County Court Claim - Overdales

[Evie007]

Thank you for this - very helpful. I am composing my witness statement now and will post up once completed. I need to I this by end of day on Monday.

it’s very difficult when they bundle debts together like in my case. I have told Overdales during the mediation that I would look to settle the New Account however they weren’t interested. I don’t think I’ve got a great defence on that account - would it go in my favour to offer a settlement before the court hearing in November?

Many thanks once again for your help…I feel some comfort knowing someone is in my corner!!

[Evie007]

Typo on above post - I would look to settle the New Day account (not new account)!!

[echat11]

Thank you for this - very helpful. I am composing my witness statement now and will post up once completed. I need to I this by end of day on Monday.

it’s very difficult when they bundle debts together like in my case. I have told Overdales during the mediation that I would look to settle the New Account however they weren’t interested. I don’t think I’ve got a great defence on that account - would it go in my favour to offer a settlement before the court hearing in November?

Many thanks once again for your help…I feel some comfort knowing someone is in my corner!!

You can continue to make 'offers' to settle the New Day Account, but write 'Without Prejudice' on the letters to them and keep copies.

The court claim amount is incorrect because of the JD Williams and Sky accounts, tell them.

[Evie007]

Hi again,

I have now drafted my witness statement which I will post below (I have taken my personal details out). I still have to attach copies of and refer to my exhibits in this case so I will amend the statement after you take a look.

1.On the 28 February 2022 I received a Letter Before Claim regarding three accounts –

1. New Day Limited
2. JD Williams & Company Limited
3. SKY UK Limited.

On the 28 February I sent a request to the Claimant and his solicitors for formal sight of the Credit Agreements, Statements and Default Notices relating to the above accounts.
2. On the 8 March 2022, the Claimants Solicitors wrote back to me confirming that they had requested a copy of these documents from New Day Limited and JD Williams & Company Limited and that a response would be sent to me upon receipt. They further confirmed that they would not be able to obtain a copy of the Agreement from sky as it does not arise under the CCA 1974. The Claimants Solicitors stated that the terms and conditions of the SKY account would have been ‘provided in writing inside the box containing the mobile device and/or SIM card, under a seal.’ I found this strange since I have never had a mobile phone from SKY.
3. On the 6^th April 2022 I received a County Court Claim Form.
4. On the 8^th April 2022 I emailed the Claimant’s solicitors acknowledging their response of 8^th March and asked again for further details of the accounts in question. I also raised a complaint with the Claimant’s Solicitors that a County Court Claim had now been issued and that legal action should have been stayed until such time that they were able to provide me with the documentation that I had requested.
5. On the 15 April 2022, I wrote to both the Claimant and his Solicitors formally requesting sight of Agreements for New Day Limited and J D Williams Limited in order that I may file my defence. I also stated in my letter that the JD Williams account is subject to a Financial Ombudsman investigation and that this investigation pre-dated the commencement of legal action.
6. On the 18 April 2022 I emailed the Claimants solicitor again to ask for any Agreement referencing the terms and conditions for the SKY UK account, and a full breakdown/statement of account, including any Default Notice relating to the alleged debt. I informed them that I have never entered into any agreement with SKY UK Limited for a mobile phone.
7. On the 5^th May 2022, I received an email response to my complaint of 8^th April 2022. My complaint was upheld by the Claimant’s Solicitor.
8. On 18^th May 2022 I emailed the Claimant’s solicitors informing them that I had evidence that no monies were due on the alleged SKY UK account. I also reminded them that they were aware of the ongoing JD Williams investigation by the Financial Ombudsman. Further, I again stated my disappointment that they had not followed pre-action protocol before actioning a County Court claim.
9. On 22^nd June 2022, I emailed a voice call log of a conversation I had with SKY UK limited to the Claimant’s solicitor. During the conversation I had with SKY UK, the Customer Representative searched their records and confirmed no balance was due on the account. The Claimant’s solicitors have maintained on several occasions that they are unable to open the voice log attachment, despite me being able to do so on several different devices.
10. Also on the 22^nd June 2022, I emailed screenshot evidence that my JD Williams account was with FOS. I reiterated that it had been with FOS far before any legal action commenced.
11. I agreed to participate in mediation via The Small Claims Mediation Service, and on the 28^th July 2022 at 15:00 I took a call from Akeela Amijee who was the mediator in this case. I told the mediator that I agreed to negotiate settlement on the New Day Limited account but that because the JD Williams account was still under investigation by the Financial Ombudsman I was not in a position to comment further on that. The Mediator then spoke to the Claimant’s solicitors who were unwilling to discuss anything at all.

