you need to file your Defence
c) you waited until the 24th January to AoS, what if you totally forgot about it and missed the deadline?
d) you've done it in good time, it's not late, it's done takes away the stress and anxiety, you are in control.

[justkira]

Thanks a lot for your assistance dear ECHAT11
God bless you

I think that u absolutely right ✅️
Because it will take a few days for letters to reach lowell and Overdales Solicitors and civil court

So I have to make it fast
Possible my last day is indeed tomorrow

So, what I'm going 2 do now is..... I will make all this 3 letters ✉️

And will post them here for your inspection for editing
and if u say my letters looks good

Then I will send them straight away to their email s
And tomorrow first thing will go public library in order 2 print out those letters ✉️

In physical form and will go after post office and will send them with proof of post

I hope that my plan sounds good 2 u

I hope my guardian angels will help me

Thanks in advance for your editing

[echat11]

a) You don't need to post the letters on here, they are straight forward, just follow instructions.

b) Also, have a go at doing your Defence, using this template, copy and paste back to this thread without personal details -

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

c) Can you copy exactly what it says on the claim form under 'Particulars of Claim'

[justkira]

Please guys let me post it in here
otherwise I will not have peace of mind

That my letter is properly done

Also I have 1 question in regard about 1£ i have to put in the letter with copy of this letter??



CPR 31.14 Request for inspection of documents

My name My address My postcode

Date 6 February 2024

Claimants name Claimants address Claimants postcode

Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 14/02/2024.

1. Agreement regulated by the Consumer Credit Act 1974 for the Capital One account with the account reference of ......

• Default Notice was served under 87 (1) of the CCA 1974

• Notice of Assignment to the claimant on 16-06-23

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

I look forward to hearing from you.

Yours sincerely

My Name


So please tell me where and how do I send this £1 fee?
I'm confused 2 b honest

[justkira]

So because I am running late I will send email letter CPR 31.14 Overdales Solicitors TONIGHT and physical letter TOMORROW ✉️

And I will send defence letter ✉️ both email and physical letter to the Northampton civil court on 14th February 2024
Right?

[echat11]

You are ignoring what you are being asked to do.
You say you understand, then post the opposite of what we are asked to do.
We don't mind helping, but you are complicating things by ignoring posts.
The best thing for you to do is visit CAB.

[justkira]

Also if I get this right I need to send two more emails and physical letters ✉️

to my debt buyer Lowell Portfolio which is CCA request

and 2 the original creditor Capital One 1 letter SAR request

Correct so far?

[echat11]

Also if I get this right I need to send two more emails and physical letters ✉️

to my debt buyer Lowell Portfolio which is CCA request

and 2 the original creditor Capital One 1 letter SAR request

Correct so far?

Read post 13.