Overdales Solicitors CLAIM FORM (Northampton Court)

[Finaldj]

Need some advice on best approach with a court letter issued on the 31 December 2021

This relates to 2 debts with Very and Littlewoods.

The total debt for both is £4680.06

Just some info relating to this..... I dealt with Overdales in February 2021 for 2 catalogue debts passed on from Lowell both debts are from the same company Very and Littlewoods they have put the 2 debts together for a total amount of £4680 but listed the 2 account numbers seperate. They sent a LBC back in February relating to these 2 accounts which I responded with a CCA/S78 request

I was then contacted mid March by a woman via facebook that lives 100+ miles away asking if I was the person in the letter she had received and a photo of the contents that came to her which had my name and address on it. It was all the details relating to the CCA request and they had put a copy of it in with documents relating to her as she had a debt with them.

This took a few months to sort out and they investigated admitted fault and sent me a cheque for £200 by way of an apology. About July time they sent a fresh copy of the CCA request documents. However the documents they sent only related to Very or Isme as it was called back then and nothing relating to Littlewoods. I didn't do anything about this as some parts of the documentation seemed to be missing so just left it.

On the 1/11/21 another LBC came through the post giving me 30 days notice which I will respond with another CCA/S78

However they responded back stating that they had already sent me the requested documentation. I responded back with my own LBC stating that under S78 they hadn't supplied all the documents for 1 account and didn't send me anything for the other account. This went ignored and I got a court letter today.

If I defend the whole claim based on the fact they haven't supplied documentation under S78 for both account how likley is this going to go down in court?

I have a choice at the moment admitting the debts and offering a payment plan or taking it to court and see where it goes?

[echat11]

a) What you need to do is Acknowledge the claim online, that will give you an extra 14 days to work on you defence, so that 28 days in total, plus 5 days.

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

b) Send Overdales a CCA request they have 14 days to provide you with a copy of your original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

c) Send Overdales a CPR 31.14 Request, they have 14 days to provide documents they are relying to make the claim. Make sure you get Proof of Postage.

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

d) Send Lowell's a SAR, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

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

Make sure you get your defence in on time, so 28 days from today, note it in your diary.

You don't have to decide straight away whether to set up a payment plan. See what they agreement etc they send you.

[Finaldj]

Thank you I will get onto this, what happens if they haven't responded in time at the end of the 28 days? do the courts automatically send out a court date or is the ball in Overdales case to decide if they want to use the court or not?

I can't deny I had either accounts but what I want to defend is the fact I asked for proof of debt from the DCA via a S78 and they haven't complied with the information.

What I don't want to do is end up in court looking like a fool because my only defence is the lack of information the DCA have sent me and the ncourt simply asking me did you have accounts with these 2 companies yes or no. I can't say no I didn't because I did it would be a lie to the court.

Thank you for replying to me though I will get onto these later tonight and get them sent off tomorrow recorded

[echat11]

You will need to get your Defence in on time regardless of whether you received the requested information.

You can start to work on your Defence, below is a Defence that you can amend for your case.

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

[Finaldj]

echat11 I'll hang fire before I send, can you just glance over the uploaded documents (court letter) and the CCA requested documents they sent me for 1 account. I want to see if they have complied with the S78 request. is what they sent enough or should there be more sent?

I've drafted everything up needed to send. Didn't get a chance the other day to do this due to leaving work near 11pm when I should have finished by 7pm.

I have filled out the CPR 31.14 form

Asking for the "agreements" I entered into. The court form doesn't mention anything else. this is what it says

1) The Claim comprises the following Agreements the Denfendant entered into
A account XXX for £££
B account XXX for £££

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant

When I filled out a S78 overdales sent me a copy of the digital contract I signed 1 page and a 3 double sided page of their terms and conditions relating to the account (this was for Very) they sent nothing for Littlewoods.

Should they have sent Statements, default notices and agreements or is what they sent me enough under a S78?

My defence will be to the courts that when I filled out a S78 they didn't send all the supplied information relating to a S78 for both accounts.

But unsure if legally all they need to show is a signed agreement and a copy of they T&C? the rest isn't relevent?

Thanks

[Finaldj]

You will need to get your Defence in on time regardless of whether you received the requested information.

You can start to work on your Defence, below is a Defence that you can amend for your case.

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

Part 2 of uploaded documents

[echat11]

They sent you the court claim form you need to address each point they raise in the Particular of Claim for both accounts.

They should of sent Default Notices, copy of Letter of Assignment, statement of account etc.