IN RESPONSE TO THE CLAIMANTS NOTES REGARDING DEFAULT NOTICES:
In relation to JD Williams (Assignor 2). A copy of a Default Notice has not been provided to me. In the Claimant’s Solicitor’s Witness Statement, they have attached a screenshot of a computerised ledger. They have stated that there is an entry for a Default Notice thereon. On inspection I can note that there are in fact two entries on there for a ‘Default Letter’. The first on 27/01/2016 and the second on 18/10/2016. This does not mean that a Default Notice was issued. This could have been a standard issue letter indicating a Default could be forthcoming should the account not be brought up to date.
No Default Notice has been received by me in relation to SKY UK Limited.

IN RESPONSE TO THE CLAIMANTS STATEMENT OF CASE:
The Claimant has submitted that I am in breach of CPR Rule 16.5.2(a) as they state that I have not provided a reason for denying the claims, simply contested it’s legality.
I strongly refute this as being the case. As shown above, in my witness statement, I have engaged throughout this process.

1. New Day Limited (Assignor 1) – Upon receiving the Letter Before Claim:

1. I requested CCA 1974 information, including a copy of the Agreement, Default Notice and Statement of account. This information was not received before a County Court Summons was issued.
2. Once this information had been provided by the Claimant’s Solicitor I offered to settle this account during Mediation on 28^th July 2022 with Akeela Amijee of the Small Claims Mediation Service. The Claimant’s solicitors were not willing to engage.

1. JD Williams & Company Limited (Assignor 2) – Upon receiving the Letter Before Claim:

1. I requested CCA 1974 information, including a copy of the Agreement, Default Notice and Statement of Account. This information was not received before a County Court Summons was issued. A reconstituted Agreement has subsequently been sent to me. No Default Notice has been provided (only a computerised screenshot of a ledger).
2. I informed the Claimant and his Solicitor that the account was subject to an investigation by the Financial Ombudsman which pre-dated the legal action. As such I requested any legal action be put on hold until such time as the investigation had been completed. The Claimant’s Solicitor continued with legal action.
3. I have been informed by Louisa Butler of the Financial Services Team at JD Williams that they had also been in contact with the Claimant throughout the Financial Ombudsman investigation. The Claimant would have been aware of this fact from May 2021.
4. During Mediation on 28^th July 2022, I explained to the Mediator that I would be unable to comment on the JD Williams account until the outcome of the FOS investigation. She would have relayed this information to the Claimant’s solicitor.

1. SKY UK Limited (Assignor 3) – Upon receiving the Letter before Claim:

1. I requested CCA 1974 information, including a copy of the Agreement, Default Notice and a statement of account.
2. I have repeatedly requested further information because I have had numerous accounts with Sky in the past and simply cannot recall having an outstanding balance due. The Claimant’s Solicitor indicated to me in their letter of 8 March 2022 that the terms and conditions would have been provided ‘in writing inside the box containing the mobile device and/or SIM card under the seal. I can confirm that I have never had any contract for a mobile device or SIM. Then, on the 23^rd May 2022 the Claimant’s Solicitors wrote to me stating that the purported SKY balance was for a ‘DTV SKY+/HD PPV Channel’. Again, I have never had a ‘Pay Per View’ subscription with Sky.
3. The Claimant’s Solicitors have only been able to provide a statement which shows a CREDIT balance and not for the sum that they are claiming.

