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Overdales Lowell 30 days to Avoid CCJ

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  • Overdales Lowell 30 days to Avoid CCJ

    Good morning, I received a letter from Overdales yesterday (dated 20th October on the letter), warning me of 30 days to avoid CCJ claim. They claim I owe around £9000 for a Loan with a Bank from 4 years ago. I assume I tick box D (I dispute the debt), and I write in the box asking for more information and for them to provide the original Credit agreement, and send via recorded delivery mail, is this correct? I also will write to the Bank of the original Loan agreement and request a SAR? Thanks in advance for any advice!
    Tags: None

  • #2
    Hi NOKIAMATRIX

    Welcome to LB


    Fill in and copy and paste back to this thread, without personal details.

    Received a claim? Yes/No:
    Issue Date:
    Have you Acknowledged the Claim?:
    Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
    Claimant’s Name:
    Solicitors Firm:
    Original Creditor:
    Original Debt (eg. Credit card/Loan/Overdraft) :
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
    List any letters you have sent (eg: CCA/ CPR ):
    Any Other Information or Background Details:


    a) Send a SAR request to the original creditor, 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/

    b) Send the solicitors a CPR 31.14 request, they have 7 days to provide the requested documentation. Ask for a copy of agreement, Notice of Assignment and Default Notice. Make sure you get Proof of Postage.

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

    c) Send a CCA request to the Creditor, 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) The following is an example Defence just have a look at it, don't lodge it with the Court yet -

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

    After you've acknowledged service of the claim, you have 28 days in total from the date on the claim form to file you Defence with the Court (plus 5 days postal). Post an update of what you've received from your requests, with 5 days left so we can help with your Defence.

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
    2 of 2 < >

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