Overdales CCJ Claim Form (HELP???) 3 days left to defend!!!!!

[enigma18]

echat11 ostell

I'm still waiting for confirmation of closure for the first disputed account. However, Three have confirmed I will be eligible for compensation due to the extensive damage this would have to my credit file. Therefore, I would like to ask is it too late to submit a counterclaim against Lowell for damages and would you advise doing so. (I have no issues paying the necessary fees for proceedings).

[echat11]

echat11 ostell

I'm still waiting for confirmation of closure for the first disputed account. However, Three have confirmed I will be eligible for compensation due to the extensive damage this would have to my credit file. Therefore, I would like to ask is it too late to submit a counterclaim against Lowell for damages and would you advise doing so. (I have no issues paying the necessary fees for proceedings).

R0b The Counterclaim needs to be submitted with the Defence. As that's already been submitted, any claim would just be made in the normal way.

https://www.judiciary.uk/wp-content/..._in_Person.pdf

[R0b]

You can start separate proceedings related to the damage to credit file though I wouldn't say its an open and shut case to claim any damages and really you should be looking at suing Three and Lowell together. Three's failure to carry out any proper due diligence and Lowell's continuation of that when they purchased the debt. They should have had all the paperwork including the original contract and checked whether the claim was valid. If they didn't (and most debt purchasers do not) then you should be able to hold them to account and it would be up to Lowell to counterclaim against Three for selling them a duff account.

You'd need to send a letter before action but first you need to decide what you are going to do.

[enigma18]

You can start separate proceedings related to the damage to credit file though I wouldn't say its an open and shut case to claim any damages and really you should be looking at suing Three and Lowell together. Three's failure to carry out any proper due diligence and Lowell's continuation of that when they purchased the debt. They should have had all the paperwork including the original contract and checked whether the claim was valid. If they didn't (and most debt purchasers do not) then you should be able to hold them to account and it would be up to Lowell to counterclaim against Three for selling them a duff account.

You'd need to send a letter before action but first you need to decide what you are going to do.

Thank you Rob, I will do.

Three have offered £100 for the first account, I think this is a low amount considering the damages any suggestions on whether I should accept.

[echat11]

Thank you Rob, I will do.

Three have offered £100 for the first account, I think this is a low amount considering the damages any suggestions on whether I should accept.

Make a counter offer, tell them you are minded to complain to the Financial Ombudsman Service and the Information Commissioners Office.

[enigma18]

Make a counter offer, tell them you are minded to complain to the Financial Ombudsman Service and the Information Commissioners Office.

R0b echat11

Thank for your suggestion.

I countered with £XXX, with an expectation for them to meet somewhere in the middle.

[enigma18]

R0b echat11

Thank for your suggestion.

I countered with £XXX, with an expectation for them to meet somewhere in the middle.

echat11

Thank you so much for your suggestion

My counter was accepted!!!

[echat11]

echat11

Thank you so much for your suggestion

My counter was accepted!!!

That's cool.

[enigma18]

That's cool.

echat11 R0b

I have a question, does the claimant have a time limit to file a response or agree to a hearing.

Since my last post, Lowell have completely ignored me.

When I log in to MCOL the status has changed to 20th Oct, AOS filed.

In the recent transactions section it shows my everything else my last action was my filing on the 19th and nothing since from Lowell on the claimant side.

[echat11]

echat11 R0b

I have a question, does the claimant have a time limit to file a response or agree to a hearing.

Since my last post, Lowell have completely ignored me.

When I log in to MCOL the status has changed to 20th Oct, AOS filed.

In the recent transactions section it shows my everything else my last action was my filing on the 19th and nothing since from Lowell on the claimant side.

Your post is a bit confusing.

a) I have a question, does the claimant have a time limit to file a response or agree to a hearing.

They filed a County Court Claim, you filed a Defence, the Court should send out a Allocation Questionnaire for both parties to fill in.

b) Since my last post, Lowell have completely ignored me.

Maybe they are deciding how to proceed.

c) When I log in to MCOL the status has changed to 20th Oct, AOS filed.
In the recent transactions section it shows my everything else my last action was my filing on the 19th and nothing since from Lowell on the claimant side.

As long as they have acknowledged receiving your Defence, then everything is o.k.

[enigma18]

echat11 R0b

I have a question, does the claimant have a time limit to file a response or agree to a hearing.

Since my last post, Lowell have completely ignored me.

When I log in to MCOL the status has changed to 20th Oct, AOS filed.

In the recent transactions section it shows my everything else my last action was my filing on the 19th and nothing since from Lowell on the claimant side.

I haven't received any questionnaire from the Court yet since filing the defense is this normal.

[echat11]

I haven't received any questionnaire from the Court yet since filing the defense is this normal.

Give the Court a call, that will put your mind at rest.

[MIKE770]

usually a delay especially at present ring anyway

[enigma18]

MIKE770 echat11 R0b

I have an update and I could really use some help.

Three are refusing to accept fraud for this account even though I had to vigorously challenge Three to get them to accept liability for the first account.

As you can see from Exhibit 1G, Three's initial stance was to refuse the dispute entirely until I forced them to identify the anomaly with the first account.

However, they have categorically in writing stated numerous times that previous account which they have accepted as fraudulent was managed in exactly the same way prior to accepting liability.

I have received a mediation notification from Overdales and I have until the 28th January to file a response.

Overdales intend on giving me a brief call today at 1pm.

I am in my late 20s and I cannot afford a CCJ.

Despite the sheer incompetence from Three I am actually considering the 400.00 I am being asked for and calling it a 150 loss minus the compensation so I do not have to worry about the consequences of losing.

I also wanted clarification if I can still pursue Lowell for damages on the first account which liability has been accepted and could offset the loss on this account.

I have attached the redacted evidence I have prepared should this matter reach to a hearing along with a response from Lowell.

I would appreciate your help. Thanks in advance!!!

[echat11]

Their fraud team said 'both accounts were fine' then admitted one account had an error the (date of birth).

They couldn't have looked that closely at the accounts, birth date is a very basic check.

It might be an idea to negotiate the £400 down to £250, you should certainly agree to the mediation. Don't lose the mediation opportunity which comes before any hearing.

Did they provide SAR details for both accounts?

Any offers you make email them over and mark 'Without Prejudice'.