Claim form from Overdales via Lowell

[Droosie]

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?

It is just a letter with the information. They say they have asked for the original agreements. No copies of default notices or letters of assignment as yet,

[echat11]

It is just a letter with the information. They say they have asked for the original agreements. No copies of default notices or letters of assignment as yet,

O.K., start to prepare your Defence, Once done, remove all personal details then copy and paste on this thread.

[Droosie]

Hello all,


okay, I “think” I have completed this correctly but feel free to point out mistakes as I am definitely NOT a “legal beagle” although I do now know where to send my clients who are struggling with these issues.

Pasted below is my defence. Ignore numbering s o will go through and correct all that but the gist of it is as follows.


In the [Northampton County Court Business Centre]

Claim No:


Claimant Lowell Portfolio Ltd

And


Defendant

DEFENCE

1.The Defendant received the claim ******* from the NorthamptonCounty Court on 5th June 2022

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

3.This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

It also lists:

Hutchinson 3G accounts: Three Mobile and I am informed that the original creditor is not required to retain a copy of the agreement.

4.It is admitted that the Defendant had entered into an agreement with Capital One for provision of credit.

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 states the agreement was entered into on 26/11/2015



8.The Claimants statement of case does not tell me when the notice of assignment to Lowell was made. The Defendant does not recall receiving notice of this assignment to Lowell

9.It is denied that Capital One 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.

10.On the 7th June 2022, The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11 Overdales has not sent any of these documents to the Defendant although they confirm these have been requested from Lowell.

12. On the 7th June 2022, The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / 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][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands 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.
Signed ________________________________

Dated ________________________________

[echat11]

Can you post the Particulars of Claim from the claim form? Remove personal details. Need that info to check point 6 / 8.


1.The Defendant received the claim XXXXXXXX from the Northampton County Court on 5th June 2022.

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

3.This claim is for a 3 X mobile service agreements (Hutchinson 3G) and 1 x credit card agreement (Capital One) regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant had entered into agreements with Hutchinson 3G (x3) and Capital One (x1) for provision of credit.

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 does not state the date the agreements were entered into.

7.The Claimants statement of case states that the account was assigned from Hutchinson 3G and Capital One to Lowell, but does not give any dates when the accounts were assigned. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Capital One 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 the 7th June 2022, The Defendant sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Overdales. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10 Overdales has not sent any of these documents to the Defendant although they confirm these have been requested from Lowell.

11. On the 7th June 2022, The Defendant sent a formal request for a copy of the original agreement to Capital One pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

13.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.

14.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.

15.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.

16.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.

Signed ________________________________

Dated ________________________________

[Droosie]

Thank you, yes

1. Three Mobile, taken put 30/10/15 and last payment maids 29/12/2016 Current balance £263.91 (court claim form) or £320.95 according to Overdales
2. Three Mobile taken out 17/03/16, last payment made 10/08/16 Curent balance £284.18 (Court claim form) or £345.60 according to Overdales
3. Capital One taken out 26/11/16, last payment was on 27/08/2017 current balance £263.42 or £320.35 according to Overdales letter
4. Three Mobile taken out 19/07/2015, last payment 12/02/18 . Current balance £620.60 (court claim form) Overdales say £754.77 (I suspect this to be the one I took out for my Mum but the account is down to me).

The Particulars are listed as above except they use Hutchinson 3G UK LTD rather than Three Mobile.

it says the agreements were terminated as payments not maintained and subsequently assigned to the claimant (Lowell) but doesn’t say when this was. I can’t remember receiving anything but quite honestly it was a horrible time which is a bit of a blur anyway.
The total of said sums being £1432.11.
Plus court fee £115 and legal rep costs £80
interest pursuant onto s69 County Courts Act at the rate of 8% per annum.

So grand total of £1741.67


My other issue is if I send in an income and expenditure form I have no idea what our income will be over the next year. From end of August we will lose the child element of UC although I will manage any money my son gets as his appointee.
On top of this we have gas and electric which I am on a fixed rate for until end of October. At this point we will move onto standard current prices and estimates so far are between £200-£300 a month. Obviously this will affect what I can offer for payment.

[echat11]

Thank you, yes

1. Three Mobile, taken put 30/10/15 and last payment maids 29/12/2016 Current balance £263.91 (court claim form) or £320.95 according to Overdales
2. Three Mobile taken out 17/03/16, last payment made 10/08/16 Curent balance £284.18 (Court claim form) or £345.60 according to Overdales
3. Capital One taken out 26/11/16, last payment was on 27/08/2017 current balance £263.42 or £320.35 according to Overdales letter
4. Three Mobile taken out 19/07/2015, last payment 12/02/18 . Current balance £620.60 (court claim form) Overdales say £754.77 (I suspect this to be the one I took out for my Mum but the account is down to me).

