Overdales Solicitors - Claim Form Question

[VENOMEXUK]

Hi all,

Could I please ask a quick question?

I have received a claim form from Overdales Solicitors on behalf of Lowell,

To be honest I have no real clue what the two debts they are trying to claim for are,

I have had a look at the forum (Very helpful!!) and followed some advice which seemed to be applicable in my case:

1) Acknowledged the service online today
2) Borrowed and amended (thank you) (and about to send) a CCA letter to Overdales
3) Borrowed and amended the CP31.14 template to send to Overdales - with this one, under "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence onxx/xx/xxxx." - is this the date 28 days + 5 from Date served (Arrived today)?
4) About to borrow and amend the SAR to send to Lowell

I have also spoken on the phone to Overdales, who have placed my account "on hold" (yeah right) and also actioning the SAR - I am still going to send the letter to Lowell anyway. They are apparently going to write to me. Also they admitted they have no Credit Agreements on file?

Have I missed anything?

Thanks in advance

[echat11]

Hi VENOMEXUK

When were the accounts opened?

That's correct, you can only request the documents in their Particular of claim.

Make sure you get Proof of Postage. Acknowledgement of service gives you an extra 14 days.

It might be an idea to send them a SAR too.

Don't lose track of the date your Defence has to be lodged.

[MIKE770]

Hi VENOMEXUK

When were the accounts opened?

That's correct, you can only request the documents in their Particular of claim.

Make sure you get Proof of Postage. Acknowledgement of service gives you an extra 14 days.

It might be an idea to send them a SAR too. Subject Access Request Letter

Don't lose track of the date your Defence has to be lodged.

CPR 31.14 Request no charge get proof posting to solicitors

[echat11]

Don't speak to Overdales over the phone, communicate in writing as they have filed a claim against you.

[VENOMEXUK]

Thanks Everyone!

ECHAT11 - To be honest no idea, and the claim form does not have a start date. If I guess it would be 2017/18 but cant find anything for Capital One for that period of time - Yep keeping everything now with them "on paper" and no calls - Date of service is today so I "think" the Defence has to be submitted by 14th March (28 days + 5?) so will aim to get this completed by 10th March just in case of hiccups. (reminder on phone already!!)

MIKE770 - Yep have one of those ready to go to send to Overdales (Going to get proof of postage for everything!) - they Have only put "Agreements" and Assignment on the claim for as docs they are using so going to request both of those. Also they do not mention when a Default notice was issued (Not sure if that is good/bad)

Thanks again both of you for your help!

[VENOMEXUK]

Ok bit of an update: Overdales has sent the Notices of Assignment however they have stated that are awaiting further documents from Lowell, which will be forwarded on Receipt. To be honest still do not recognize the cards but looks like it was assigned in 2019. Date to put the defence is in about a weeks time, if they do not provide the documents how do I proceed with the defence statement or is it as "simple" as They have not supplied the proof? thanks again for all your help with this

[MIKE770]

simple:- on such a date request for CCA??? or CPR made to date nothing received, look around the site many cases have your answers

[VENOMEXUK]

simple:- on such a date request for CCA??? or CPR made to date nothing received, look around the site many cases have your answers

Thanks! Will have a look

[VENOMEXUK]

Ok just writing my defence at the moment - couple of questions....the court docs do not mentions when the account was assigned, they have now sent over the Notice of Assignment, is it "safe" to remove this from the statement? Also: As they are combining two accounts into one claim, do I need to mention both account numbers or is "capital one" good enough for original claimant?

Thanks again for your help

[VENOMEXUK]

Copy of Defence...
In the Northampton County Court Business Centre
Claim No:
LOWELL PORTFOLIO 1 LTD
Claimant
And
*******
Defendant
DEFENCE
1.The Defendant received the claim ********** from the Northampton County Court on 9^th February 2022
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4.It is admitted that the Defendant has previously entered into an agreement with Capital One 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 state when the agreement was entered into

7.The Claimants statement of case does not state that the account was assigned from Capital One (Europe) to Lowell Portfolio 1. The Defendant does not recall receiving notice of this assignment prior to the claim being raise.

8.It is denied that Capital One 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.

9.On the 22/02/2022 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

10.Overdales Solicitors has only sent the Notice of assignments for each account.

11.On the 22/02/2022 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio 1 LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

14.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.
15.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.

16.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.

17.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signed ________________________________
Dated ________________________________

[MIKE770]

cross out claim number

[VENOMEXUK]

cross out claim number

Done - Just noticed as I pressed "post" so edited it out - Does this look ok?

[echat11]

Done - Just noticed as I pressed "post" so edited it out - Does this look ok?

It's still there, just go in and edit it.

[VENOMEXUK]

It's still there, just go in and edit it.

Gah! Missed one - ok think I have taken them both out now.....

[echat11]

Just subtle changes, I've removed 13 because you haven't asked for an extension to the deadline have you?


DEFENCE
1.The Defendant received the claim XXXXXXXXXX from the Northampton County Court on 9^th February 2022

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

3.This claim appears to be for 2 x Credit Card agreements regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreements with Capital One 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 state when the agreement was entered into.

7.The Claimants statement of case does not state that the account was assigned from Capital One (Europe) to Lowell Portfolio 1.
The Defendant does not recall receiving notice of this assignment prior to the claim being raise.

8.It is denied that Capital One served any Default notices on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notices was served upon the Defendant. The Claimant is required to prove that the any Default notices 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.

9.On the 22/02/2022 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreements and Notice of Assignments.

10.Overdales Solicitors has only sent the Notice of assignments for each account.

11.On the 22/02/2022 The Defendant sent a formal request for a copy of the original agreements to Lowell Portfolio 1 LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.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.

14.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.

15.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.

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

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________
Dated ________________________________