Claim form from Overdales via Lowell

[Droosie]

Hello, I hope you can help me.

I’ve received a claim form from Overdales for old debts …from 2015/2016.

These debts were taken on and later I fell behind on as I lost my job. I started just paying priority debts and ignoring anything non priority to get by. I’m not proud of this but it’s the way it had to be at that time.

Over the past three years I’ve heard nothing about these debts and while life is easier personally, it isn’t much easier financially.

I’ve had a letter before claiming but foolishly believed the debts were too old. Every days a school day eh? I now know better!

I got the claim form on Saturday and it’s thrown everything up in the air, even when I do my budget on Lowell’s own website it shows I have nothing left with which to pay.

Inknow I am now on a limited time to respond.

I know if I defend it and lose then legal fees will be added on/

There are four separate creditors and Lowell have lumped them all together to make one bigger claim…although the original creditors are listed. Lowell have had the accounts since around 2018/2019 by the looks of it.

I don’t have any information about when I last made payment to any of them and am not sure how I find this out. I’d rather avoid a CCJ if I can, I don’t usually apply for any credit but my credit score is now excellent.

Would it be so bad to offer around £10 a month towards the debts. I have no idea if any are statute barred but all are in default as that’s what it says on my ClearScore app. I’ve tried to get my actual credit fil from Experien to see if there’s info there but they couldn’t verify my details, probably because I can never remember dates I opened bank accounts etc,

Any advice?

[MIKE770]

last payment dates and last time actually contacted or acknowledge any debts ?

[Droosie]

last payment dates and last time actually contacted or acknowledge any debts ?

I would say 2017 at the latest but I honestly don’t know. Is there a way of finding out? Would it be with Lowell or the original creditors?

[Droosie]

Hello, I am going to respond to the claim today following the advice I’ve read in this site.

Am I right in thinking that at this stage I fully defend the claim until I have more information from the solicitors?

Will the legal costs go up massively because I am defending it?

[echat11]

Hello, I am going to respond to the claim today following the advice I’ve read in this site.

Am I right in thinking that at this stage I fully defend the claim until I have more information from the solicitors?

Will the legal costs go up massively because I am defending it?

Hopefully you can get it resolved before it reaches a hearing, remember you might get the opportunity to mediate before the hearing. So costs shouldn't go up much.

Firstly fill in the following, copy and paste the information back onto this thread :

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:

[echat11]

Then do the following:


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 (postal).

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send Overdales a CCA 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.

Some of the accounts might be service contracts i.e. telecoms, utility etc, in that case the CCA request doesn't apply, but you can still request a copy of the contract.

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 accounts.
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

[Droosie]

Received a claim? Yes/No: YES
Issue Date: 30/05/22
Have you Acknowledged the Claim?: NOT YET BUT WILL DO TODAY
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) 1500
Claimant’s Name: LOWELL
Solicitors Firm: OVERDALES
Original Creditor: HUTCHINSON 3G, LUMA
Original Debt (eg. Credit card/Loan/Overdraft) : PHONE CONTRACT AND CREDIT CARD
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): HUTCHINSON 3G £300
HUTCHINSON 3G £300, HUTCHINSON 3G €650, LUMA £300
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I THINK IT MAY BE BUT AM UNSURE.
List any letters you have sent (eg: CCA/ CPR ): NONE AS YET
Any Other Information or Background Details:

One of the debts may be a mobile phone taken out fraudulently in my name but I won’t know until I see paperwork. The person was staying with me at the time, this person is now deceased.
the others I am pretty sure are mine.
I had a period of time out of work due to family crisis and had to focus on priority stuff like rent and council tax.
I have heard nothing for years and this claim has come out of the blue. I did have a notice/intention letter a few weeks back but stupidly ignored it as I thought the debts were too old! I now know better.

Am anxious as financially it is very tight and going to get worse as we are about to lose all child related benefits. I work and get UC as a top up. My husband gets Carers Allowance because he cares for our disabled son.

I just don’t know what (if anything) I can offer financially towards this,

[Droosie]

Claim acknowledged online me said I wish to defend it.

doesn’t give me a date so I guess 28 days from 30th May. I’ll now send the other letters and try not to panic too much.

[echat11]

Claim acknowledged online me said I wish to defend it.

doesn’t give me a date so I guess 28 days from 30th May. I’ll now send the other letters and try not to panic too much.

Firstly try to clam down, you have some control of this now.

It's 28 days, plus 5 days (postal) from the date on the claim form.

There is an example defence which you can amend, but lets see what they send.

You need to do the stuff in post 6, but remember the CCA request is only valid for the Luma account.
For the 3 Hutchinson accounts, just ask for the contract / agreement in a different letter.

[Droosie]

Hello all,

I sent all the letters suggested and to date I have had no response.

The 28 days plus 5 postage days ends on 4th July.

What happens if I haven’t had information back by the time the court case is due?

does this mean they can’t make any judgement until I have had the information I need for my defence?

Also I saw someone mention above a “diary” where do I find this?

[echat11]

a) I sent all the letters suggested and to date I have had no response.

Good, no response is not a problem, because that scenerio will be reflected in your defence.

b) The 28 days plus 5 postage days ends on 4th July.

Still time for a response, again it will be reflected in your defence.

c) What happens if I haven’t had information back by the time the court case is due?