The Particulars are listed as above except they use Hutchinson 3G UK LTD rather than Three Mobile.

it says the agreements were terminated as payments not maintained and subsequently assigned to the claimant (Lowell) but doesn’t say when this was. I can’t remember receiving anything but quite honestly it was a horrible time which is a bit of a blur anyway.
The total of said sums being £1432.11.
Plus court fee £115 and legal rep costs £80
interest pursuant onto s69 County Courts Act at the rate of 8% per annum.

So grand total of £1741.67


My other issue is if I send in an income and expenditure form I have no idea what our income will be over the next year. From end of August we will lose the child element of UC although I will manage any money my son gets as his appointee.
On top of this we have gas and electric which I am on a fixed rate for until end of October. At this point we will move onto standard current prices and estimates so far are between £200-£300 a month. Obviously this will affect what I can offer for payment.

The Particular of Claim doesn't say the following:-

'it says the agreements were terminated as payments not maintained and subsequently assigned to the claimant (Lowell) but doesn’t say when this was. I can't remember receiving anything but quite honestly it was a horrible time which is a bit of a blur anyway.
The total of said sums being £1432.11.
Plus court fee £115 and legal rep costs £80
interest pursuant onto s69 County Courts Act at the rate of 8% per annum.'

On the claim form copy exactly what it says. Don't leave anything out or add anything. It's important because most of your Defence is addressing that paragraph.

[Droosie]

Particulars of Claim 1)The Claim comprises the following
Agreements the Defendant entered into:
a. Hutchison 3G UK Limited
with reference ……..and
current balance of £263.91
b. Hutchison 3G UK Limited
with reference ……land
current balance of £284.18
c. Capital One (Europe) pic
with reference …….;;; and
current balance of £263.42
d. Hutchison 3G UK Limited
with reference ………and
current balance of £620.60
The Agreements were terminated as payments
were not maintained and subsequently
assigned to the Claimant.
And the Claimant claims:
a) The total of the said sums being £1432.11
b) Interest pursuant to s69 County Courts Act
1984 at the rate of 8% per annum from the
date of assignment to the date of issue, but
c) Costs
limited to one year, being £114.56


I have scanned the text which makes it easier to post.

No idea when the debts were assigned.

[echat11]

Particulars of Claim 1)The Claim comprises the following
Agreements the Defendant entered into:
a. Hutchison 3G UK Limited
with reference ……..and
current balance of £263.91
b. Hutchison 3G UK Limited
with reference ……land
current balance of £284.18
c. Capital One (Europe) pic
with reference …….;;; and
current balance of £263.42
d. Hutchison 3G UK Limited
with reference ………and
current balance of £620.60
The Agreements were terminated as payments
were not maintained and subsequently
assigned to the Claimant.
And the Claimant claims:
a) The total of the said sums being £1432.11
b) Interest pursuant to s69 County Courts Act
1984 at the rate of 8% per annum from the
date of assignment to the date of issue, but
c) Costs
limited to one year, being £114.56


I have scanned the text which makes it easier to post.

No idea when the debts were assigned.

Post 19 has been updated, review and send when you are ready. Remember there is a deadline.

A copy to the Court and a copy to Overdales. Make sure you get Proof of Postage.

[Droosie]

Thank you so much for all your help. I will post today to both and get proof of posting.

I will let you know how I get on.

[Droosie]

Good morning, I’ve had a response from the solicitors and it looks like some kind of mediation letter.

it says it’s referred to the Small Claims Mediation Service and suggesting this is by phone.

Im happy to do this but still unsure about how I proceed when money is so tight.

I’ve had this as a pdf by email but it says a copy has been sent to me 9am assuming a paper copy).

Nothing from Lowell with regard to the request for all paperwork they hold on me.

[echat11]

Good morning, I’ve had a response from the solicitors and it looks like some kind of mediation letter.

it says it’s referred to the Small Claims Mediation Service and suggesting this is by phone.

Im happy to do this but still unsure about how I proceed when money is so tight.

I’ve had this as a pdf by email but it says a copy has been sent to me 9am assuming a paper copy).

Nothing from Lowell with regard to the request for all paperwork they hold on me.

If you haven't received the requested documents then you have to tell the Court in the Directions Questionnaire you receive.

Have you received a Directions Questionnaire from the Court or other side?

[Droosie]

Not as yet. All I’ve had is acknowledgement of my defence and now this Small Claims Mediation form

[MIKE770]

accept median courts expect you to save as to courts time:- if you have not got the documents state on form and send back, they will no doubt write back no medition can take place as no documents then case goes back to court.

[echat11]

Not as yet. All I’ve had is acknowledgement of my defence and now this Small Claims Mediation form

Does it say Directions Questionnaire anywhere on the form? Does it have Form N180 on it?