Overdales/Lowells New county court case

[simondocle]

I have received a letter from County court for a claim, I have done the defend claim thing online and just would like a simple help with that I do next as it’s quite confusing reading all the different threads and my mind is blown.

also, I am not really disputing the claim, I just cannot afford to pay this amount in full, in disputing the case is it a chance that I can win and not have to pay or is this just a way of getting a good settlement offer?

Received a claim? Yes

Issue Date: 03/02/2022

Have you Acknowledged the Claim?: yes- (defend all claim on moneyclaim.gov as recommended on here

Total Amount Claimed : £4000 approx

Claimant’s Name: Lowell portfolio

Solicitors Firm: Overdales

Original Creditor: RBS and 3 mobile

Original Debt (eg. Credit card/Loan/Overdraft): current account/mobile contract

Particulars of Claim: the claim compromises the following agreements the defendant entered into- Hutchinson 3G
And Royal bank of Scotland.
The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

Is the debt Statute Barred : I have not although the default dates on the debts which I have checked on my Experian account show default dates of July 2016 and October 2016 but I’m pretty sure it’s been longer than that since I had any form of contact.

List any letters you have sent (eg: CCA/ CPR ): I have not sent any letters yet, I have just defended the claim and now would like some help in what I do next!

Any Other Information or Background Details:

[simondocle]

Just to add to this, the RBS debt is for an unarranged overdraft so maybe a credit agreement won’t excist as it was Unarranged debt (does this affect matters?)

should I still send the letter asking for details of the debt?

bloody can’t sleep worrying now!

is it worth contacting Lowell and asking about a payment plan? I was hoping I would get to 6 years from the default date and these debts would drop off as I’m hoping to get a mortgage in the next year or two so a CCJ would not be good now. They are only months Away from Being 6 years from the default date without any contact about them

[MIKE770]

Subject Access Request Letter

no charge to RBS get proof of posting keep copy of all on file

CPR 31.14 Request requesting only what they refer to om the court form get proof of posting

[MIKE770]

echat11 may have advice

[MIKE770]

need to find default date (Fact) also where do you live? scotland or england/wales. many DCAs are knowing statute barred in months and try a last chance to get you to pay up their illgotton possible gains. but they need all their ducks in order to actually get judgment.

[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 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/

c) Send Lowell's a SAR for each account, 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.

[simondocle]

need to find default date (Fact) also where do you live? scotland or england/wales. many DCAs are knowing statute barred in months and try a last chance to get you to pay up their illgotton possible gains. but they need all their ducks in order to actually get judgment.

I live in England, Will the SAR request get me the exact default date? On my credit file it shows as October 2016 as my default date on the RBS account.

Thanks for your help

[MIKE770]

should show a default date so not until October this year!

[simondocle]

Hi, do I send a SAR request to 3 mobile aswel?

[echat11]

Hi, do I send a SAR request to 3 mobile aswel?

Yes, make sure you get Proof of Postage.