Overdales Solicitors CCJ CLAIM FORM (Northampton Court)

[ALMOND01]

Hi echat11 so ive received a letter from the court this morning advising they have received my defence. I have heard absolutely nothing from lowell/overdales. Do i just sit and wait to hear from them is there anything else you would advise i do? Thanks

[echat11]

Hi echat11 so ive received a letter from the court this morning advising they have received my defence. I have heard absolutely nothing from lowell/overdales. Do i just sit and wait to hear from them is there anything else you would advise i do? Thanks

Nothing you need to do at the moment.

[MIKE770]

"lowells move next, or it gets "stayed" (parked up.)

[ALMOND01]

Hi echat11 MIKE770 I hope you are both well and had a lovely Christmas/new year. So i went back to my parents early for Christmas this year due to the wfh notice and now have returned to my address with an update from both the court and overdales.
Overdales have provided me the documents supporting their claim against me in this is the credit agreement that i had taken out with Very at my old address and not my current this doesn't include my signature but does include my name as signature, date and a tick box to sign and accept the agreement which i had done.

They have also provided a directions questionnaire which they have filled out and sent to the court. They have advised in this 'we have agreed to mediation in our directions questionnaire which may result in settlement without further legal action and costs. Mediation wold be conducted over the telephone by an independent mediator. if you agree to mediation please ensure you tick the 'yes' box in part A1 of your own directions questionnaire.
If you would like to settle this matter directly, our client invites you to put forward an affordable settlement to us either as a single payment or by instalments. As agreed settlement may avoid a hearing or judgement and also additional costs being added to your debt."

I have received a letter from the court also (notice of proposed allocation to the small claims track) stating the below and including an N180 Form.

1, This is now a defended claim.
The defendant has filed a defence (no copy included)
2, It appears that this case is suitable for allocation to the small claims track.

Could you explain what position this leaves me in? Am i better off just arranging a re payment plan with them for this not to go to court or do i complete the N180 and agree to the small claims mediation service? What does the mediation service even mean?

I'm so sorry to sound so stupid but i have no idea and i do appreciate all of your help/support and advice here.

Many thanks J

[ALMOND01]

Sorry if anyone can advise on the above my time is running out on me returning the N180 form to the court. I'm just not sure what the best avenue is for me to take here.

Thanks in advance for your help it is much appreciated.

[echat11]

Try not to panic.
How did you take out the Very agreement?
How old is the Very account?
Just an idea, get all the charges removed, try to negotiate the sum that's owed down.
You would agree to mediation email a copy of your Allocation Questionnaire to the court and Overdales.

[ALMOND01]

Hi echat11 thanks so much for replying.

How did you take out the Very agreement? - It was taken out on 10/01/2015 online
How old is the Very account? it'll be 7 years on the 10th of this month and was in default from 30/07/2020

Just an idea, get all the charges removed, try to negotiate the sum that's owed down. Would this be done via mediation or me contacting them?

You would agree to mediation email a copy of your Allocation Questionnaire to the court and Overdales. - It only gives me an address on the court letter to return this too not an email?

I haven't received anything from lowels just from overdales i have received a copy of the agreement/itemised statement and notification letter to say that Lowell had bought the debt which they have said is the documents supporting the clients claim against me.

I have also received a copy of their directions questionnaire which was sent to the court which under hearing venue they have written ' The claimant respectfully requests that in order to avoid disproportionate costs and for all parties convenience, the final hearing of the matter be conducted by way of telephone hearing, which the claimant will endeavour to arrange'

It also says in the cover letter to this 'if you would like to settle this matter directly our client invites you to put forward an affordable settlement to us either as a single payment or by instalments. An agreed settlement may avoid a hearing or judgement and also additional costs being added to your debt''

Now im not sure where i fare here have i been provided enough information for me to be able to go down the mediation route i need to submit the N180 by eod really to ensure it reaches the court by the 07th deadline. Im happy to mediate with them and come to some sort of agreement as this is causing me so much stress but i dont really know what my next steps are here or whether i even have a leg to stand on if it does go to court?

