Overdales Solicitors CLAIM FORM (Northampton Court)

[Finaldj]

echat11

Hi, been a while since I updated this...here is where I am at the moment with this, looks like it's going to court I got my (N157) form from the court on Saturday for a court date 28th September and for the DCA to pay the court fees by the 14th.

As per the letter I need to send my documentation to the other party and the courts I plan to use 21 days before the hearing which I will do next week. most of it is in order the rest I need to work through.

My defence is basically the section 78 documents they sent they haven't supplied all the paperwork as per the request despite a few letters saying they have even though I have shown them proof a few times what is missing.

2 catalogues Very and Littlewoods. The CCA request they sent me has Very with a signed digital contract and credit amounts, APR amounts etc what looks like a notice of assignment but doesn't say it's that (I've been told to not make assumptions it is or isn't and let the judge decide on that) because it doesn't say it is one. it was also missing the default notices.

Littlewoods - they sent me the same contract as Very as its the same company but it's a blank contract, has all the technical stuff written on it but no credit amounts, no APR amounts and no signiture its all blank where things should be written as if it's been edited, again the same notice of assignment that doesn't say that and no default notice.

They did write to me while it was in the early stages of starting court proceedings that they would write to the original creditor and get the default notices for the 2 accounts but these never appeared.

So here we are didn't think they would attempt court but it looks like we are going. Not sure how my evidence will stand but it's worth a try.

How is this likely to go in court if a lose is the judge likley to offer a payment plan?

[echat11]

The Court will only ask you to pay what you can afford, if it's £1 a month, so be it. You'll need to fill in a Income and expenditure form (you need to build in the cost of living crisis).

It's not a priority debt.

Here's a template / examples of Witness Statement, acopy gets sent to the Court and a copy gets sent to the Creditors solicitor, You need to make sure you
get Proof of Postage.

https://legalbeagles.info/forums/for...ness-statement

[Finaldj]

I've sent documents off to both parties Court and Overdales before the date they needed to be sent. Should I get something back from Overdales as well prior to court?

[echat11]

I've sent documents off to both parties Court and Overdales before the date they needed to be sent. Should I get something back from Overdales as well prior to court?

The following examples where you are (point 16) in the Court process, read the point after 16, so you can see what to expect -

https://www.advicenow.org.uk/guides/...im-civil-court

[Finaldj]

Update...

Overdales sent me their court documents today.

So for over a year I have been asking them to comply with the Section 78 request to send me the documentation that it requires. They have only been sending me part documents.

just to RE Cap - they sent me 2 contracts for 2 catalogues, one had everything a contract should have, the other had all the contract information (T&C) but was blank where it should have name and address, APR, credit amount and signitures. they also sent me 2 what looked like but didn't say notice of assignments. No default notices.

After over a year of going backwards and forwards asking for the correct info to be sent to me the insisted they had done and kept sending me repeat copies of what I already had.

Today they sent their court documents to me what they will use on the 28th September.

among their defence statement and some screen shots, they have sent/using as evidence. Copies of statements of items bought from the original creditor, a copy of payments when I was using stepchange debt charity to make payments then stopped to take the debt on my own.

Copies of the, credit agreements both of them so the one that was blank suddenly has all the correct information, the notice of assignments and copies of the default notices

So they have a lot of info again me now, they also liked to point out that I stated or never denied I owed the debt. Which I didn't all I asked them was for them to supply me the information relating to the section 78 and they haven't complied with this as I wanted them to show proof of ownership of the debt and that they had the correct information relating to this.

I also stated that we couldn't mediation because documentation was missing as per the section 78.

So I'm annoyed now that we are going to court and will probably owe this debt anyway but with an additional £1000 on it because they haven't sent the correct information at the time of asking and allowed it to go to court.

What is my best approach on this?

[atticus]

Consider making a settlement offer. I am sure that the claimant will be prepared to do a deal to save the time/expense/hassle of a hearing. The question is of finding a figure acceptable on each side.

[Finaldj]

I wish I had the funds to do that it's over £5600, my best bet is to turn up in court not doubt a CCJ coming my way and ask the Judge for a payment plan. I still need to defend myself because they didn't send the correct paper work to me, we could have avoided court altogether.

