Overdales Solicitors CLAIM FORM (Northampton Court)

[Dottylotty]

This is the same process I went through with Overdales/Lowell, I agreed to Mediation and then a month later they withdrew the case and closed the accounts.

[Finaldj]

Thanks Dotty see how this goes.

echat11

In relation to the SAR request sent to Lowell, I received a 318 page document which contains information from both cataluges from purchases made from start to end, copies of min payments I was making and a load of other documents relating to the account and copies of stuff already sent from overdales.

Included on the pack was the now found contract I signed up with Littlewoods. Before hand they had sent me one that was blank so the only thing they had was a copy of the Very one but it seems now they have sent me both.

So at the moment it looks like they have both signed contracts (digitally) and (notice of assignments) for both accounts, or what looks like notice of assignments

The only thing missing is the default notices for both accounts which they said they would go back to the original creditor and get them.

I also got a copy of the N180 form last week due in by the 14 March which I will get that sent off next week and try Mediation.

Looks likely at the moment I'm on a losing track with this one.

[echat11]

When were both accounts opened? Update the thread once you get the default notices. You need to go though the agreements, assignment letter and default notice with a fine tooth comb.

[Finaldj]

I can't remember when they were opened 2007 and 2011 I think, I would need to look at the paper work. They've sent this paper work with a load of others claiming them to be the notice of Assignment. I posted this up on another forum before I found this one asking for debt help and they have said it's definitely not a notice of assignment it doesn't even say it.

Can you have a look at the upload and let me know 2nd opinion would be great.

It's been suggested that when I fill out the N180 form that I should tell the mediator that mediation wont work because they haven't supplied the correct paper work relating to the CCA request. e.g notice of assignment letters for both accounts and the default notices are still missing. See what the mediator says I guess. I'm done talking with the DCA they just keep sending me round in cirlcles

[MIKE770]

Mediation ask got paperwork to mediate. If not they send back to court usually

[echat11]

I can't remember when they were opened 2007 and 2011 I think, I would need to look at the paper work. They've sent this paper work with a load of others claiming them to be the notice of Assignment. I posted this up on another forum before I found this one asking for debt help and they have said it's definitely not a notice of assignment it doesn't even say it.

Can you have a look at the upload and let me know 2nd opinion would be great.

It's been suggested that when I fill out the N180 form that I should tell the mediator that mediation wont work because they haven't supplied the correct paper work relating to the CCA request. e.g notice of assignment letters for both accounts and the default notices are still missing. See what the mediator says I guess. I'm done talking with the DCA they just keep sending me round in cirlcles

The uploaded letter states that Lowell's has bought the debt, that's sufficient, it won't say Notice of Assignment on it.

You would have got a similar letter from Shop Direct saying they have sold the debt.

[Finaldj]

The uploaded letter states that Lowell's has bought the debt, that's sufficient, it won't say Notice of Assignment on it.

You would have got a similar letter from Shop Direct saying they have sold the debt.

So I have been posting on another forum long before I found this place for debt advice as this wasn't my own debts I have at least another 7. Some couldn't get the information needed so have been quiet for about 2 years now and the rest are still sending letters or emails.

So the other forum I asked about the notice of assignment and I got 2 replies one said no it isn't one as it doesn't say that it is and the other reply says "it is one but very loosely"

So it's a little confusing as to what I should argue about if I end up in court I might not have a case if they have the correct paper work. They haven't been able to get hold of the default notices yet it's been 4 weeks since they last wrote to me saying they were going back to the original creditor to get them.

Another thing I wanted to ask. The email you provided to send off the defence instead of writing to them. Can I send the N180 form that way as well?

They want to conduct the court hearing by telephone to avoid costs so will opt for the same and my local court 2nd if that breaks down for some reason.

[echat11]

a) So it's a little confusing as to what I should argue about if I end up in court I might not have a case if they have the correct paper work. They haven't been able to get hold of the default notices yet it's been 4 weeks since they last wrote to me saying they were going back to the original creditor to get them.

