Claim received- Overdales Solicitors

[j4mes]

Good afternoon,

This morning my wife has received a Claim Form from Overdales Solicitors , on behalf of Lowells.

The debt is one we've previously challenged I think, and they couldn't provide any documents but I'm approaching it objectively and as a new claim. So, details below:

Received a claim? Yes/No: Yes
Issue Date: 24/02/2023
Have you Acknowledged the Claim?: Not yet but will do so asap
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 Financial
Solicitors Firm: Overdales Solicitors
Original Creditor: Hutchison 3G UK Limited & Creation Financial Services
Original Debt (eg. Credit card/Loan/Overdraft) : Mobile SIM and handset
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The claim comprises the following Agreements the Defendent entered into:
a. Hutchison 3G UK Limited with reference XXXXXX, and current balance £400
b. Creation Financial Services Limited with reference YYYYYY, and current balance £900
The agreements were terminated as payments were not maintained and subsequently assigned to Claimant.
And the Claimant claims:
a) The total of said sums being £1300
b) Interest pursuant to s69 Country Courts act 1984 at the rate of 8%per annum from the date of assignment to the date of issue, but limited to one year, being £90
c) Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not statute barred. Approx 2018. I remember being in touch with them previously as they tried to use the fact of it being a mobile phone SIM to not send some documents/
List any letters you have sent (eg: CCA/ CPR ): Will send these asap
Any Other Information or Background Details: Debt is for a mobile internet SIM and mobile WIFI device. My wife went through a bad patch financially and personally, and ended up with 1 CCJ but wasn't in a position to pay her debts. We are now just getting her financial situation back on track.

[echat11]

a) Firstly Acknowledgement of Serivce, this can be done online via MCOL, you are denying the whole debt.
Acknowledgement of Service gives you 14 + 14 days, plus an extra 5 days.

b) Send Overdales a CPR 31.14 request (template on the right hand side), it's not a Credit Consumer Agreement 1974, it's a Service Agreement, so you are requesting a copy of that, Terms and Conditions, Notice of Default and Copy of Letter of Assignment. Remove any reference to Consumer Credit Act 1974. Make sure you get Proof of Postage.

c) Send the original creditor a Subject Access Request (template on the right hand side). Make sure you get Proof of Postage.

Work out when your defence has to be lodged with the Court and the Claimant, aim for within 28 days, make a note in your diary, don't forget. Lets see what they send.

[j4mes]

Completed the AOS this morning

a) Firstly Acknowledgement of Serivce, this can be done online via MCOL, you are denying the whole debt.
Acknowledgement of Service gives you 14 + 14 days, plus an extra 5 days.

b) Send Overdales a CPR 31.14 request (template on the right hand side), it's not a Credit Consumer Agreement 1974, it's a Service Agreement, so you are requesting a copy of that, Terms and Conditions, Notice of Default and Copy of Letter of Assignment. Remove any reference to Consumer Credit Act 1974. Make sure you get Proof of Postage.

c) Send the original creditor a Subject Access Request (template on the right hand side). Make sure you get Proof of Postage.

Work out when your defence has to be lodged with the Court and the Claimant, aim for within 28 days, make a note in your diary, don't forget. Lets see what they send.

Dear Sirs,
Claim Number: XXXXXXX
Request for documents mentioned in a statement of case under CPR 31.14
On 01/03/2023 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

1. Service Agreement with Hutchinson 3GUK Limited
2. Credit Agreement with Creation Financial Services Ltd
3. Terms and Conditions for Hutchinson 3G UK Limited
4. Terms and Conditions for Creation Financial Services Ltd
5. Notice of Assignment for Huthinson 3G UK Limited
6. Notice of Assignment for Creation Financial Services Ltd

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.
I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.
You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 02/03/2023.
I look forward to hearing from you.
Yours sincerely

Will we send SAR to Lowell or Hutchison 3G and Creation? Will be sent when I post the above, once it's confirmed as okay to send.

[echat11]

O.K. don't do anything yet. Where do Creation Financial Services enter the debt allegedly owed?

[j4mes]

They would have supplied the actual device.

[echat11]

O.K. it's fine to send.

a) You need to include this for the Creation bit - 'For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 02/03/2023.'

b) Send one to Hutchinson 3G and one to Creation. 'Will we send SAR to Lowell or Hutchison 3G and Creation? Will be sent when I post the above, once it's confirmed as okay to send.'

[j4mes]

Okay, so all documents were posted out on 3rd March, all recorded post. We also received a letter from Overdales dated 2nd March, their "NOTICE OF CLAIM ISSUE" essentially asking us to get in touch to try and work with them.

Will sit tight until responses come through from letters sent yesterday and see where we are.

