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NPower - Lowells

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  • #16
    Originally posted by Forkinhades View Post
    The points Overdales state
    1. This debt does not arise under an agreement for credit and therefore it is not regulated by the consumer credit act 1974. This means the original that the original creditor is not required to retain a copy of the agreement, if it was in writing, and therefore we are unable to retain a copy.

    2. Accounts of this type can be obtained over the telephone, over the Internet and therefore it is possible that no signed copy ever existed, or that thus was entered into by electronic signature online.

    3. A default notice is a technical document that us applied to a a Credit Agreement should a customer fail to repay the account. Therefore, a default notice also does not apply.

    4. As a gesture of goodwill, we gave enclosed a copy of the final bill for you to review, along with the requested notice of assignment.

    5. As you are aware, a county court claim form was issued to you on 19 August 2022

    6. We note that you have completed your AOS. This allows you a further 14 days to submit your response to the claim form. However this time has since expired and you should now respond to the claim form, how you deem appropriate, as per the guidance on the form.

    7. Should you wish to dispute this matter, we ask that you enclose all details of your defence with the relevant sections.

    8. Please ensure you respond to the claim within the time frame set by the court. Failure to do so may result in a CCJ being entered in default against you.
    Write to Overdales, 'Without Prejudice' on the letter you send them.

    a) Explain that the account was disputed with NPower at the time, NPower ignored you, when you stated that the amount sought was incorrect.

    b) Explain that if there was an agreement, then they should be able to provide a copy as requested under Civil Procedure Rule 31.14, which they have failed to do to date.

    c) Then await their response, wait for the Directions Questionnaire from the Court.

    Comment


    • #17
      Thank you

      Comment


      • #18
        OK, so I have the DQ from the court.
        Do I put in the DQ what was previously posted in the letter to Overdales?

        I'm assume that I don't want mediation as well.

        Thank you

        Comment


        • #19
          Originally posted by Forkinhades View Post
          OK, so I have the DQ from the court.
          Do I put in the DQ what was previously posted in the letter to Overdales?

          I'm assume that I don't want mediation as well.

          Thank you
          No, you answer the questions. If you have received all the requested documentation, then you can say 'yes' to mediation.

          You send a copy to the Court and a copy to Lowell's.

          Here's a guide, that might help - https://www.lawble.co.uk/directions-questionnaire/

          Comment


          • #20
            So as they have failed to produce the agreement. I can tick 'No Mediation'?

            Comment


            • #21
              Originally posted by Forkinhades View Post
              So as they have failed to produce the agreement. I can tick 'No Mediation'?
              I would tick 'yes' for mediation, but state that they haven't sent the requested documents.

              Comment


              • #22
                In section D1 of the DQ I have ticked No suitability without a hearing.
                And stated
                Overdales have not sent all the requested documents.
                Account was disputed with Npower at the time. Npower ignored me, when stated that the amount sought was incorrect.

                Is this correct?

                Thank you

                Comment


                • #23
                  Originally posted by Forkinhades View Post
                  In section D1 of the DQ I have ticked No suitability without a hearing.
                  And stated
                  Overdales have not sent all the requested documents.
                  Account was disputed with Npower at the time. Npower ignored me, when stated that the amount sought was incorrect.

                  Is this correct?

                  Thank you
                  Yes, that's fine.

                  Comment


                  • #24
                    OK. Had mediation today. And we settled out if court.

                    From the original 250, they offered 225 to settle.​​​

                    My offer was 48.

                    Then they offered 200 - I refused
                    ​​Then they offered 100 - I refused

                    Then they agreed to take my offer of 48

                    Many Thanks to this forum.
                    Great work!!!

                    Comment


                    • #25
                      Originally posted by Forkinhades View Post
                      OK. Had mediation today. And we settled out if court.

                      From the original 250, they offered 225 to settle.​​​

                      My offer was 48.

                      Then they offered 200 - I refused
                      ​​Then they offered 100 - I refused

                      Then they agreed to take my offer of 48

                      Many Thanks to this forum.
                      Great work!!!
                      Well done, great negotiating and persistence.

                      Comment


                      • #26
                        During Mediation, they 'mediator" advised that overdales had to send me the settlement invoice. They have yet to send it? Are they trying another trick?

                        Comment


                        • #27
                          Originally posted by Forkinhades View Post
                          During Mediation, they 'mediator" advised that overdales had to send me the settlement invoice. They have yet to send it? Are they trying another trick?
                          No, they are just slow. Set a 'deadline', then send them a chase letter.

                          Comment


                          • #28
                            Just checked MCOL, and the court have received a settled notification from Overdales. They still have not sent the invoice. And I haven't paid?

                            Is this normal?

                            Comment


                            • #29
                              Originally posted by Forkinhades View Post
                              Just checked MCOL, and the court have received a settled notification from Overdales. They still have not sent the invoice. And I haven't paid?

                              Is this normal?
                              Yes, everything is slow.

                              Comment


                              • #30
                                What I meant was. If I havnt paid yet. Why would overdales notify the court that its settled?

                                Or is notification from the Mediator

                                Comment

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