Claim received- Overdales Solicitors

[j4mes]

Submitted to the courts this evening as that’s the priority one obviously for being submitted in time. Will print and send one to Overdales tomorrow recorded delivery.

[echat11]

Emailed response received this morning from Creation.

They are acknowledging your request, but are requesting ID proving you are who you say you are.

[j4mes]

So, we've had a response from Overdales re: the defence.

We write regarding the above matter and confirm receipt of your Defence.
As you are aware, the Claim we have been insturcted on is in relation to two separate debts. Both of which will be discussed in turn.

Account 1 – Three Mobile – XXXXXXXX

You entered into an agreement with Three on dd/mm/yyyy for the suppy of mobile phone services under a tariff described as “20GB Mobile Data 24month”, for the mobile number [removed]. The last payment made to the account was on dd/mm/ 2017, for the sum of £[XX.XX]. We can confirm that the monthly tariff cost was £[XX.XX] with the account was disconnected on 30 August 2018.

The assignment balance of £XXX, is solely an early termination charge. Please find attached a copy of the Statement of Account which confirms this. Please also note, as this account is in relation to a Service Agreement and not a Credit Agreement, Three are not obligated to retain copies of the Agreement as they are not regulated by the Consumer Credit Act 1974 (CCA). As such, we are unable to request a copy of this document.

We have also attached a copy of similar terms and conditions to those that would have been provided to you when the account was opened. Should you require further details on terms, you may wish to visit the Three website.

Please find attached a copy of the Notice of Assignment as requested.

Account 2 – Creation Consumer Finance - ZZZZZZZZ

In relation to this account, you entered into an agreement with Creation Consumer Finance for a Dixons – CD account number ZZZZZZZ. The account was opened on [dd/mm/2017], with the last payment made on [dd/mm] 2018, for the sum of £[XX.XX].

We confirm that a request has been raised with our client to provide copies of the Agreement, Statement of Account and Terms and Conditions. Once these have been received, we shall contact you promptly.

Please however, find attached a copy of the Notice of Assignment as requested.

Within your Defence, you make reference to the Particulars of Claim not providing the relevant information. Our client is satisfied that the Particulars of Claim would be seen as clear and concise in the eyes of the Court. This is due to the our client making it clear as to who the Defendant entered into the agreement with, giving the agreement reference number as well as making it clear as to why the agreement was terminated.

Also in your Defence, you admit entering into agreements with both Three Mobile and Consumer Creation Finance. Our client is satisfied that all correspondence sent in relation to both of these accounts have been sent to your current address, in your name. You contacted our client in June 2019, in relation to the Three account requesting copies of the CCA regulated documents, with the relevant response sent to you on 13 June 2019. This therefore evidences that you were aware of the account and that the Notices of Assignment have been sent correctly.

With the above information and the attached documents, our client is satisfied that you are liable for the outstanding balance. Furthermore, we would like to note that you are in breach of CPR 16.5(2)(a) as you did not give a reason for denying our client’s claim, you have simply contested its legality. As such, we can make an application to strike out your Defence, resulting in the claim standing undefended, our client at liberty to request Judgment by Default against you.

Settlement proposal
Nonetheless, our client is willing to attempt settlement and reach an amicable resolution with you.
An agreed settlement may avoid a hearing or judgment and also additional costs being incurred. Our client is prepared to accept a full and final settlement of:
-A lump sum payment of £[XXXX]
-Or two payments of £[XXX]
-Any reasonable settlement proposal you wish to make.

Please contact our offices to your proposals for repayment and settlement offers within 7 days of the date of this email. Alternatively, please find our client’s details below:
Account Holder Name: Overdales Legal Ltd

Please use your reference as the payment reference to ensure it is allocated to your account.

Please note that should you choose to accept the settlement sum which is lower than the outstanding balance of the claim and our client reports the matter to the relevant credit reference agencies, your credit file will be updated to reflect that you have partially satisfied the balance.

You may wish to seek independent legal advice from the Citizens Advice Bureau or a firm of solicitors of your choosing.
If we do not hear from you, we have been instructed by our client to proceed with the legal claim. This may incur further costs that our client will seek to recover from you.
We trust further action will not be necessary and look forward to hearing from you.
Yours sincerely

[echat11]

So, we've had a response from Overdales re: the defence.