1. In the Claimant’s Solicitor’s Witness Statement (point 54) they claim to have complied with my document and evidence request. This is not correct, as outlined above.
2. The Claimant’s Solicitor states in their Witness Statement (point 58) that I have been ‘unreasonable under CPR 27.14(2)(g) in that I have

1. Failed to respond to the Claimant’s pre-action communications and/or raise any dispute.
2. Unreasonably refused to participate in settlement attempts or provide corroborative evidence.

In response to the points at 5(a) - This statement is inaccurate because I responded immediately to the Claimant’s pre-action communications and also informed them of the FOS involvement in relation to JD Williams (Assignor 2).
In response to the points at 5(b) – This statement is inaccurate because I actively engaged myself in the mediation between us during the Mediation Call on 28^th July 2022. I offered to negotiate a settlement on the New Day account (Assignor 1). It was the Claimant’s Solicitor themselves who were unwilling to participate.

STATEMENT OF TRUTH
I believe that the facts stated in this witness statement 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.

[Evie007]

Sorry, forgot to ask - Overdales have also asked for costs of £240. Will this be automatically allowed? Can I put in my statement that I don’t think they should be allowed to claim costs due to not following pre action protocol, not engaging in mediation?

[Evie007]

I also have a query about settlement.

Is there any point in offering a settlement proposal for one of the accounts at this stage? The hearing date is less than 21 days away.

The three accounts are bundled into one claim, so surely there is no incentive for the claimant to accept a settlement offer for just one of the accounts?

Apologies for the questions - my head is spinning at the minute!!

[MIKE770]

echat11

[Evie007]

I’m hoping to finalise my witness statement very soon as it has to be in at the court by 4pm Monday (and I am working Monday!)

If anyone could just run their eye over it in case I have made any glaring errors - that would be amazing

[echat11]

Removed point 11 and all references to mediation. The Court would ignore them, so no point in including them. Mediation is a separate 'entity' to the 'Court Proceedings'.


I have now drafted my witness statement which I will post below (I have taken my personal details out). I still have to attach copies of and refer to my exhibits in this case so I will amend the statement after you take a look.

1.On the 28 February 2022 I received a Letter Before Claim regarding three accounts.

1. New Day Limited
2. JD Williams & Company Limited
3. SKY UK Limited.

On the 28 February I sent a request to the Claimant and their solicitors for formal sight of the Credit Agreements, Agreements, Statements and Default Notices relating to the above accounts.

2. On the 8 March 2022, the Claimants Solicitors wrote back to me confirming that they had requested a copy of these documents from New Day Limited, JD Williams & Company Limited and that a response would be sent to me upon receipt. They further confirmed that they would not be able to obtain a copy of the Agreement from sky as it does not arise under the CCA 1974. The Claimants Solicitors stated that the terms and conditions of the SKY account would have been provided in writing inside the box containing the mobile device and/or SIM card, under a seal. This is incorrect because I have never had a mobile phone from SKY.
3. On the 6^th April 2022 I received a County Court Claim Form.
4. On the 8^th April 2022 I emailed the Claimants solicitors acknowledging their response of 8^th March 2022 and asked again for further details of the accounts in question. I also raised a complaint with the Claimants Solicitors that a County Court Claim had now been issued and that legal action should have been stayed until such time that they were able to provide me with the documentation that I had requested.

5. On the 15 April 2022, I wrote to both the Claimant and their Solicitors formally requesting sight of Agreements for New Day Limited and J D Williams Limited in order that I may file my defence. I also stated in my letter that the JD Williams account is subject to a Financial Ombudsman investigation and that this investigation pre-dated (XX/XX/XX DATE) the commencement of legal action (06/04/22).

6. On the 18 April 2022 I emailed the Claimants solicitor again to ask for any Agreement referencing the terms and conditions for the SKY UK account, and a full breakdown/statement of account, including any Default Notice relating to the alleged debt. I informed them that I have never entered into any agreement with SKY UK Limited for a mobile phone.

7. On the 5^th May 2022, I received an email response to my complaint of 8^th April 2022. My complaint was upheld by the Claimants Solicitor.

