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

[enigma18]

I received a Overdales Claim Form for a Three Account for £453 ~ opened in 2017 and sold to Overdales (Lowell) in 2019. I've already submitted the AOS and now I have three days to respond.

I raised an urgent fraud query with Three and have been told the account was opened in store 47 miles away from my home address (in a town I've never been too) yet they have "no fraud concerns" for the account.

I have asked if they still have the proof of ID and checks on record when the account was opened and to provide this.

However, I only have 3 days left to submit my defense and I am confident I did not open this account any suggestions how should I best prepare my defence.

[echat11]

HI ENIGMA18

It sounds like you are waiting for information, it might be an idea to send a SAR to Three, make sure you get Proof of Postage.

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

Send Overdales a CPR 31.14 Request, make sure you get Proof of Postage.

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

(I believe you have 5 days on top of the 3 days you think you have), but Amend the Defence to suit your case. Send a copy to the court, make sure you get Proof of Postage. Send a copy to the Creditor, make sure you get Proof of Postage.

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

des8 MIKE770

[enigma18]

-DELETED-

[enigma18]

HI ENIGMA18

It sounds like you are waiting for information, it might be an idea to send a SAR to Three, make sure you get Proof of Postage.

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

Send Overdales a CPR 31.14 Request, make sure you get Proof of Postage.

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

(I believe you have 5 days on top of the 3 days you think you have), but Amend the Defence to suit your case. Send a copy to the court, make sure you get Proof of Postage. Send a copy to the Creditor, make sure you get Proof of Postage.

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

des8 MIKE770

Thank you very much for your response.

I submitted a SAR with Three at the same time as raising the fraud query.

I will submit this document to Lowell also.

After speaking with Three again, they said have a practice to record the ID taken in store on sign up yet this is not on file.

[echat11]

Thank you very much for your response.

I submitted a SAR with Three at the same time as raising the fraud query.

I will submit this document to Lowell also.

After speaking with Three again, they said have a practice to record the ID taken in store on sign up yet this is not on file.

Have they got any signatures etc? It's a case of gathering as much info as possible then build your Defence.

[enigma18]

Have they got any signatures etc? It's a case of gathering as much info as possible then build your Defence.

I do not think so, I just spoke with the store the account was originally opened in.

Apparently, they have a practice to attach the ID to the copy of the credit agreement and although this isn't available a paper copy should still be held in storage.

In addition to this, because the agreement was opened in store the only form of the agreement I believe is in paper.

[echat11]

I do not think so, I just spoke with the store the account was originally opened in.

Apparently, they have a practice to attach the ID to the copy of the credit agreement and although this isn't available a paper copy should still be held in storage.

In addition to this, because the agreement was opened in store the only form of the agreement I believe is in paper.

You need to 'crystallize' the evidence so you can present it as fact, rather then speculate i.e. 'maybe' it's fraud.

Send Three the follow up template, request the info you want from the store etc, make sure you get Proof of Postage: -

https://ico.org.uk/your-data-matters...h-the-outcome/

[enigma18]

You need to 'crystallize' the evidence so you can present it as fact, rather then speculate i.e. 'maybe' it's fraud.
Send Three the follow up template, request the info you want from the store etc, make sure you get Proof of Postage: -
https://ico.org.uk/your-data-matters...h-the-outcome/

This is based on numerous information I have been provided in relation to this account.

However, you are right I do not have enough information to definitive say it is fraud yet.

I have attached a draft defense until I receive the requested information, I would highly appreciate you or anyone else reviewing and suggesting amendments.

[enigma18]

Received SAR,

Got copy of the contract signature mismatch.

Although they are supposed to take ID store they did not for this contract.

In addition to this the SAR shows I raised a dispute through my credit provider for this account back in 2018.

No voice recordings held on file but call logs and texts.

Any suggestions on how to challenge this appropiately????

[enigma18]

Received SAR,

Got copy of the contract signature mismatch.

Although they are supposed to take ID store they did not for this contract.

In addition to this the SAR shows I raised a dispute through my credit provider for this account back in 2018.

No voice recordings held on file but call logs and texts.

Any suggestions on how to challenge this appropiately????

echat11 des8 MIKE770

[echat11]

So you've submitted your Defence to their Particulars of Claim?