I don't believe there is a prescribed format for a 'Letter of Assignment'. although it has to contain certain details -

https://www.legislation.gov.uk/ukpga...20/section/136

b) Another thing I wanted to ask. The email you provided to send off the defence instead of writing to them. Can I send the N180 form that way as well?

Yes, fill it in carefully, don't forget to say yes to mediation, providing you've received all the documents.

c) They want to conduct the court hearing by telephone to avoid costs so will opt for the same and my local court 2nd if that breaks down for some reason.

That's good.

[Finaldj]

They haven't sent me the default notice's yet for both accounts and the form needs to be back with the court by close of business 14th march so do I still opt for mediation as the latest I have to send the form off is probably friday recorded

[MIKE770]

yes mediation they will ask if you have the necessary documents to mediate you say No if correct they will say no mediation and send case back to court is the usual happening

[Finaldj]

I sent the paperwork recorded delivery first class signed for on Friday morning. It does state 1-2 business days but aim to deliver next day. tracking shows it was handed to the post office and will update again once delivered. Assuming it will get there Monday, I paid online for postage so have proof anyway that I sent it Friday. If for some reason it doesn't get delivered on Monday which the cut off date is 14th March. Will it be worth calling the court to let them know not sure what they do in this instance? They may accept it if I email them a copy?

[echat11]

I sent the paperwork recorded delivery first class signed for on Friday morning. It does state 1-2 business days but aim to deliver next day. tracking shows it was handed to the post office and will update again once delivered. Assuming it will get there Monday, I paid online for postage so have proof anyway that I sent it Friday. If for some reason it doesn't get delivered on Monday which the cut off date is 14th March. Will it be worth calling the court to let them know not sure what they do in this instance? They may accept it if I email them a copy?

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

[Finaldj]

echat11

Just wanted to update this.

I got a letter from the Mediation service about 2 weeks ago for a date set for Mediation 27/4/22 I did contact them via email from the letter with some new dates that I could do around my shift rota.

I got an automated response back asking me to call them if dates need changing or to cancel the appointment.

Today and Friday next week are my only days off next week so I called the Mediation service and spoke to a nice women on the phone.

I explained that question 2 on the form tells me that (I need all the information at hand to do mediation so if the other party hasn't provided all the information without having to go back to them then Mediation can't go ahead)

I explained that they hadn't provided all the information related to the CCA request only half of it and was supposed to be going back to the original creditor to get the default notice's for the 2 accounts which I got in writing from them this was about 3 or 4 months ago and one of the contracts they sent me from one of the accounts is blank where there should be things like APR, the amount of credit and my signiture.

She agreed that we would need this information to mediate so would refer that matter back to the courts.

Did I do the right thing. What happens next?

[MIKE770]

Courts move next see what they send next

[echat11]

echat11

Just wanted to update this.

I got a letter from the Mediation service about 2 weeks ago for a date set for Mediation 27/4/22 I did contact them via email from the letter with some new dates that I could do around my shift rota.

I got an automated response back asking me to call them if dates need changing or to cancel the appointment.

Today and Friday next week are my only days off next week so I called the Mediation service and spoke to a nice women on the phone.

I explained that question 2 on the form tells me that (I need all the information at hand to do mediation so if the other party hasn't provided all the information without having to go back to them then Mediation can't go ahead)

I explained that they hadn't provided all the information related to the CCA request only half of it and was supposed to be going back to the original creditor to get the default notice's for the 2 accounts which I got in writing from them this was about 3 or 4 months ago and one of the contracts they sent me from one of the accounts is blank where there should be things like APR, the amount of credit and my signiture.

She agreed that we would need this information to mediate so would refer that matter back to the courts.

Did I do the right thing. What happens next?

Yes, that's the right thing to do, hopefully the Court will tell them 'to step it up' regards the requested documentation, it's up to the solicitors / creditor how they proceed. Depending on how they proceed, 'mediation' is still an option. I don't know how they will proceed.

Make sure you follow up with Court, as to what's happening, if you don't hear anything. Don't lose track of the case / claim.