Overdales Solicitors CLAIM FORM (Northampton Court)

[echat11]

Littlewood document sounds iffy.
Copy and paste it, much easier to amend it.

[Dottylotty]

Im not sure I can be of much help...BUT I had a similar situation recently with Overdales/Lowell. Two accounts on the same claim, both small debts one of which I knew the Credit Agreement was unenforceable (it had been transferred through 3 companies over several years and went back to 2003). They did manage to find the original agreement but could not confirm that the same terms had been applied by the final credit company (I knew that this was important) who had assigned the debt to Lowell. I'll be honest I hadn't a clue what I was doing but raised several queries like these debts were either old (unenforceable agreement) or no proper affordability checks were carried out. I had notification that the claim was dismissed today from the claimant - Totally surprised I had agreed to go to mediation because I felt I could stand my ground with one debt and I had a questioned that these two debts had been bundled together because one debt was unenforceable and the claimant was abusing the money claiming system. I would look at using specialised solicitors if you feel you cannot deal with this claim its a bigger claim than I had. I used a firm on another debt who looked at the claim FOC and acted on my behalf at an affordable cost (won the case and all costs covered), most of these Claim Mgmt. companies raise claims where they have not followed proper procedures and you need the expertise to get the cases dismissed.

[Finaldj]

echat11

Can you take a look please, I've taken some bits out as not relevent like the debt been over 6 years old.

If this looks ok I am asuming if they take it all the way I can properly defend in court have have my say than just filling out the blanks here to make it simple?

If anything needs editing can you point me in the right direction. I was planning on submitting my defence online so can I do it with the below in the current format?

Thanks


In the [Northampton County Court Business Centre]

Claim No: [XXXXX]

[Lowell Portfolio LTD]

Claimant

And

[ME]

Defendant

DEFENCE

1.The Defendant received the claim [XXXX] from the [Name of Court Northampton ] County Court on 31/12/21 <----- issue date I recieved 5 days later

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim [is for] x2 [Catalogue Accounts] agreement regulated under the Consumer Credit Act 1974.

4.It is [admitted] that the Defendant has [previously] entered into [an agreement] with [Original Creditor] for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim [fail to provide statements when the agreements were entered into/states the agreement was entered into since they have taken on the debt]

8.The Claimants statement of case states that the account was assigned from [Shop Direct Finance company LTD] to [Lowell Portfolio LTD] on [4/5/2020 & 20/05/2020]. The Defendant does not recall receiving notice of this assignment.

9.It is denied that [Shop Direct Finance company LTD] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the [11/01/22] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [Agreement].

11.[Claimant’s Solicitor] has not provided all these documents to the Defendant.

12.On the [4/2/21 & 27/4/21 & 11/1/22] The Defendant sent a formal request for a copy of the original agreements including Default Notice's and Notice of assignments to [Overdales] pursuant to section [78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with [s78 (1)] Consumer Credit Act 1974 and by virtue of [s78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[echat11]

You can email the Defence to the court, put the Claim Number XXXXXX and Lowells v XXXXXXX in the subject line email it to: ccbcaq@justice.gov.uk

Send a copy of the Defence to Overdales, make sure you get Proof of Postage.

1.The Defendant received the claim XXXX from the [Name of Court Northampton ] County Court on 31/12/21.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for 2 Catalogue Accounts agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with XXXXXXXX for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards to the claim against him.

6.The Claimants Particulars of Claim fails to provide statements when the agreements were entered into.

8.The Claimants statement of case states that the account was assigned from Shop Direct Finance company LTD to Lowell Portfolio LTD on 4/5/2020 & 20/05/2020. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Shop Direct Finance company LTD served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the 11/01/22 The Defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Overdales. The Defendant requested the Claimant provide copies of the Agreements.

11.Overdales has not provided all of the requested documents to the Defendant.

12.On the 4/02/21, 27/04/21 and 11/1/22 the Defendant sent a formal request for a copy of the original agreements including Default Notice's and Notice of assignments to Overdales pursuant to section [78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with [s78 (1)] Consumer Credit Act 1974 and by virtue of [s78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[echat11]

Do you want to summarize this as a point and put that into your defence? Demonstrates that their admin was 'poor'.

'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.'

[Finaldj]

Will that email get to the correct person? I did register online so will this update if I check in a few days? I could give them a call on Tuesday if they haven't got it. I appreciate the Edit it reads so much better. I will fill in the blanks that need doing and get that off in a few hours.

Thanks

[echat11]

Will that email get to the correct person? I did register online so will this update if I check in a few days? I could give them a call on Tuesday if they haven't got it. I appreciate the Edit it reads so much better. I will fill in the blanks that need doing and get that off in a few hours.

Thanks

Yes, it will, I used the email address in post 19.

[Finaldj]

echat11

What format do you need to send the document in?

I have sent the document as a microsoft office document and also copied and pasted the same defence into the email so that can pick from whatever.

However their return email states to check online for the correct format as the wrong formats wont be accepted. but I had trouble finding it, They also stated a 10 working day turn around for replies so I hope this doesn't happen for the email system as I have to file me defence by Wednesday next week.

[echat11]

echat11

What format do you need to send the document in?

I have sent the document as a microsoft office document and also copied and pasted the same defence into the email so that can pick from whatever.

However their return email states to check online for the correct format as the wrong formats wont be accepted. but I had trouble finding it, They also stated a 10 working day turn around for replies so I hope this doesn't happen for the email system as I have to file me defence by Wednesday next week.

I would convert the Microsoft Office to PDF and send that (just in case).

[Finaldj]

echat11

Does this mean that my defence has now been entered?
A claim was issued against you on 31/12/2021
Your acknowledgment of service was submitted on 09/01/2022 at 23:22:28
Your acknowledgment of service was received on 10/01/2022 at 08:05:12
Your defence was received on 28/01/2022

I'm just wondering as well, Why would I send a copy of my defence to Overdales? wouldn't this be counteractive?

[MIKE770]

you have to how can they know what your defence is,

Counteractive?????

[echat11]

you have to how can they know what your defence is,

Counteractive?????

Agree 100%, it's so everyone has the same documents / information. Court cases aren't meant be so 'cloak and dagger'.

[Finaldj]

I got a letter from Overdales today, they want to try mediation (over the phone) They have done the N180 form I think it is and are waiting to hear from me once the courts have contacted me to see what my next move is.

Not sure if I am keen on talking to them over the phone and I still stand by my defence statement that they haven't supplied all the information which they appear to be ignoring this and want to continue trying to get payments from me without supplying what I asked for.

[echat11]

You should receive a Directions Questionnaire, you need to fill it in and send it back. Mediation isn't a bad thing, it might help, it might not. Just go into it with an open mind, that's what mediation is about.

[MIKE770]

save as to courts time you are expected to go through mediation, consist you on phone, mediation in middle on phone, and the otherside on phone (nobody sees anybody).,

Mediation when contact you (IF YOU agree to mediation?) will ask Have you the required documents etc to able mediation?? if you state no they will no doubt state no mediation possible and inform court for next stage (later if not disclosed you can ask court to issue instruction for them to supply documents.) (Note:- hope they cannot supply enforceable documents, even if they do they have to be 100% accurate) look around site and see how these people work and withdraw in many cases???