Have a read of the following:

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

[Finaldj]

Thanks, sorry to be a pain with so many questions. I've got a number of outstanding debts that could go this way in the long run. This is my first time.
Only reason I asked was the CPR 31.14 form asks to only request what they are using in court to claim against me. In their case as per the attached photo above they are using " the agreements the defendant entered into" I wasn't sure if this would include the Default Notices and copy of letter of Assignment etc. It doesn't say. You'll see from the attachments that I posted that is all they sent regarding 1 account. I guess it doesn't hurt to ask in the CPR form anyway they'll only send copies of what they are using I guess.

Thanks alot echat11 you've made it look really simply to get on with all this.

[Finaldj]

echat11

Could you please have a glance over at the uploaded documents I sent Posts #5 and #6

I did everything in #2 and have had a response from Overdales.

They have sent me copies of the same copies I already have which are the uploaded documents I have posted on this site. I had sent a covering letter with the CCA and CPR 31.14 explaining that they have only sent documents relating to one account and not the other and that there is missing information relating to what they should have relating to a S78 for the documentation they have sent me.

If you would be kind enough to look at what they have sent me and tell me if that is enough or whether they should have sent more?

They have stated that they won't respond any further relating the account only to accept payment terms and telling me to file my defence for court.

Thanks

[echat11]

You have two accounts, one Very the other Littlewoods.
You could have uploaded the documents they sent for each account in individual posts.

In there Particular of Claim they state 'assigned' but they haven't sent 'Letters of Assignment'.

They don't state Default Notice, so they haven't sent that, although that's important.
They haven't provided a Statement of Account, not mentioned in the Particular of Claim.

For what they put in their Particulars of Claim, yes.

Time for you to work on your Defence.

Have a fill / amend and upload it without personal details.

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

Don't miss the deadline for filing your Defence.

[Finaldj]

Sure I'll have a go at that over the next few days. I have till the 2nd February to submit my defence.

The uploaded documents is a copy of the court letter and the rest is a copy of the Very account not Littlewoods. I'm limited to so many attachments to one post so had to upload the Very accounts to 2 posts.

Overdales haven't sent any information relating to the Littlewoods account despite asking them 3 times now so all this will be in my Defence.

my next post will be a copy of the defence document thanks

[echat11]

There are two sets of agreements, just look at post 5, from the left, look at 2 and 3. They are different. What do you think?

[Finaldj]

Well that is what is confusing me, (2) looks like a none signed agreement with no credit limit amount set that could be for anything? I could assume Littlewoods but it doesn't say so legally would that even be binding if they take it to court?

(3) that is the agreement for Isme or Very as it changed it's name this is a digitally signed agreement with an agreed credit

If there is 2 contracts in there it doesn't make sense at all what they are sending me and they haven't even offered an explanation saying so e.g which one is Very and which one is Littlewoods. It looks like they have just printed out a blank page for Littlewoods or removed the names from the Very contract and made it look like a seperate contract as I assume it's all been sent to them digitally from the company when they bought the debts?

This is my first time dealing with anything at this level before I have just normally offered a DCA payment terms this is the first time I have gone this far that they are willing to take it to court.

What do you think? I don't want to look a complete tool in court when everything is in the DCA's favour and I'm just thick I don't understand whats going on.

If I submit my defence and they still go to court as I am in Leeds not Northampton at what stage can I ask for it to be dealt with locally? will I needs to call the court or can this be done online when I submit my defence?

Thanks

[echat11]

O.K. so they've sent copies of the Very account. They've sent copies of what they say are the Littlewood's account, but haven't even filled in your personal details, name, address etc. So they complied with your request.

Did you remove your name and address from the Very agreement they sent you?, erased in blue.

When they send you an allocation questionnaire (it's form), you can get the case transferred to Leeds, this is after you file your defence.

Have a go at your defence, copy and paste it, then we can take a closer look and make adjustments.

[Finaldj]

Yes erased in blue is the Very account it had a credit limit of £1000 or £937 by the time I ended up in debt with them. Not sure how I even got credit looking at the contract it looks like I signed up as MRS but they gave me an account anyway.

The other blank form (2) I suspect is Littlewoods but because there is nothing written on it surely they can't say well we sent you the Littlewoods one as well it doesn't state anything relating to littlewoods.

If anything looking closer at the 2 documents it looks like the whole text doesn't look write. Its in a different font, Where it starts to say Key Features 1.credit limit it says £ and thats it's the spacing is all wrong

further down where is says 7. total amount you have to pay again it say £ (blank) and the spacing is all wrong again.

(cost of credit)
For Very it states all the APR terms and how much. On the Blank contract it says nothing just 0% APR and the other APR bits that should be filled in are blank.

It's like they have copies of a blank contract document or they have edited a document from someone else as it looks like they've used paint or something to remove things from the document the whole line spacing where things should be written looks all wrong?

I can't remember my credit limit with Littlewoods when I first joined but the final debt was over £3000.

I will upload a copy of my defence in Wednesday my next day off work. Thanks Echatt11