County Court Claim - Overdales

[Evie007]

Good Morning.

I thought I'd give you an update...... its not much of one because I've received absolutely zero response from Overdales regarding my CPR or SAR requests. These were sent by recorded delivery on 19th April and gave 7 days for their response. I did also send these requests to Lowell but nothing from them either.

I also emailed them on 18th April requesting a copy of the terms and conditions of my Sky UK Agreement, as well as a breakdown/statement of account and default notice pertaining to the account. (I know this does not fall under the CCA rules but they should at least provide something? As mentioned before, Sky have told me on the phone that they do not have an outstanding balance.) I have also done a SAR to Sky although unfortunately I received a letter from them yesterday saying I need to fill out a form which they have sent and provide ID before they will send me what they have. I have done this today and will post later.

I made a complaint to Overdales, which they acknowledged by email on 13th April. Their complaints policy states that a response would be given within 30 days so still waiting on that.

So.... my question is this:

What happens now?

With regards to the JD Williams account which is now with the Financial Ombudsman....I have sent all documents to the FOS and they have prioritised my case. I am hopeful this doesnt take long and that it puts a halt on legal proceedings to give me some breathing space.

I will need to fill out a defence soon.... seems silly because I just dont know what to write. Should I reference the JD Williams account being with FOS?

In my letters to Lowells and Overdales I have stipulated that the JD Williams account is being looked at by FOS.

As always, many thanks to you wonderful people that are kindly guiding me through this awful process... I feel so grateful.

[echat11]

Good Morning.

I thought I'd give you an update...... its not much of one because I've received absolutely zero response from Overdales regarding my CPR or SAR requests. These were sent by recorded delivery on 19th April and gave 7 days for their response. I did also send these requests to Lowell but nothing from them either.

I also emailed them on 18th April requesting a copy of the terms and conditions of my Sky UK Agreement, as well as a breakdown/statement of account and default notice pertaining to the account. (I know this does not fall under the CCA rules but they should at least provide something? As mentioned before, Sky have told me on the phone that they do not have an outstanding balance.) I have also done a SAR to Sky although unfortunately I received a letter from them yesterday saying I need to fill out a form which they have sent and provide ID before they will send me what they have. I have done this today and will post later.

I made a complaint to Overdales, which they acknowledged by email on 13th April. Their complaints policy states that a response would be given within 30 days so still waiting on that.

So.... my question is this:

What happens now?

With regards to the JD Williams account which is now with the Financial Ombudsman....I have sent all documents to the FOS and they have prioritised my case. I am hopeful this doesnt take long and that it puts a halt on legal proceedings to give me some breathing space.

I will need to fill out a defence soon.... seems silly because I just dont know what to write. Should I reference the JD Williams account being with FOS?

In my letters to Lowells and Overdales I have stipulated that the JD Williams account is being looked at by FOS.

As always, many thanks to you wonderful people that are kindly guiding me through this awful process... I feel so grateful.

a) I have also done a SAR to Sky although unfortunately I received a letter from them yesterday saying I need to fill out a form which they have sent and provide ID before they will send me what they have. I have done this today and will post later.

You don't need to fill in Sky's SAR form, but Sky probably don't know that. But that's done now -

b)With regards to the JD Williams account which is now with the Financial Ombudsman....I have sent all documents to the FOS and they have prioritised my case. I am hopeful this doesnt take long and that it puts a halt on legal proceedings to give me some breathing space.

Hopefully it won't be long, but you can't control that.

c)I will need to fill out a defence soon.... seems silly because I just dont know what to write. Should I reference the JD Williams account being with FOS?

Use the example defence and then we can take a look.

d)In my letters to Lowells and Overdales I have stipulated that the JD Williams account is being looked at by FOS.

That's good, so it's what they decide to do.

[Evie007]

Good morning…

ive still not received anything at all from Overdales or Lowell. I am going to have to put my defence in and will be doing that today. As a point of interest, my court claim was dated 6 April, I’ve completed the AOS online so does that give me 28 days from then or do I get the + 5 days from 6th April then the 28 days?

thanks very much.