We write regarding the above matter and confirm receipt of your Defence.
As you are aware, the Claim we have been insturcted on is in relation to two separate debts. Both of which will be discussed in turn.

Account 1 – Three Mobile – XXXXXXXX

You entered into an agreement with Three on dd/mm/yyyy for the suppy of mobile phone services under a tariff described as “20GB Mobile Data 24month”, for the mobile number [removed]. The last payment made to the account was on dd/mm/ 2017, for the sum of £[XX.XX]. We can confirm that the monthly tariff cost was £[XX.XX] with the account was disconnected on 30 August 2018.

The assignment balance of £XXX, is solely an early termination charge. Please find attached a copy of the Statement of Account which confirms this. Please also note, as this account is in relation to a Service Agreement and not a Credit Agreement, Three are not obligated to retain copies of the Agreement as they are not regulated by the Consumer Credit Act 1974 (CCA). As such, we are unable to request a copy of this document.

We have also attached a copy of similar terms and conditions to those that would have been provided to you when the account was opened. Should you require further details on terms, you may wish to visit the Three website.

Please find attached a copy of the Notice of Assignment as requested.

Account 2 – Creation Consumer Finance - ZZZZZZZZ

In relation to this account, you entered into an agreement with Creation Consumer Finance for a Dixons – CD account number ZZZZZZZ. The account was opened on [dd/mm/2017], with the last payment made on [dd/mm] 2018, for the sum of £[XX.XX].

We confirm that a request has been raised with our client to provide copies of the Agreement, Statement of Account and Terms and Conditions. Once these have been received, we shall contact you promptly.

Please however, find attached a copy of the Notice of Assignment as requested.

Within your Defence, you make reference to the Particulars of Claim not providing the relevant information. Our client is satisfied that the Particulars of Claim would be seen as clear and concise in the eyes of the Court. This is due to the our client making it clear as to who the Defendant entered into the agreement with, giving the agreement reference number as well as making it clear as to why the agreement was terminated.

Also in your Defence, you admit entering into agreements with both Three Mobile and Consumer Creation Finance. Our client is satisfied that all correspondence sent in relation to both of these accounts have been sent to your current address, in your name. You contacted our client in June 2019, in relation to the Three account requesting copies of the CCA regulated documents, with the relevant response sent to you on 13 June 2019. This therefore evidences that you were aware of the account and that the Notices of Assignment have been sent correctly.

With the above information and the attached documents, our client is satisfied that you are liable for the outstanding balance. Furthermore, we would like to note that you are in breach of CPR 16.5(2)(a) as you did not give a reason for denying our client’s claim, you have simply contested its legality. As such, we can make an application to strike out your Defence, resulting in the claim standing undefended, our client at liberty to request Judgment by Default against you.

Settlement proposal
Nonetheless, our client is willing to attempt settlement and reach an amicable resolution with you.
An agreed settlement may avoid a hearing or judgment and also additional costs being incurred. Our client is prepared to accept a full and final settlement of:
-A lump sum payment of £[XXXX]
-Or two payments of £[XXX]
-Any reasonable settlement proposal you wish to make.

Please contact our offices to your proposals for repayment and settlement offers within 7 days of the date of this email. Alternatively, please find our client’s details below:
Account Holder Name: Overdales Legal Ltd

Please use your reference as the payment reference to ensure it is allocated to your account.

Please note that should you choose to accept the settlement sum which is lower than the outstanding balance of the claim and our client reports the matter to the relevant credit reference agencies, your credit file will be updated to reflect that you have partially satisfied the balance.

You may wish to seek independent legal advice from the Citizens Advice Bureau or a firm of solicitors of your choosing.
If we do not hear from you, we have been instructed by our client to proceed with the legal claim. This may incur further costs that our client will seek to recover from you.
We trust further action will not be necessary and look forward to hearing from you.
Yours sincerely

It's pretty standard from Overdales, so you awaiting some documentation. So best to draft a response. I see they have thrown in some T's & C's which are similar, but not the T's & C's you would have received at the time, so considerate.

