Overdales / Lowell County Court Claim - Next Steps

[Spartacus21]

Issued a County Court Claim by Overdales / Lowell. AOS has been issued via Money Claim but I am unsure of what my next steps are. Do I need to contact Overdales / Lowells requesting proof of the breakdown for the money which is being pursued? Any help would be absolutely amazing, thank you

[echat11]

Fill in the following, 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) First Acknowledge service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence. - you've done this

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to the original creditor, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

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

c) Send a CCA request to Lowell, 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 CPR 31.14 request to Overdales Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

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

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

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

Update the thread as you get information through.

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[Spartacus21]

Received a claim? Yes/No: Yes
Issue Date: 18/2/2026
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) £6500
Claimant’s Name:Lowell Portfolio I Ltd
Solicitors Firm: Overdales Solicitors
Original Creditor: Virgin Money and Capital One (Europe) plc
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Cards
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): 1) |The claim comprises the following agreements the Defendant entered into:
The agreements were terminated as payments were not maintained and subsequently assigned to the Claimant. And the Claimant claims:
a) outstanding balance of £xxx
b) interest pursuant to S69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issues, being £xxx
c) Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not contacted them in 3 years
List any letters you have sent (eg: CCA/ CPR ):Nothing sent
Any Other Information or Background Details: This is about 3 years since any payment was made on the accounts and can't recall any default notices being issued until this county court claim.

[Spartacus21]

Claim issued against me on 18/2/26, my AOS was submitted on 5/3/26 but I am unsure what my defence date is as this doesn't state anything on on the MCOL regarding this date. All letters for SAR, CCA and CPR will be issued today

[echat11]

Claim issued against me on 18/2/26, my AOS was submitted on 5/3/26 but I am unsure what my defence date is as this doesn't state anything on on the MCOL regarding this date. All letters for SAR, CCA and CPR will be issued today

To give Overdales time to send you the requested documents.

Send them an email today, state that under CPR 15.5 you are asking them to extend the time to allow you to file your Defence and for them to
provide the requested documentation. So that providing they agree to that, it allows you to lodge your Defence with the Court once you've received
the requested documentation, normally they allow 14 days after you receive the documenbtation.

[Spartacus21]

Hi ECHAT11, they will be unaware of what documentation I have requested as the CPR will only be issued to Overdales today. What if they ignore my emai?

[echat11]

Hi ECHAT11, they will be unaware of what documentation I have requested as the CPR will only be issued to Overdales today. What if they ignore my emai?

Mark the email Urgent in the subject line.
Just state that the requests have been sent they will arrive at the offices shortly.
If you don't receive a response by the 16th March, update thread, then you can
go ahead and lodge your Defence.

Make sure you get Proof of Postage.

[Spartacus21]

Excellent I have sent the email and will keep you updated

[Spartacus21]

Morning. Email received from Overdales requesting additional information, full address and postcode and DOB. I am assuming this is OK to send over?

[echat11]

Morning. Email received from Overdales requesting additional information, full address and postcode and DOB. I am assuming this is OK to send over?

Yes, that fine.

[Spartacus21]

I haven't received anything back from my email to Overdales and my partner forgot to post the letters for the SAR and CCA but I will send them today. I think my defence needs to be filed on 23rd March so would like to get something sent. I received a letter from Overdales yesterday stating that I hadn't acknowledged the county court claim but I know that I have via money claim.

[echat11]

I haven't received anything back from my email to Overdales and my partner forgot to post the letters for the SAR and CCA but I will send them today. I think my defence needs to be filed on 23rd March so would like to get something sent. I received a letter from Overdales yesterday stating that I hadn't acknowledged the county court claim but I know that I have via money claim.

Ring the Court to confirm that AoS was done via MCOL.

Send the SAR, CPR and CCA letters off.
Post on this thread tomorrow, have a go at doing the Defence, copy and paste back onto this thread without personal details.

[Spartacus21]

.The Defendant received the claim XXXXX from the Civil National Business Centre, Northampton County Court on 21^st February 2026
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4.It is admittedthat the Defendant has previously entered into an agreement with Original Creditor /Claimant for provision of credit.
5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
8.The Claimants statement of case does not state when the account was assigned from Virgin Money & Capital One to Lowells. The Defendant does not recall receiving notice of this assignment.
9.It is denied that Virgin Money or Capital One (Europe) served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
10.On the 20^th March 2026 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11. Overdales has not sent any of these documents to the Defendant.
12.On the 20^th March 2026 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13.The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have not yet responded to the Defendants request.
15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.
17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
18.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I believe the (claimant or as may be) believes that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed ________________________________
Dated ________________________________

[echat11]

Read it several times, if you are happy with it, then lodge it with the Court via MCOL, you should get a confirmation email.
No point in waiting for the 23rd. That way it's done.

1.The Defendant received the claim XXXXX from the Civil National Business Centre, Northampton County Court on 21^st February 2026.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Virgin Money and Capital One (Europe) plc for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7.The Claimants statement of case does not state when the account was assigned from Virgin Money and Capital One to Lowells. The Defendant does not recall receiving notices of this assignment.

8.It is denied that Virgin Money or Capital One (Europe) served any Default notices on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the 20^th March 2026 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10. Overdales has not sent any of these documents to the Defendant.

11.On the 20^th March 2026 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.The Defendant has asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents as allowed under CPR 15.5, but they have not yet responded to the Defendants request.

14.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

15.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

16.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.

17.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________
Dated ________________________________

[Spartacus21]

Thank you so much for your help. It says if I am making a counterclaim I need to pay a fee for this. Is that correct or do I select no to making a counterclaim?