You need to wait for the Court to comeback to you to 'challenge' it, but you could write to Overdales / Three requesting that they withdraw the claim, you could send them a sample of your signature from your Driving License, but do that after you contact Action Fraud.

If you believe it to be fraud, then report it to Action Fraud online, that will generate a Reference Number.

Can you explain what this means 'I raised a dispute through my credit provider for this account back in 2018'?

Wait for other members to advise first.

[enigma18]

echat11 des8 MIKE770

I sent the ID to Three but they no longer hold that account and have neglected to change their fraud review.

My credit file provider is CallCredit when you look at your credit report online you can challenge entries such as outstanding amounts or hard/soft searches.

I obviously noticed this appear on my file and reported this through them in 2018, I was referred back to Three I think later down the line and failed to follow up.

I haven't submitted my defence I will be tomorrow as I was told I have until the 22nd.

Action Fraud may be of little help due to how long has persisted since account opening, I will enquire first.

More importantly, another account with Three was opened a year prior with a different DOB and sold to Lowell in the same manner.

Three has confirmed it was managed in the same way as this one but it is still reluctant to withdraw the claim.

Every direct debit attempt failed, only three ad hoc card payments were made before this account went into collection.

echat11

[echat11]

a) I sent the ID to Three but they no longer hold that account and have neglected to change their fraud review.

They still have details of the account, they sent the SAR, they might not have all the details, i.e. ID details never existed.

b) My credit file provider is CallCredit when you look at your credit report online you can challenge entries such as outstanding amounts or hard/soft searches. I obviously noticed this appear on my file and reported this through them in 2018, I was referred back to Three I think later down the line and failed to follow up.

That is more evidence against Three's claim.

c) I haven't submitted my defence I will be tomorrow as I was told I have until the 22nd.

As you still haven't submitted your Defence, you can use the information from the SAR in your Defence i.e. it's not your signature, store didn't use ID as part of it's Due Diligence / verification process, you reported the matter at the time to Credit Call they didn't act on the information given etc.

d) Action Fraud may be of little help due to how long has persisted since account opening, I will enquire first.

You didn't have concrete evidence then, but you do now. So you should lodge a Complaint.

e) More importantly, another account with Three was opened a year prior with a different DOB and sold to Lowell in the same manner.

Three has confirmed it was managed in the same way as this one but it is still reluctant to withdraw the claim.
Every direct debit attempt failed, only three ad hoc card payments were made before this account went into collection.

Send a SAR, do exactly the same as this account, find holes in their case, report to Action Fraud.

[MIKE770]

lodge an official complaint!
get proof posting no charge for the SAR Subject Access Request Letter

[enigma18]

a) I sent the ID to Three but they no longer hold that account and have neglected to change their fraud review.

They still have details of the account, they sent the SAR, they might not have all the details, i.e. ID details never existed.

b) My credit file provider is CallCredit when you look at your credit report online you can challenge entries such as outstanding amounts or hard/soft searches. I obviously noticed this appear on my file and reported this through them in 2018, I was referred back to Three I think later down the line and failed to follow up.

That is more evidence against Three's claim.

c) I haven't submitted my defence I will be tomorrow as I was told I have until the 22nd.

As you still haven't submitted your Defence, you can use the information from the SAR in your Defence i.e. it's not your signature, store didn't use ID as part of it's Due Diligence / verification process, you reported the matter at the time to Credit Call they didn't act on the information given etc.

d) Action Fraud may be of little help due to how long has persisted since account opening, I will enquire first.

You didn't have concrete evidence then, but you do now. So you should lodge a Complaint.

e) More importantly, another account with Three was opened a year prior with a different DOB and sold to Lowell in the same manner.

Three has confirmed it was managed in the same way as this one but it is still reluctant to withdraw the claim.
Every direct debit attempt failed, only three ad hoc card payments were made before this account went into collection.

Send a SAR, do exactly the same as this account, find holes in their case, report to Action Fraud.

Thank you for your responses MIKE770 echat11. This has been noted.

I lodged a complaint at the highest level with Three, hence why I was able to retrieve this dossier of information in a short period of time.

Despite this, they are unwilling to accept liability for their errors in allowing these accounts to be set up.

I may add a draft defence later and I would appreciate a review to suggest the best way to put forward my defence.