[j4mes]

How would it be best to respond to them? Advise we’re awaiting the remainder of docs before doing anything?

[j4mes]

echat11 any advice on how to respond?

[echat11]

echat11 any advice on how to respond?

Yes, will update later.

[echat11]

See what they send, make sure you get Proof of Postage :-

Dear Sir / Madam

Thank you for your letter of XX/XX/XXXX.

Account 1 Three Mobile XXXXXXXX

In your letter of XX/XX/XXXX you state the following: 'The assignment balance of £XXX, is solely an early termination charge'.

'Please also note, as this account is in relation to a Service Agreement and not a Credit Agreement Three are not obligated to retain copies of the Agreement as they are not regulated by the Consumer Credit Act 1974 (CCA). As such, we are unable to request a copy of this document. We have also attached a copy of similar terms and conditions to those that would have been provided to you when the account was opened. Should you require further details on terms, you may wish to visit the Three website.'

The terms surrounding the 'early termination charge' would be stated in the original Terms and Conditions at the time you say I took out the service agreement, so those are the Terms and Conditions I need Three to provide me with.

The 'similar Terms and Conditions' are not the same as actual 'Terms and Conditions' on the date you state that I signed a Service Agreement.

Account 2 Creation Consumer Finance - XXXXXXXXXXX

I look forward to receiving the following: Agreement, Statement of Account, Terms and Conditions and Default Notice.

As stated in my Defence, the Particulars of Claim has provided inadequate information to enable me to properly assess my position with regards the claim.

I look forward to hearing from you.

Yours faithfully

XXXXXXXXX

[j4mes]

I suspected it would a response along those lines but I shall use how yours is written.

I did read their T&C they sent and it makes no reference I could see about early termination charges. Worst case, I’d be willing to offer them a reasonable settlement on that of around £70, but not near the near £300 they’re demanding.

I also forgot to add earlier, the only income my partner gets for now is her PIP which I believe is exempt from income/outgoings calculations (correct me if I’m wrong on that). She was a Uni student but for physical and mental health reasons has had to step away for the remainder of this academic year.

[echat11]

I suspected it would a response along those lines but I shall use how yours is written.

I did read their T&C they sent and it makes no reference I could see about early termination charges. Worst case, I’d be willing to offer them a reasonable settlement on that of around £70, but not near the near £300 they’re demanding.

I also forgot to add earlier, the only income my partner gets for now is her PIP which I believe is exempt from income/outgoings calculations (correct me if I’m wrong on that). She was a Uni student but for physical and mental health reasons has had to step away for the remainder of this academic year.

Send this letter.

You can make offers to settle the matter, mark any offer with 'Without Prejudice'.
Just exclude your partners PIP payments, if they ask, then state why.

[j4mes]

So, an update:

Good Morning XXXXXXX,



We have provided you with a copy of the terms and conditions for contracts that were entered after 2015. As your account was opened in 2016, we are satisfied that these would be accurate and similar to those provided to you.



In relation to your request for documentation for the former Creation matter, please find attached a copy of the Agreement, which contains the relevant terms and conditions and, a Statement of Account. As you can see, the Agreement is clearly in your name with your address provided. This document was electronically signed, confirming that you understood the relevant terms.



With the above and our previous email, our client remains satisfied that you are liable for the outstanding balance. As such, we have been instructed to proceed with this matter with the relevant Directions Questionnaire being served to you in the post, in due course. We also confirm the same has been filed with the Court.



Nonetheless, our client remains willing to discuss settlement with you should you wish. If not, we will await further directions from the Court.



If we are required to proceed to a hearing, this may cause an escalation of costs, a potential County Court Judgment being registered against you affecting your credit file for a period of 6 years. This could also lead to the option for us to take enforcement action against you such as instructing a County Court bailiff or applying for an Attachment of Earnings Order.



Yours sincerely,

[echat11]

So, an update:

Good Morning XXXXXXX,



We have provided you with a copy of the terms and conditions for contracts that were entered after 2015. As your account was opened in 2016, we are satisfied that these would be accurate and similar to those provided to you.