There are steps inbetween you filing your defence and any potential hearing.

d) does this mean they can’t make any judgement until I have had the information I need for my defence?

That's correct, providing you follow the CPR protocols, essentially keep on top of the case, etc keep to the Court deadlines etc.

e) Also I saw someone mention above a “diary” where do I find this?

If you have a smart phone you will have a diary in it, 'Make sure you get your defence in on time, so 28 days from the date of the claim letter, note it in your diary'

Below is an example defence, amend it to suit your case, it gives options, choose the correct options to reflect your case. A copy needs to be sent to the Court, this can be done online, through MCOL. A copy needs to be sent to the Creditor's solicitors, make sure you get Proof of Postage. If you are unsure ask.

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

[Droosie]

a) I sent all the letters suggested and to date I have had no response.

Good, no response is not a problem, because that scenerio will be reflected in your defence.

b) The 28 days plus 5 postage days ends on 4th July.

Still time for a response, again it will be reflected in your defence.

c) What happens if I haven’t had information back by the time the court case is due?

There are steps inbetween you filing your defence and any potential hearing.

d) does this mean they can’t make any judgement until I have had the information I need for my defence?

That's correct, providing you follow the CPR protocols, essentially keep on top of the case, etc keep to the Court deadlines etc.

e) Also I saw someone mention above a “diary” where do I find this?

If you have a smart phone you will have a diary in it, 'Make sure you get your defence in on time, so 28 days from the date of the claim letter, note it in your diary'

Below is an example defence, amend it to suit your case, it gives options, choose the correct options to reflect your case. A copy needs to be sent to the Court, this can be done online, through MCOL. A copy needs to be sent to the Creditor's solicitors, make sure you get Proof of Postage. If you are unsure ask.

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

by getting the defence in on time does that mean the response? I am so confused. I’ve said I want to defend it. I’ve sent all the letters and am waiting for responses. 28 days from the claim letter is Tuesday. Plus 5 days for postage takes it to 4th July.

Or have I totally misunderstood it all?

Do I need to be sending anything to the court?

[echat11]

Yes you are confusing yourself.

a) 'by getting the defence in on time does that mean the response?

Yes, but you haven't filed the Defence with the Court or sent a copy to the Creditors Solicitors.

b) I am so confused. I’ve said I want to defend it.

That's fine, that is exactly what you are going to do.

c) I’ve sent all the letters and am waiting for responses. 28 days from the claim letter is Tuesday. Plus 5 days for postage takes it to 4th July.

The letters sent help with your Defence, they should help you get more information regards the Creditors claim. The 28 days plus 5 days, gives you the date that your Defence has to be lodged with Court and the Creditors solicitors.

d) Or have I totally misunderstood it all?

I think you are a bit confused. The 28 days plus 5 days is when you Defence needs to be sent. The letters you sent have different response times.

f) Do I need to be sending anything to the court?'

Below is an example defence, amend it to suit your case, it gives options, choose the correct options to reflect your case. A copy needs to be sent to the Court, this can be done online, through MCOL. A copy needs to be sent to the Creditor's solicitors, make sure you get Proof of Postage. If you are unsure ask. You have 28 days, plus 5 days from the date on the claim, so that gives the 4th July, but try to get it in within the 28 days.

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

[Droosie]

Good afternoon so I have had the following from Overdales today.


Lowell (original creditors Three Mobile) Account taken out 30/10/2015. Last payment 29/12/2016
Lowell (Three Mobile ) taken out 17/03/2016. Last payment 10/08/2016
lowell ( Capital One) 25/11/2016 and last payment 27/08/2017
Lowell (Three Mobile) 19/07/2015 and last payment 12/02/2018.

The final one was taken out for my Mum and it’s her that’s defaulted but I wasn’t aware of that. I won’t be telling her as she has enough issues at the moment caring for my Dad with dementia. The other three are mine and fit in with the time I had to stop work and was only paying the essentials . Like I said, I am not proud of that but it’s how it had to be at the time.

So given the above…..what is best advice?

Total comes to about £1600 and paying it is not an option. Things are better (I am back in work) but we still rely on UC as a top up and my husband gets carers allowance as our son is autistic.

[echat11]

Good afternoon so I have had the following from Overdales today.


Lowell (original creditors Three Mobile) Account taken out 30/10/2015. Last payment 29/12/2016
Lowell (Three Mobile ) taken out 17/03/2016. Last payment 10/08/2016
lowell ( Capital One) 25/11/2016 and last payment 27/08/2017
Lowell (Three Mobile) 19/07/2015 and last payment 12/02/2018.

The final one was taken out for my Mum and it’s her that’s defaulted but I wasn’t aware of that. I won’t be telling her as she has enough issues at the moment caring for my Dad with dementia. The other three are mine and fit in with the time I had to stop work and was only paying the essentials . Like I said, I am not proud of that but it’s how it had to be at the time.

So given the above…..what is best advice?

Total comes to about £1600 and paying it is not an option. Things are better (I am back in work) but we still rely on UC as a top up and my husband gets carers allowance as our son is autistic.

We aren't here to judge people, we just try to help / advise.
So what exactly have you received from Overdales, a letter with that information?
Did you get actual copies of agreements? Terms and Conditions?
Did you get copies of default notices?
Did you get copies of Letter of Assignment?