Buried my head now I have a claim

[adot88]

Also, I still have not been given any other documents that I had requested from Overdales yet.

[echat11]

echat11 Hey, I hope you have been well.

I haven’t received anything from the court directly yet.

I did receive the DQ from Overdales with the CCBC CC’ed into the email. I’m not sure if I should just take that as receiving the receiving the DQ and respond?

Overdale sent this over on the 28/04/2023, is there a time limit for me to respond to them or do I wait for the courts to send me the DQ directly?

I’ll keep you updated with any offers I send to them about settling.

Thank you.

You could ring the Court, there is usually a deadline for filing the DQ, a letter should a company the DQ giving that deadline. We've had a couple of 'bank holidays which wouldn't helped. I'm sure you'll receive it.

[echat11]

Also, I still have not been given any other documents that I had requested from Overdales yet.

O.K. keep an eye out for them.

[adot88]

echat11 Hey, I hope you have been well.

Just wanted to give you a little update (If I can call it that)

I've been trying to get in touch with the courts but it’s been impossible to get in touch with them as the call queues have been an hour to an hour and a half and my lunch break just doesn’t cut it to get in touch.

I’m going to be calling them tomorrow as I’ve taken the morning off in hopes of getting in touch with them as they still have not sent the DQ to me.

Also, Overdales have sent me the following:

1. Electronically signed Agreement dated x June 2018.
2. Statements dated from June 2018 until October 2020.
3. Default Notice dated 2x May 2020.
4. Notice of Assignment dated x December 2020.

is there anything I need to do with these?

[echat11]

echat11 Hey, I hope you have been well.

Just wanted to give you a little update (If I can call it that)

I've been trying to get in touch with the courts but it’s been impossible to get in touch with them as the call queues have been an hour to an hour and a half and my lunch break just doesn’t cut it to get in touch.

I’m going to be calling them tomorrow as I’ve taken the morning off in hopes of getting in touch with them as they still have not sent the DQ to me.

Also, Overdales have sent me the following:

1. Electronically signed Agreement dated x June 2018.
2. Statements dated from June 2018 until October 2020.
3. Default Notice dated 2x May 2020.
4. Notice of Assignment dated x December 2020.

is there anything I need to do with these?

1. Electronically signed Agreement dated x June 2018.

Check to see if everything that should be on there is on there,i.e. APR, Credit Limit etc, if anything has been 'varied' in the agreement between June 2018 until October 2020, have they supplied agreement to reflect that change, i.e. the APR increases from 25% to 26%.

1. Statements dated from June 2018 until October 2020.

Check the statements for anomalies, are they correct, they should show if the APR has increased.

1. Default Notice dated 2x May 2020.

Check the Default Notice for anomalies.

1. Notice of Assignment dated x December 2020.

Check if it's got the correct information.

[adot88]

echat11 Hey, I hope you are well.

I will be cross referencing the documents today, I will let you know if anything sticks out.

I’m in the middle of drafting a settlement offer and was about to complete it but decided to speak to the courts as I still haven’t received a DQ.

The agent I spoke to has left me kind of confused. He advised that the claim is now stayed but stayed automatically and not manually. When questioned further he advised that the claim time limit was reached and a stay was put on automatically which is why I probably did not receive the DQ. He then told me to get the DQ online and send it in anyways.

I’m not sure what the best thing to do would be now, is it worth me contacting Overdales before sending my settlement offer about the claim being stayed?

[MIKE770]

stayed means they have failed to follow court procedure and now if they wish to continue they have to pay to unstay a court case for it to continue., many do not as they have problems with paperwork, if they did pay to un stay it then later on you could through mediation which happens in these cases come to an agreement if you need to . lot o these companies hope you panic (as you are doing and cave in) even if they had no real case, up to you.!

[echat11]

Do nothing at the moment, see what they do. Although don't lose track of the situation.

[adot88]

echat11 Hey, hope you have been well.

Just wanted to let you know I’ve been away due to a family emergency and came home yesterday to see a letter for the courts giving me till 14/07 to respond to the directions questionnaire. I’m just about to call to see if this is still needed as the case was stayed from my last call but is there anything I should/shouldn’t do? I’m guessing the stay has been removed if the date is for the 14/07.

Thank you in advance.

[adot88]

echat11 just so you have all the information

The letter is titled “notice of proposed allocation to the small claims track”

take notice that:

this is now a defended claim
the defendant has filed a defence
(iit also says “a copy of which is enclosed” but that has. Alone through it)

it appears your case is suitable for allocation to the small claims track

if you believe that this track is not the appropriate track for the claim you must complete box c1 on the small claims directions questionnaire and explain why

then it’s the comply date

[echat11]

They want mediation, providing you have received all the documents state that you want mediation, tick the box.

https://legalbeagles.info/library/gu...questionnaire/

Send it to the same email address that you sent the Defence to. In the subject line write exactly the same as the Defence, but change Defence for Directions Questionnaire.

Send a copy to the Claimants make sure you get Proof of Postage.

[adot88]

echat11 Hi, I hope you’ve been well. It seems like it’s been a while since I last heard anything about all this. I’ve finally got somewhere with the mediation and have been given a date for the 21/09/2023. I just wanted to know what my next steps are from now and what I need to do during the mediation?

I’ve sent my confirmation for the appointment slot and have just been sitting up at night worried about it all.

I’ve read something about a Tomlin order and was wondering if I can request this during the mediation?

Again, thank you for all the help.

[echat11]

The Mediation lasts 1/2 hour. It's an opportunity to settle the matter. Set out your position, make an offer you are comfortable with (they bought the debt for pennies, but be realistic). Make notes / points so you are planned what you are going to say. Have some water next to you. Point out there is a 'cost of living' crisis etc. When you come to an acceptable offer, try to spread the payments over 8 months etc.

Watch - https://www.youtube.com/watch?v=tKesfMqSOfQ

https://nationaldebtline.org/fact-sh...f%20the%20debt.

[adot88]

Hey echat11 thought I finally update you guys about all this. In all honestly I’ve just wanted to forgot about all of this but unfortunately, the medication did not work and it had ended up getting to the courts. I’ve just now received a court date for February. In all
honestly not sure what my next steps are from this point. I’m considering to reach out to Lowell and Overdales directly to see if we can set up some kind of payment arrangement or even if they would considered some kind of reduction as I simply wouldn’t be able to afford what they were asking for. Any help would be appreciated as always

[adot88]

Hey echat11 thought I finally update you guys about all this. In all honestly I’ve just wanted to forgot about all of this but unfortunately, the mediation did not work and it had ended up getting to the courts. I’ve just now received a court date for February. In all
honestly not sure what my next steps are from this point. I’m considering to reach out to Lowell and Overdales directly to see if we can set up some kind of payment arrangement or even if they would considered some kind of reduction as I simply wouldn’t be able to afford what they were asking for. Any help would be appreciated as always