[echat11]

I wish I had the funds to do that it's over £5600, my best bet is to turn up in court not doubt a CCJ coming my way and ask the Judge for a payment plan. I still need to defend myself because they didn't send the correct paper work to me, we could have avoided court altogether.

a) Go through thoroughly what they have sent you (it's very odd, all of a sudden they found the docs, they could be 'rehashed' but not the genuine article.

b) When were the accounts opened?

c) If the APR has changed since the account was opened, then that's something that can be raised, As they should have provided documents with the latest APR, which is likely to have changed since the account was opened.

[Finaldj]

Been in court today, Overdales had hired a P Legal to work on their behalf. He tried to broker a deal before heading off into court saying that I had admitted I owed the debt so it was a pretty clear cut case for them.

I told him I hadn't admitted to owing the debt and I would offer him to present that evidance to the judge when we go in and even if I did owe the debt and that is what the judge decided I would ask for a payment plan in any event. I said I am here today to present that fact you haven't produced all the information to a section 78 time and time again this is a seperate subject as to debt ownership.

I refused to engage with him at this point.

Once in court the judge asked me if I had a copy of the pre trial bundle and I said yes.

She asked the claimant if he had his from me and he said no I didn't know he's done one Overdales hadn't given it to me.

She gave her hers to him and adjurned for 10 minutes and he moaned and moaned about how my bundle was a mess and he didn't understand any of it I had to go over and explain it to him saying well it's done out the same way you've done your bundle minus all the legal jargon.

The judge asked for proof of postage but I couldn't show it at the time but said that it wouldn't be a problem to get if the court asked for it.

Eventually he said that Overdales had asked for more time so that he could review the my trail bundle and the judge granted this for a hearing another time. He also admitted that after talking to Overdales over the phone during the adjurnment that had found the document. She said it was probably sat on a desk with a load of others forgotten about it happens

I asked for it to be dealt with today and that it wasn't my fault Overdales hadn't prepared themselves which I had pointed out in my pack the lack of communication from Overdales the reasons we ended up in court. Showing the judge why it should be thrown out of court but she said it wouldn't be fair and need to hear both sides of the story.

She said it will probably be after Christmas before a new hearing now.

So nothing has changed really just dragging it out a few more months

[echat11]

Gives you time to work on your case, nail things down. Update a month before 'Hearing'.

[Finaldj]

Gives you time to work on your case, nail things down. Update a month before 'Hearing'.

I asked the judge if there would need to be anymore documentation submitted to the court once the claiment had looked at my court bundle as their defence position might change and I would need to react to that. She said no all that is happening now is giving them time to look through my files but nothing has changed in terms of the documentation already submitted to the court this is the documents that stand as of now.

To be fair there is nothig else they could add anyway and nothing more for me to say in any event as I'm not there to argue ownership of the debt but to argue my defence that they haven't complied with the Section 78.

[echat11]

I asked the judge if there would need to be anymore documentation submitted to the court once the claiment had looked at my court bundle as their defence position might change and I would need to react to that. She said no all that is happening now is giving them time to look through my files but nothing has changed in terms of the documentation already submitted to the court this is the documents that stand as of now.

To be fair there is nothig else they could add anyway and nothing more for me to say in any event as I'm not there to argue ownership of the debt but to argue my defence that they haven't complied with the Section 78.

O.K., I doubt they have provided the correct agreements in any case,

'If the APR has changed since the account was opened, then that's something that can be raised, As they should have provided documents with the latest APR, which is likely to have changed since the account was opened.'

[Finaldj]

I just wanted to update this as it's been a while since I last posted on here. I ended up back in court just before Christmas and ended up getting the court changed last minute due to lack of judges or some nonsense. I ended up having to travel 30 miles to the next court they set for the next day. The judge hadn't had my defence file sent to him from the courts local to me so asked if he could look at mine. He flicked through the pages and handed it back. He focused the whole case on the Default notices. Basically they had green screen shots from the original creditor that looked like they had been taken from a mobile phone.

The judged decided that even though the claiment hadn't provided the original DN documents or couldn't obtain them he decided the green screen shots were enough evidence taking into account the address on file was correct that I would have been sent them at the time payment failed and decided the case was closed at that point and awarded claiment the full costs.

Bit naff to be honest I spent hours/days putting that defence file together for the just to just go well I don't have a copy so meh whatever.

I've since setup a £30 a month payment plan to pay them back

[echat11]

The Court administration clearly weren't on the ball, the Judge wasn't either, 'Basically they had green screen shots from the original creditor that looked like they had been taken from a mobile phone'. That's not great, but at least you got some resolution.