Overdales Solicitors CCJ CLAIM FORM (Northampton Court)

[ALMOND01]

Hi,

I hope everyone is doing well I'm coming here for some advice is possible please?

I have read through some of the forums but some support/advice on this would be greatly appreciated as ive never been in this position before and have no idea.

I have received a claim form from Overdales solicitors this morning which i believe is a part of Lowell? It looks as though they have had my address wrong (road number and not flat number) and i haven't received any correspondence from them apart from these 2 letters that were handed into concierge and passed to myself as they recognised my name from our apartment block.

The claim is for a total amount of £1473.00 for an old very account that i had a couple of years ago i fell into financial difficulty with covid and being made redundant and didn't keep up with this account this now looks to have been sold to these guys who have sent a claim form that i have 14 days to respond too. (I'm a week in already as only just received the letter)

The last thing i want is a CCJ on my credit file i stupidly called them as soon as i received this and they advised there is nothing i can do apart from paying the balance in full now or spread it over 3 monthly payments but i will still receive a CCJ if i do this?

Could someone please advise here? i know i owe this debt but i really cant afford to pay it off in 1 lumpsum now or in 3. If i were to agree with the claim and ask for time to pay through the claim form does this mean i would be able to set up some sort of payment plan via the court that i could afford and meaning i wouldn't receive a CCJ or should i defend this and go down the route of -

https://legalbeagles.info/forums/for...t-Court-Claim=

Ive really got so much on my plate right now and this is the last thing i need i know ive been silly and apologise to inconvenience anyone but any help/advice would be much appreciated.

Thanks J

[echat11]

Hi Almond01

You need to follow the steps in the link you posted, that will allow you to work on your Defence. The Court will only ask you to pay what you can afford to pay, don't let creditors make you think otherwise. The debt isn't a priority debt. So what the court will ask you to do is fill in an Income and Expenditure form which shows how much you can afford to pay each month, if it's £1 so be it. Try to stay calm. Make sure you get Proof of Postage for the 31.14 Request and CCA Request.

If you have questions do ask.

[ALMOND01]

Hi ECHAT11 thanks so much for replying. So would you advise i acknowledge the claim and then send a CCA and CPR and then put in a defence. Not to fill in the claim form i have been sent with my outgoings etc as this would still incur a CCJ i guess?

Overdales were no help at all and basically told me whatever way i have to pay the full amount and will face a CCJ. If they had sent correspondence to the correct apartment number i wouldn't have allowed it to escalate to this point im just obviously concerned now with them threating me with court action and CCJ.

Thanks in advance for your help

J

[echat11]

Hi ECHAT11 thanks so much for replying. So would you advise i acknowledge the claim and then send a CCA and CPR and then put in a defence - Yes

Not to fill in the claim form i have been sent with my outgoings etc as this would still incur a CCJ i guess?
-No point filling it in at this stage.


If they had sent correspondence to the correct apartment number i wouldn't have allowed it to escalate to this point
- Can you tell us more in detail.

[ALMOND01]

Ok great thank you I have submitted an Acknowledgment of Service (AOS) form to the court. And will complete the CCA and CPR tomorrow.

Basically I live in an apartment block and the correspondence they have been sending is to the building number and not my apartment number its literally by chance that concierge has recognised my name and passed this onto me I have no idea if there was anything else sent as this and a warning letter has been handed in. I explained this but still nothing?

Not sure of this process and happy to make payments just don't really want this to go to court or for me to have a CCJ registered on my file.

[echat11]

What you should also do, is make a Formal Complaint to Lowell's (email the complaint to Lowell's), follow their complaints procedure. Explain as you have here the following:

'It looks as though they have had my address wrong (road number and not flat number) and i haven't received any correspondence from them apart from these 2 letters that were handed into concierge and passed to myself as they recognised my name from our apartment block. Explain that is why you have been unable to respond to them as their has been communication errors on their part.'

You could invite them to withdraw the claim against you, explain that you will bring the 'mis-directed' mail matter to the attention of the court.

You have evidence of that, that is clearly the case i.e. the two letters handed to you by concierge etc.

[ALMOND01]

Thanks so much echat11! should i do this before sending off the CCA/CPR or alongside?

[echat11]

Thanks so much echat11! should i do this before sending off the CCA/CPR or alongside?

Do it at the same time. Make sure the complaint is clear, to the point and succinct.

[ALMOND01]

Great thankyou! i will submit the complaint now on site and send off the CCA/CPR this afternoon. I really appreciate your help here echat11

[DE DOGS]

What you should also do, is make a Formal Complaint to Lowell's (email the complaint to Lowell's), follow their complaints procedure. Explain as you have here the following:

'It looks as though they have had my address wrong (road number and not flat number) and i haven't received any correspondence from them apart from these 2 letters that were handed into concierge and passed to myself as they recognised my name from our apartment block. Explain that is why you have been unable to respond to them as their has been communication errors on their part.'

You could invite them to withdraw the claim against you, explain that you will bring the 'mis-directed' mail matter to the attention of the court.

You have evidence of that, that is clearly the case i.e. the two letters handed to you by concierge etc.

This seems to be a common offence, gain the CCJ then suddenly discover the exact address, then starts the appeal that they hope you will not proceed with but just pay.

[ALMOND01]

Im not sure if i put my foot in it @DEDOGS as i called them in a panic yesterday and told them they had my wrong door number so now they have the correct one updated. Its literally by chance ive recieved these now or id be none the wiser and would have missed the court form. Ill complain now and see where i get.Thanks for your help

[echat11]

Im not sure if i put my foot in it @DEDOGS as i called them in a panic yesterday and told them they had my wrong door number so now they have the correct one updated. Its literally by chance ive recieved these now or id be none the wiser and would have missed the court form. Ill complain now and see where i get.Thanks for your help

As long as you can show they had the incorrect address information, which you can with the letters passed to you, then what they change on their systems retrospectively doesn't matter.

One more thing you should do, is amend / email the following:

https://ico.org.uk/your-data-matters...ata-corrected/

So that's 4 things you need to do:

a) 31.14 request - post - get proof

b) CCA Request - post - get proof

c) Letter of Complaint - incorrect address - withdraw court claim - you didn't receive letters until luckily a couple were handed to you.

d) ICO template - incorrect data on their systems (your address), they need to correct it, it has caused you much stress.

If your not sure do ask.

[ALMOND01]

Hi echat11 i hope you are well so i have followed the above steps and sent the 31.14 and CCA to lowell and overdales i havent heard anything back from them just one quick question i was only to put the £1 postal order in the CCA yes not the 31.14 just a copy of the cca in here also? thanks Jamie

[MIKE770]

Correct

[ALMOND01]

thanks MIKE770 so even if i dont hear anything back from these i need to submit my defence too the courts before this yes? I have no idea what i am doing here so really hope im in the right direction and this gets sorted its giving me massive anxiety.