In relation to your request for documentation for the former Creation matter, please find attached a copy of the Agreement, which contains the relevant terms and conditions and, a Statement of Account. As you can see, the Agreement is clearly in your name with your address provided. This document was electronically signed, confirming that you understood the relevant terms.



With the above and our previous email, our client remains satisfied that you are liable for the outstanding balance. As such, we have been instructed to proceed with this matter with the relevant Directions Questionnaire being served to you in the post, in due course. We also confirm the same has been filed with the Court.



Nonetheless, our client remains willing to discuss settlement with you should you wish. If not, we will await further directions from the Court.



If we are required to proceed to a hearing, this may cause an escalation of costs, a potential County Court Judgment being registered against you affecting your credit file for a period of 6 years. This could also lead to the option for us to take enforcement action against you such as instructing a County Court bailiff or applying for an Attachment of Earnings Order.



Yours sincerely,

Then the question must be, if they don't have the 2016 Terms and Conditions then how do they know they are 'accurate and similar' to the 2015 Terms and Conditions? On what basis are they making that statement?

I could be 'facetious' and ask if the 'tea lady' told them that they were 'accurate and similar' and they've taken the tea lady's word on it.

[j4mes]

So, my partner is just wanting to arrange something with them, as she’s getting concerned and wants it just sorted out and the stress gone.
Or in other words as she has nothing, she wants me to make an offer to settle. I’m not so sure but for a quiet life I agreed to look at it. I want to make a relatively low offer (45% of original balance or so) as it’s not watertight and they’ve said a few times they want to agree something, even offering mediation. The 3-uk cancellation fee, I cannot bear to offer more than £50 regardless of what they say it was, and a more reasonable offer toward the other account.
But I want to word the offer in a way that says to them that she cannot give them anything as she doesn’t have anything, earn anything or own anything of value, and that if they decline the offer then that’s it. But at the same time, I don’t want to say it’s this or nothing, and they take her for a CCJ anyway. Or it goes to a mediation and they take just money from her disability payments each month.

I’ll draft something up this morning and post

[echat11]

I understand (it is nonsense to say, these terms and conditions' are similar),

Some guidance, make sure you mark any offer with the words 'Without Prejudice', maybe start with a 90% discount off the debt, see what they comeback with. Don't forget to mention circumstances if they apply, health, cost of living crisis, etc.

https://nationaldebtline.org/fact-sh...ent-offers-ew/

https://nationaldebtline.org/sample-...tlement-offer/

Update the thread.

[j4mes]

Would this be okay to send?

Dear Sir/Madam,

Ref: XXXXXXX, Miss XXXXXXXXX

WITHOUT PREJUDICE

I have been asked to contact yourselves regarding the above matter. I have spoken with XXXXXXXX and she has described her present financial situation to me and asked I contact you.
XXXXXXXXX is currently a University student living away, however she has had to take a long term leave of absence from her studies due to a poor level of mental and physical health. She is currently legally considered disabled, living with chronic pain in her pelvis due to a number of operations that were hoped to alleviate the effects of hip dysplasia. These operations however have not helped and if anything have made the condition worse to the point she walks with crutches on a good day, and uses a wheelchair on a bad day. As a result, she is currently not in any form of employment nor does she have any form of income. This situation is not expected to change in the foreseeable future. Her only income currently is PIP, which is used fully on her day to day living needs each month. She has no assets, as everything in the property is owned by myself.

That said, this situation is exasperating her mental health issues and causing her sleepness nights and further anxiety. As a result I would like to step in and see if a resolution can be reached. I would therefore like to make a 'full and final' settlement offer to you.

I understand account 1, with Huchinson 3G was a mobile telecommunications agreement, with the balance due solely a cancellation fee. And account 2, with Creation was a shop credit account. This leaves a balance across both accounts of £XXX your client is seeking.

I do not have enough capital available to pay the balance in full, and with the current cost of living issues, am not in a position to comfortably commit to any monthly payment agreement above £1 a month but am in a position to offer you a one-off lump payment of £XXX to settle both accounts.

Should you accept this offer, I would ask you contact me directly in writing confirming your acceptance, confirming this payment will end your clients interest in this matter and supply me payment details including reference. I will then make the agreed payment to your client within 7days of having received their acceptance.

I look forward to your response in this matter.