[MIKE770]

check dates

[echat11]

Good morning…

ive still not received anything at all from Overdales or Lowell. I am going to have to put my defence in and will be doing that today. As a point of interest, my court claim was dated 6 April, I’ve completed the AOS online so does that give me 28 days from then or do I get the + 5 days from 6th April then the 28 days?

thanks very much.

So that's 5 days from today, but don't leave it until last minute. Do the Defence, leave it for a few ours, return, read again, you spot any errors.

[MIKE770]

submit 48hrs before so as to not get it trashed by otherside, by sending it in too early.

[Evie007]

Ok---Defence time!

I have put together the following although am struggling somewhat with what to write with the JD Williams (its with FOS) and Sky as Sky have verbally told me there is no debt! Am I actually acknowledging the J D Williams debt as clearly there is an amount due but it is with FOS (who are currently investigating and have agreed to prioritise my complaint).

Do I need to mention that I have verbally been told by SKY they have no outstanding balance for me?

Should I note that after receiving the initial letter of claim from Overdales I sent a CCA request to them and that they wrote back saying they did not have the information but had requested the same from Lowells. I thought they would put a stay on further action until they had the documents in hand. (I emailed a complaint to Overdales in this respect on 8 April which has been acknowledged on 13 April stating a written response would be forwarded within 4 weeks although nothing received to date).

I feel I have not put everything in my defence and something is missing? Could you advise?

1.The Defendant received the claim XXXXXX on 6 April 2022.

2. The Claimants Statement of Case fails to give adequate information to enable me to properly assess my position regarding the claim.

3. The Claimants Statement of Case does not state that the accounts were assigned to Lowell - the Defendant does not recall receiving Notice of Assignment prior to this claim being raised.

4. On the 28 February 2022 the Defendant sent a request under the Consumer Credit Act 1974 (sections 77-79) to receive documents referred to in the Claimants Statement of Case. The Claimant has not provided these.

5. On 15 April 2022 the Defendant sent a formal request for inspection of documents mentioned in the Claimants Statement of Case under CPR 31.14 to the Claimant. The Claimant has failed to provide this information.

6. On the 15 April 2022 the Defendant again notified the Claimant that the JD Williams Account (referred to as 1b in the Claimant's Statement of Case is subject to a complaint currently being investigated by the Financial Ombudsman which they should have been aware of by the Original Creditor. A complaint was logged with the Financial Ombudsman that pre-dates the commencement of legal action. The Claimant has failed to respond.


7. On the 18 April 2022 the Defendant emailed the Claimant for further information in relation to the SKY UK Ltd account - including a copy of any Terms and Conditions, a full breakdown of the account and default notice. The Claimant has not provided this information.

Once I have had your feedback I will make any amendments and post up the final copy before submitting online. Thanking you again for all your help. I thoroughly appreciate it.

[Evie007]

Just an additional question - I am submitting my defence online. I have to specify am I defending in full or part admission?

Im hoping to get the defence done asap as I am working tomorrow and the days are ticking down on the timeframe. Would anybody kindly have the chance to look my at my defence above - I'm sure more needs to be added.

Thank you.

[echat11]

Check the bits in 'bold', if they are incorrect remove. Make sure you read it several times,if they are incorrect remove.

You still haven't provided the requested information.

DEFENCE

1.The Defendant received the claim XXXXXXXXX from the Northampton County Court on XXXXXXXXX.

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

3.This claim is for 1 x Credit Card, 1 x Catalogue Account and 1x service agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into agreements with New Day Ltd, JD Williams and Sky UK Ltd for provision of credit and services.

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 accounts were assigned to Lowell - the Defendant does not recall receiving Notice of Assignment prior to this claim being raised.

8.It is denied that New Day Ltd and JD Williams 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 15 April 2022 the Defendant sent a formal request for inspection of documents mentioned in the Claimants Statement of Case under CPR 31.14 to the Claimant. The Claimant has failed to provide this information.