8. On 18^th May 2022 I emailed the Claimants solicitors informing them that I had evidence that no monies were due on the alleged SKY UK account. I also reminded them that they were aware of the ongoing JD Williams investigation by the Financial Ombudsman. Further, I again stated my disappointment that they had not followed pre-action protocol before actioning a County Court claim.

9. On 22^nd June 2022, I emailed a voice call log of a conversation I had with SKY UK limited to the Claimants solicitor. During the conversation I had with SKY UK, the Customer Representative searched their records and confirmed no balance was due on the account. The Claimants solicitors have maintained on several occasions that they are unable to open the voice log attachment, despite me being able to do so on several different devices.

10. Also on the 22^nd June 2022, I emailed a screenshot evidence that my JD Williams account was with FOS. I reiterated that it had been with FOS long before any legal action commenced.

IN RESPONSE TO THE CLAIMANTS NOTES REGARDING DEFAULT NOTICES:
In relation to JD Williams (Assignor 2). A copy of a Default Notice has not been provided to me. In the Claimants Solicitors Witness Statement, they have attached a screenshot of a computerised ledger. They have stated that there is an entry for a Default Notice thereon. On inspection I can note that there are in fact two entries on there for a Default Letter. The first on 27/01/2016 and the second on 18/10/2016. This does not mean that a Default Notice was issued. This could have been a standard issue letter indicating a Default could be forthcoming should the account not be brought up to date.

No Default Notice has been received by me in relation to SKY UK Limited.

IN RESPONSE TO THE CLAIMANTS STATEMENT OF CASE:
The Claimant has submitted that I am in breach of CPR Rule 16.5.2(a) as they state that I have not provided a reason for denying the claims, simply contested it’s legality.

I strongly refute this as being the case. As shown above, in my witness statement, I have engaged throughout this process.

1. New Day Limited (Assignor 1) Upon receiving the Letter Before Claim:

1. I requested CCA 1974 information, including a copy of the Agreement, Default Notice and Statement of account. This information was not received before a County Court Summons was issued.
2. Once this information had been provided by the Claimants Solicitor I offered to settle this account.

1. JD Williams & Company Limited (Assignor 2) Upon receiving the Letter Before Claim:

1. I requested CCA 1974 information, including a copy of the Agreement, Default Notice and Statement of Account. This information was not received before a County Court Summons was issued. A reconstituted Agreement has subsequently been sent to me. No Default Notice has been provided (only a computerised screenshot of a ledger).
2. I informed the Claimant and his Solicitor that the account was subject to an investigation by the Financial Ombudsman which pre-dated the legal action. As such I requested any legal action be put on hold until such time as the investigation had been completed. The Claimants Solicitor continued with legal action.
3. I have been informed by Louisa Butler of the Financial Services Team at JD Williams that they had also been in contact with the Claimant throughout the Financial Ombudsman investigation. The Claimant would have been aware of this fact from May 2021.

1. SKY UK Limited (Assignor 3) Upon receiving the Letter before Claim:

1. I requested CCA 1974 information, including a copy of the Agreement, Default Notice and a statement of account.
2. I have repeatedly requested further information because I have had numerous accounts with Sky in the past and simply cannot recall having an outstanding balance due. The Claimants Solicitor indicated to me in their letter of 8 March 2022 that the terms and conditions would have been provided in writing inside the box containing the mobile device and/or SIM card under the seal. I can confirm that I have never had any contract for a mobile device or SIM. Then, on the 23^rd May 2022 the Claimants Solicitors wrote to me stating that the purported SKY balance was for a DTV SKY+/HD PPV Channel. Again, I have never had a Pay Per View subscription with Sky.
3. The Claimants Solicitors have only been able to provide a statement which shows a CREDIT balance and not for the sum that they are claiming.

D.

1. In the Claimants Solicitors Witness Statement (point 54) they claim to have complied with my document and evidence request. This is not correct, as outlined above.
2. The Claimant’s Solicitor states in their Witness Statement (point 58) that I have been unreasonable under CPR 27.14(2)(g) in that I have

1. Failed to respond to the Claimants pre-action communications and/or raise any dispute.
2. Unreasonably refused to participate in settlement attempts or provide corroborative evidence.

