Overdales headache and claim form

[Cdavis3565]

Hi everyone, this is my first post please excuse any mistakes.

I received a random PAP out of the blue from overdales. They have outlined 3 alleged debts on this pap all separate companies, I can't recall any of these debts. Ovo electricity
Capital one
Hutchinson 3G

I replied to the pap via recorded Delivery, I stated I did not know whether I owe the debt, that I would be looking for advice over the debt but this isn't possible until i received the requested information surrounding the debt.
I requested the original signed consumer agreements / contracts for each of the debts, a full statement of accounts for each debt with explanation how the figure was achieved, any payments made to the debts etc etc I also requested the default notices and notices of assignments for each of the debts .

This was posted via recorded signed for delivery, it was received the very next day.

I heard nothing until today when I received the court paperwork.
I called overdales they claim to have not received my pap.

I'm unsure how to proceed with this, I was of the understanding they couldn't bundle the debts together as that's effectively debt consolidation and I haven't agreed to that.
Any and all advice is greatly appreciated, I do have a little experience dealing with Lowell etc but that was years ago

The icing on the cake, our landlord is selling and I'm having to find a new home for me and the family and really could do without a ccj as this will make it just about impossible to rent anywhere.
Thanks everyone

[echat11]

Hi CD

Try to stay calm.

Firstly they have filed a Court Claim, so it needs to be Defended (even if they haven't followed PAP, you have evidence it was sent and received).

Fill in the following:

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

You need to do the following (remember these service agreements aren't covered by the CCA 1974, so you need to amend the templates accordingly)

a) What you need to do is Acknowledge Service 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 request for each account, they have 14 days to provide you with a copy of your original agreements.
Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

c) Send Overdales a CPR 31.14 Request, they have 12 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/

d) Send Lowell's a SAR for the accounts, 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 the date of the claim letter, note it in your diary.

Raise a Formal Complaint with Overdales in writing, they ignored PAP, follow their complaints procedure -

https://www.overdales.com/complaints/

[Evie007]

Hi, I have had a similar experience with Overdales. I received a Letter before Action (they lumped three debts together)..I sent a formal CCA request of which they acknowledged stating they didn’t have that information but would send it in due course snd then a week later I got a County Court claim through the post.

[echat11]

Hi, I have had a similar experience with Overdales. I received a Letter before Action (they lumped three debts together)..I sent a formal CCA request of which they acknowledged stating they didn’t have that information but would send it in due course snd then a week later I got a County Court claim through the post.

If you start your own thread, then we can help.

[Cdavis3565]

Hi thanks for your reply, sorry I haven't replied until now I didn't g get a notification anyone had replied to me, I have acknowledged service online and that's as far as I have got, I will get all the recommended sent off tomorrow first class recorded. When y say fill in the following.... Where should I fill that in? I'm a little confused. Overdales have simply stated very brief overviews if these debts with the account number the total and there fees on top and that's pretty much all the info I have from them.
again thanks for replying.

[echat11]

a) I haven't replied until now I didn't g get a notification anyone had replied to me,

It's important to keep an eye on this thread.

b)I have acknowledged service online and that's as far as I have got,

That's good that gives you 28 days from the date that's on the claim form.

c) I will get all the recommended sent off tomorrow first class recorded.

Excellent.

d) When y say fill in the following.... Where should I fill that in? I'm a little confused.

Copy and paste it into word, then fill in, then copy that onto this thread.

e) Overdales have simply stated very brief overviews if these debts with the account number the total and there fees on top and that's pretty much all the info I have from them.

The SAR will get you a lot more info.

When were the accounts opened?

[Cdavis3565]

The capital one is years and the other two are approximately 3 years old I don't have the exact dates to hand at the moment however I will make sure the details needed are posted up. I will be on to this first thing. I have to fight this I can't afford a ccj it will effect my ability to rent new property once my current landlord sells

[Cdavis3565]

echat11

Received a claim? Yes/No: YES
Issue Date:08/04/2022
Have you Acknowledged the Claim?: YES
Total Amount Claimed : 2100
Claimant’s Name: Lowell portfolio
Solicitors Firm: Overdales solicitors
Original Creditor: OVO energy, Capital One & Hutchinson 3g
Original Debt (electricity supply, Credit card & telecoms contract :

Particulars of Claim: 1, the claim comprises of the following agreements the defendant entered into:
A, OVO (s) Electricity limited with reference 6684xxxxx and current balance of £573.03
B, CAPITAL ONE (EUROPE) PLC with reference 5460xxxxxxxxxxxx and current balance of £1422.86
C, Hutchinson 3G UK Limited with reference 9819xxxxxx and current balance of £118.04
The agreements were terminated as payments were not maintained and subsequently assigned to the claimant .
And the current claims
A, the total of the said sums being £2113.93
B, interest pursuant to s69 county courts ACT 1984 at the rate 8% per annum from the date of assignment to the date of issue, but limited to one year, being £165.47
C, costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):NO

List any letters you have sent (eg: CCA/ CPR ):sent CCA AND CPR to Overdales and SAR to lowell

Any Other Information or Background Details:
They appear to have bundled these together on one claim form, I did reply to the pap requesting all the required proofs/ documents etc but the simply ignored it.
Prior to receiving the pap I had not received anything indicating these debts, no notice of assignments or anything, a total bolt from the blue as I cannot even recall any of these debts or holding accounts with the companies

[echat11]

Lets see what they send. Don't lose track of the date your defence needs to be submitted.

Post updates of what they have sent, note any anomalies in the actual documents they send.

[Cdavis3565]

So, it's been a few weeks now, deadline for defence is in the next couple days, they haven't sent me anything other than an acknowledgement of complaint.
no paperwork at all regarding these alleged debts nothing.

So where does this leave me with the defence?

[MIKE770]

Just state on such a date request for xxxx no response then submit

[echat11]

So, it's been a few weeks now, deadline for defence is in the next couple days, they haven't sent me anything other than an acknowledgement of complaint.
no paperwork at all regarding these alleged debts nothing.

So where does this leave me with the defence?

The following is an example Defence, the example Defence for agreements regulated by the Consumer Credit Act 1974. Some of your agreements aren't regulated by the CCA 1974, so you will need to amend them to reflect the OVO Energy and Hutchinson 3g debts.

A copy of your defence is sent to the Court and a copy can be sent to Overdales. Make sure you get Proof of Postage.

If you do it, then post it up without personal details, then we can take a look.

https://legalbeagles.info/library/gu...-court-claims/