[j4mes]

Update-
So Creation have responded by sending a letter and a cheque for £12, that is payable to Creation, not in our name and supplied no documents. We sent them a postal order for £1 so we're a bit confused

[echat11]

Update-
So Creation have responded by sending a letter and a cheque for £12, that is payable to Creation, not in our name and supplied no documents. We sent them a postal order for £1 so we're a bit confused

What does the letter say?

If it doesn't relate to your request, if it doesn't, take pics of both, send both back, make sure you get Proof of Postage. Your request for documents is still outstanding.

[j4mes]

What does the letter say?

If it doesn't relate to your request, if it doesn't, take pics of both, send both back, make sure you get Proof of Postage. Your request for documents is still outstanding.

must have missed this response. Redacted letter attached.

thinkin about drafting defence tomorrow ready

[echat11]

must have missed this response. Redacted letter attached.

thinkin about drafting defence tomorrow ready

Just take pics of both, then return back to them, get Proof of Postage (it's probably so they can say they sent documents, I think). Have a go at your defence, copy and post defence back onto this thread, remove all personal details, I can take look.

[j4mes]

In the Northampton County Court Business Centre

Claim No: [XXXXX]

Lowell Portfolio 1 LTD

Claimant

And

XXXXXXXXX

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 1st March 2023

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

3.This claim appears to be for a Credit Account agreement regulated under the Consumer Credit Act 1974, and a Service Account.

4.It is admitted that the Defendant has entered into an agreement with Creation for provision of credit. It is also admitted the Defendant entered into an agreement with Hutchinson 3G for provision of Service.

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 fail to state when the agreements were entered into.

7.It is denied that neither Creation nor Hutchinson 3G 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.

8.On the 3rd March 2023 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 Solicitors. I requested the Claimant provide copies of the Service Agreement with Hutchinson 3GUK Limited, Credit Agreement with Creation Financial Services Ltd, Terms and Conditions for Hutchinson 3G UK Limited, Terms and Conditions for Creation Financial Services Ltd, Notice of Assignment for Huthinson 3G UK Limited, Notice of Assignment for Creation Financial Services Ltd

9.Overdales Solicitors has not sent any of these documents to the Defendant.

10.On the 3rd March The Defendant sent a formal request for a copy of the original agreement to Creation pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee. The defendant sent a formal request for a copy of the original service agreement to Hutchinson 3G.

11.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

12.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.

13.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.

14.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.

15.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 [name document being verified] 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 XXXXXXXXXX

Dated 18 March 2023

[echat11]

Amend the following, post copy / paste the amended version:-

a) 3.This claim appears to be for a Credit Account agreement regulated under the Consumer Credit Act 1974, and a Service Account. (remove the comma)

b) You need to insert the following as a point, before your point (7),

The Claimants statement of case states that the accounts were assigned from [Original Creditor] to [Claimant], but does not give a date. The Defendant does not recall receiving notice of this assignments.

c) 7.The agreement you had with Hutchinson G3 isn't governed by the Consumer Credit Act 1974, so you need to remove Hutchinson G3, it only applies to the Creation Financial Services.

d) 11. It's not s77, it's s78, amend to s78.


e) 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.

[j4mes]

Thanks for the advice echat11, have amended and attached below.

In the Northampton County Court Business Centre

Claim No: [XXXXX]

Lowell Portfolio 1 LTD

Claimant

And

XXXXXXXXX

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court on 1st March 2023

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

3.This claim appears to be for a Credit Account agreement regulated under the Consumer Credit Act 1974 and a Service Account.

4.It is admitted that the Defendant has entered into an agreement with Creation for provision of credit. It is also admitted the Defendant entered into an agreement with Hutchison 3G for provision of Service.

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 fail to state when the agreements were entered into.

7.The Claimants statement of case states that the accounts were assigned from Creation and Hutchison 3G to Lowell Portfolio 1 LTD , but does not give a date. The Defendant does not recall receiving notice of this assignments.

8.It is denied that Creation 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 3rd March 2023 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 Solicitors. I requested the Claimant provide copies of the Service Agreement with Hutchison 3G UK Limited, Credit Agreement with Creation Financial Services Ltd, Terms and Conditions for Hutchison 3G UK Limited, Terms and Conditions for Creation Financial Services Ltd, Notice of Assignment for Hutchison 3G UK Limited, Notice of Assignment for Creation Financial Services Ltd

10.Overdales Solicitors has not sent any of these documents to the Defendant.

11.On the 3rd March The Defendant sent a formal request for a copy of the original agreement to Creation pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. The defendant sent a formal request for a copy of the original service agreement to Hutchison 3G.

12.The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (4) 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 XXXXXXXXXX

Dated 18 March 2023

[echat11]

That's fine, you can file it with the Court online via MCOL. If you post it, make sure you get Proof of Postage.

Send a copy to Overdales, make sure you get Proof of Postage.