County Court Claim - Overdales

[echat11]

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?

If the offers are 'marked 'Without Prejudice' they can't be used against you against your case by the other side.

[echat11]

a) 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?

There should be a date on the agreement to state when it was agreed too.

b) 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).

They should have sent you something to tell you your account is in default and what you can do to rectify the breach.

c) 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.

It's up to you, if you want to make a 'Without Prejudice' offer to settle the account. The offers won't influence matters regards the Court claim and the Judges view on you.

d) 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?

The CCJ is another Court process and nothing to do with where you are in the current process.

[Evie007]

Fab, thank you.

just a further update -

I emailed my WS to Overdales on Sunday and sent a hard copy via courier. The courier has contacted me to say they can’t find the address for delivery.

I phoned Overdales to confirm their address as the one in the headed payment states a P.O. Box number in Bradford however after being transferred three times I have been told that their address in in Leeds.

talk about making life difficult.

I now have to redirect my WS to this new address which means it won’t get there till Friday (hearing is next Tuesday) and I’m mindful that parties should have received their copy no later than 7 days before hearing date. Presumably the email I sent would suffice as complying with this though.

[echat11]

Fab, thank you.

just a further update -

I emailed my WS to Overdales on Sunday and sent a hard copy via courier. The courier has contacted me to say they can’t find the address for delivery.

I phoned Overdales to confirm their address as the one in the headed payment states a P.O. Box number in Bradford however after being transferred three times I have been told that their address in in Leeds.

talk about making life difficult.

I now have to redirect my WS to this new address which means it won’t get there till Friday (hearing is next Tuesday) and I’m mindful that parties should have received their copy no later than 7 days before hearing date. Presumably the email I sent would suffice as complying with this though.

Get the email address for Overdales, Leeds. Email it to them. Have you emailed the Court a copy?

[Evie007]

Luckily I emailed the paralegal directly with my file last Sunday. I hand delivered a hard copy to the court before the cut off date of Monday 24th October.

[Evie007]

echat11

Good evening,

I have read through my witness statement in readiness for Tuesdays hearing as I am working tomorrow and Monday. I have just another couple of queries.

Regarding JD Williams - Overdales have not provided me with a copy of a default notice, just a screenshot of a computerised ledger with a load of numbers on an an entry that says ‘Default Letter’. Is this acceptable proof or can this debt be proven to be unenforceable without a copy of the actual default notice?

My second question - I think I am going to email a settlement offer in the sun if £750 one off payment. Am I better to head this as without prejudice or without prejudice save as to costs?

Finally, as you know this case concerns three different accounts. If the judge rules in my favour for one or two of the accounts and Overdales one, then would I still have to pay their costs?

thank you once again…

[echat11]

a) Regarding JD Williams - Overdales have not provided me with a copy of a default notice, just a screenshot of a computerised ledger with a load of numbers on an an entry that says ‘Default Letter’. Is this acceptable proof or can this debt be proven to be unenforceable without a copy of the actual default notice?

They should provide a copy of the actual 'Default Notice', but some Judges / Courts has accepted that because there is a record of it on the system / screenshot. It's been sent to the debtor. But look at the other strengths in the JD Williams as well as the 'Default Notice'.

b) My second question - I think I am going to email a settlement offer in the sun if £750 one off payment. Am I better to head this as without prejudice or without prejudice save as to costs?

The latter would be good.

c) Finally, as you know this case concerns three different accounts. If the judge rules in my favour for one or two of the accounts and Overdales one, then would I still have to pay their costs?

Remember you are disputing the costs as their claimed amount on their claim form is incorrect because they shouldn't have made a claim for the JD Williams sum because that was already with the FOS and reiterate that JD Williams confirmed that in the email they sent you. State that Overdales has gone AWOL on the JD Williams and don't seem to be representing Overdales in that regard.

[Evie007]

Good Evening!

An update - I emailed Overdales a settlement today and after a little negotiation we settled at £950.

Although it would have been interesting to see what the judge made of the claim I am relieved it’s over.

I presume I now have to contact the court to say the matter is not progressing to a hearing? How do I do this?

In my settlement email I have asked Overdales to adjust my credit file accordingly so hopefully they will do that asap.

Heartfelt thanks to you Echat for all your help and guidance which has been invaluable. I could not have navigated my way through this without you.

[echat11]

Good Evening!

An update - I emailed Overdales a settlement today and after a little negotiation we settled at £950.

Although it would have been interesting to see what the judge made of the claim I am relieved it’s over.

I presume I now have to contact the court to say the matter is not progressing to a hearing? How do I do this?

In my settlement email I have asked Overdales to adjust my credit file accordingly so hopefully they will do that asap.

Heartfelt thanks to you Echat for all your help and guidance which has been invaluable. I could not have navigated my way through this without you.

Well done on getting it resolved.

Overdales has to seek permission from the Court to discontinue their claim, but you should get confirmation from the Court and Overdales. But check with the Court that it's happened.

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