10.On the 28 February 2022 the Defendant sent a request under the Consumer Credit Act 1974 section 78 to receive documents referred to in the Claimants Statement of Case. The Claimant has not provided these.

11.On the 15 April 2022 the Defendant again notified the Claimant that the JD Williams Account (referred to as 1b in the Claimant's Statement of Case is subject to a complaint currently being investigated by the Financial Ombudsman which they should have been aware of by the Original Creditor. A complaint was logged with the Financial Ombudsman that pre-dates the commencement of legal action. The Claimant has failed to respond.

12. On the 18 April 2022 the Defendant emailed the Claimant for further information in relation to the SKY UK Ltd account - including a copy of any Terms and Conditions, a full breakdown of the account and default notice. The Claimant has not provided this information.

13.On the XXXXXXXX The Defendant sent a formal request for a copy of the original agreement to New Day Ltd and JD Williams ant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

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

15.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.

16.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.

17.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.

18.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.

[echat11]

Just an additional question - I am submitting my defence online. I have to specify am I defending in full or part admission?

Im hoping to get the defence done asap as I am working tomorrow and the days are ticking down on the timeframe. Would anybody kindly have the chance to look my at my defence above - I'm sure more needs to be added.

Thank you.

Defending all.

[Evie007]

Thanks for the help with my defence. I shall get on to amending mine. Please also see below the exact details on the claim form - apologies, I should have provided this earlier. Having looked at the POC again, I see they are going for interest and costs. I was surprised to see costs but reading about them as I have, it comes as no surprise.


Received a claim? Yes
Issue date: 6 April 2022
Have you acknowledged the claim? Yes
Total Amount Claimed - £2500
Claimants Name - Lowell Portfolio 1 Ltd
Solicitors Firm - Overdales
Original creditors - NewDay, JD Williams and Sky Uk Ltd
Original Debt - Store Card, Catalogue and Sky (not sure if its for broadband, Sky Tv etc)
Particulars of claim: 1)The claim comprises the following Agreements the Defendant entered in to:
a) NewDay Ltd with reference XXXXXX and current balance of xxxxx
b) JD Williams & Company Ltd with reference XXXXX and current balance of XXXXX
c) SKY UK Ltd with reference XXXXX and current balance of XXXX

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.
And the Claimant claims:

a) The total of the sums being XXX
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8 percent per annum from the date of assignment to the date of issue, but limited to one year ,being £168.15
c) Costs

[echat11]

point 3 and 6 has been amended in post 24.

[Evie007]

Thank you Echat, so my final defence will read as above with point 3 amended and point 6 removed since the Agreement dates were specified in the POC.

Sorry to be pedantic but for absolute clarity - am I including point 14 - it is written in bold - I'm not sure why?

Once I hear back from you about the above points, I will go online and submit my defence.

[echat11]

Thank you Echat, so my final defence will read as above with point 3 amended and point 6 removed since the Agreement dates were specified in the POC.

Sorry to be pedantic but for absolute clarity - am I including point 14 - it is written in bold - I'm not sure why?

Once I hear back from you about the above points, I will go online and submit my defence.

a) so my final defence will read as above with point 3 amended and point 6 removed since the Agreement dates were specified in the POC.

Post 24 is your defence, with point 3 and 6 included. In post 26, the dates haven't been included in thier POC.

b) Sorry to be pedantic but for absolute clarity - am I including point 14 - it is written in bold - I'm not sure why?

Yes you are included point 14.

c) Once I hear back from you about the above points, I will go online and submit my defence.

It's fine (filing a defence on line has a character limitation of 1080 characters).

[Evie007]

OMG…perhaps it’s only me that has difficulties with things ….I typed the whole thing out online and for some reason I was timed out and had to type it all out again. I didn’t find it easy doing this online whatsoever.

STILL, It’s done snd submitted. Is that all I have to do for now? I’ve read on another thread that something was emailed to the Claimant and the CCBC? May be I’ve got that wrong but if you could let me know what happens next I would be much obliged.

Honestly Echat and Mike, you’ve helped me beyond words….let this battle commence