Thanks again for all of your help! I hope this makes sense but any questions please let me know

[echat11]

You are still in control of the situation.
You can still email the Allocation Questionnaire. That doesn't add any extra costs.
You can still negotiate with Lowell's now, get charges removed, a lower amount etc. That doesn't add extra costs.
The court will write regarding mediation, once they get the Allocation Questionnaires back.

You can email the Allocation Questionnaire to the Courts, in the subject line, write the case Reference No. and XXXXXXXXX V XXXXXXXXX.

(Care of ostell) Send to both and you should get an acknowledgment email

ccmcce-filing@justice.gov.uk

ccmcce-filing@hmcts.gsi.gov.uk

You have got to send a copy to the claimant as well

[ALMOND01]

Thankyou!!

I will send off the allocation questionnaire to the court and overdales now as my cut off deadline is the 07/01. The court address on the notice of proposed allocation is the

county court business centre 4th floor
St Katharine's House
21-27 St Katharine's Street
Northampton
Northamptonshire
NN1 2LH

Would i still be ok to use the email address you have kindly provided above or would i need to use the one i have found for the above court?

So what would be your best advice echat11??? Would you suggest i call overdales tomorrow and discuss if there is any way of a negotiation with them to settle this or don't contact them and just leave it until the court receives my questionnaire and go from there via mediation i presume?

From what i can gather they are looking to settle outside of this going to court but i have no idea?

[echat11]

Thankyou!!

I will send off the allocation questionnaire to the court and overdales now as my cut off deadline is the 07/01. The court address on the notice of proposed allocation is the

county court business centre 4th floor
St Katharine's House
21-27 St Katharine's Street
Northampton
Northamptonshire
NN1 2LH

Would i still be ok to use the email address you have kindly provided above or would i need to use the one i have found for the above court?

So what would be your best advice echat11??? Would you suggest i call overdales tomorrow and discuss if there is any way of a negotiation with them to settle this or don't contact them and just leave it until the court receives my questionnaire and go from there via mediation i presume?

From what i can gather they are looking to settle outside of this going to court but i have no idea?

Send to both the email addresses for the court in post 39. You can negotiate with Lowell's NOW, do everything in writing, write 'Without Prejudice' on the correspondence you send them.

Mediation gives you another chance.

[ALMOND01]

Thanks so much echat11 i will do this now and i will reach out to Lowells and see what they can come up with in negotiation and if that gets me no where i will continue with mediation. Fingers crossed this ends with no CCJ and no court appearance i just want this done and out of the way. I do appreciate your help

[ALMOND01]

Hey echat11 I hope you are keeping well? Its been a while since I last posted. I have been given a telephone mediation appointment for next week. I'm just wondering if you can advise me on what i need to do here? Is this a good sign? im worried about messing this up as im really not sure what happens on a mediation call.

[echat11]

Hey echat11 I hope you are keeping well? Its been a while since I last posted. I have been given a telephone mediation appointment for next week. I'm just wondering if you can advise me on what i need to do here? Is this a good sign? im worried about messing this up as im really not sure what happens on a mediation call.

Stay calm, mediation is pretty straight forward. A mediator speaks to you, then speaks to the other side, then talks to again. It's informal.

https://www.smallclaimscourtgenie.co...ation-service/

Have a read, look at the strengths of your case, how much do you have to bargain with.

Then ask further questions.

[ALMOND01]

Hey echat11 thanks so much for your response and link. I have had a look through and am not to worried about the call tomorrow. With mediation would i be able to suggest an offer here or a payment plan for example? I'm not sure if you can even answer this but would you suggest going in a lower amount the total owed is £1473.00 but i cannot afford to currently pay that in a one off. Could i make an offer of say half of that or possibly less?

[echat11]

Hey echat11 thanks so much for your response and link. I have had a look through and am not to worried about the call tomorrow. With mediation would i be able to suggest an offer here or a payment plan for example? I'm not sure if you can even answer this but would you suggest going in a lower amount the total owed is £1473.00 but i cannot afford to currently pay that in a one off. Could i make an offer of say half of that or possibly less?

Yes, start at a low offer i.e.£500 / £600, what ever you are comfortable with, don't be scared. The whole idea of mediation is to try to settle the matter. Don't be 'bullied' into paying more then you can afford.