In response to the points at 5(a) - This statement is inaccurate because I responded immediately to the Claimants pre-action communications and also informed them of the FOS involvement in relation to JD Williams (Assignor 2).

In response to the points at 5(b) - This statement is inaccurate because I actively engaged with the Creditor and their solicitors. I offered to negotiate a settlement on the New Day account (Assignor 1). It was the Claimants Solicitor themselves who were unwilling to negotiate.

STATEMENT OF TRUTH
I believe that the facts stated in this witness statement 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]

Sorry, forgot to ask - Overdales have also asked for costs of £240. Will this be automatically allowed? Can I put in my statement that I don’t think they should be allowed to claim costs due to not following pre action protocol, not engaging in mediation?

No, but have a summary ready, that you can send to the Court and their solicitors, with points where they haven't followed Pre-action protocols, etc. That is the best way of disputing costs.

Head the summary, In relation to costs.

[echat11]

'I also have a query about settlement.

Is there any point in offering a settlement proposal for one of the accounts at this stage? The hearing date is less than 21 days away.

The three accounts are bundled into one claim, so surely there is no incentive for the claimant to accept a settlement offer for just one of the accounts?

Apologies for the questions - my head is spinning at the minute!!'

Answered previously, yes, you can show that your willing to make payment for what you believe you owe.

But mark offers 'Without Prejudice'.

[Evie007]

Thank you. I have dropped off my statement to the court and emailed and sent Overdales the same.

I didn’t have enough time to add about the costs. Is it too late now or can I add a supplement to my witness statement? I have a week before the actual hearing.

with regards to the settlement on one on the accounts - would the judge know about the offer I make or is this something I can say on the day? The amount claimed is £740 - what is a good starting offer?

[Evie007]

Hi again,
I’ve had a little read about settlement offers - what does the phrase ‘without prejudice save as to costs’ mean? Overdales have applied for £250 to cover their advocate’s costs - Will I have to pay that?

[Evie007]

Good evening once again!

I’ve had a flick through the claimant’s hearing bundle again.

I noticed a couple of things.

on the JD Williams account - they have enclosed a copy of the agreement - which they say was signed electronically - but there is nothing in the signature box and it is not dated. Does this matter? I would have thought that such documents should be dated in the very least?

secondly, there is no default notice for Sky - they say because it is not regulated by the CCA then they don’t need one. (And I’ve never had one sent because I don’t even recall this debt).

Lastly - I am sorry for needing additional clarification - is there any benefit to me whatsoever in offering a settlement before next weeks hearing on JUST the New Day account? Surely if it is sent without prejudice then the judge would not know therefore I wouldn’t get any credit for it if the claimant refuses? Plus, because they have bundled 3 accounts into one claim, they wouldn’t withdraw court action?

I don’t know how the settlement process works and I’d like to be absolutely sure I get things right.

Also, what if they judge finds in my favour on the JD Williams and Sky accounts but not the New Day account? I’m confident on the first two but not as much in the New Day (although the claimants didn’t follow pre action protocol, this may benefit me) Would I still get a CCJ?

Thanking you very much for all your much valued advice.

[echat11]

Thank you. I have dropped off my statement to the court and emailed and sent Overdales the same.

I didn’t have enough time to add about the costs. Is it too late now or can I add a supplement to my witness statement? I have a week before the actual hearing.

with regards to the settlement on one on the accounts - would the judge know about the offer I make or is this something I can say on the day? The amount claimed is £740 - what is a good starting offer?

a) I didn't have enough time to add about the costs. Is it too late now or can I add a supplement to my witness statement? I have a week before the actual hearing.

You can state it to the Judge, no doubt the other site will seek costs. Have what you want to say written down.

b) with regards to the settlement on one on the accounts - would the judge know about the offer I make or is this something I can say on the day? The amount claimed is £740 - what is a good starting offer?

The Judge won't know about the offers, if the letters are marked 'Without Prejudice'.