Buried my head now I have a claim

[adot88]

mediation*

[echat11]

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

As always, stay calm. Mediation doesn't always work.

Are the documents compliant?

Did you apply for the account online?

Did you go through the documentation they sent you?

Check the statements they have sent you, do they have different interest rates?

[adot88]

echat11 Hi, I hope you are well. I wish I could say I’ve been able to properly look over the documents but in all
honestly between my own mental health and my children’s health being bad, I’ve had a skim over the documents just today and it does seem in order, they’ve sent my original agreement all signed electronically as it was and also sent me my statement which tally’s up. I’m not sure if the interest is different but all the charges add up and the interest on the agreement sent matches my original documents sent over. I don’t think I’d have any standing in court. I’m thinking to just contact Overdales directly and to see if they would be happy to do a payment plan and the most minimum available as I literally have nothing to my name. Unfortunately, it probably will impact my credit score for the next six years but I won’t be able to do a payment outright as it is. The court date is next month so I’m hoping some mercy would be given to set the payment plan.

[adot88]

Not sure if this would help anything in terms of defence, l've gone over the documents and searched high and low on the internet for some kind of guidance on the going to court side of things but here it is anyway:

My default notice from Newday was sent to my address at the time, the letter was dated for 2xth May 2020

Lowell sent me my Notice of Assignment letter dated Xnd December 2020 to my old address (my previous address to the one on the default notice)

the above are documents sent by Lowell themselves to me.

my old address is on the CCA which is correct of when the contract was taken out - l've just noticed that at the bottom of CCA it says esignature by customer and just states the date and time - no actual tick box or signature (can't remember if I did do any kind of signature or tick a box but not sure if it should show something either?)

Would it be worth me checking if Overdales have paid the trial fee? Would I get notice if this has not been paid given the courts have been backlogged.

Also, I’’m not sure what my next steps would be in terms of sending over a defence, I mean at this point what can I even say? My court date is for the 9th of feb and from what I’ve read I think I need to send in a bundle of some sort before 14 days prior of the court date (the 26th of January), any help would be appreciated on this.

I know this is quite delayed and thank you for any help given and that has been given. In all honesty, it’s been quite difficult with my own mental health battles plus having two kinds under 4 with one who is ill, the only time I get to think about all this is during the early hours of the morning, which is when im usually two burnt out from
the day to do even think straight. I’m sorry for the sob story here….

[adot88]

Sorry for the bombardment, I just noticed that in the original claim letter sent it was stated that "The debt was legally assigned to the claimant on 20-11-20, notice of which has been given to the defendant." The notice of assignment sent by Overdales states they purchased the debt on the 20/11 but letter was dated for 2nd dec for my old address - it's probably nothing to stand on but is this something useful?

[echat11]

echat11 Hi, I hope you are well. I wish I could say I’ve been able to properly look over the documents but in all
honestly between my own mental health and my children’s health being bad, I’ve had a skim over the documents just today and it does seem in order, they’ve sent my original agreement all signed electronically as it was and also sent me my statement which tally’s up. I’m not sure if the interest is different but all the charges add up and the interest on the agreement sent matches my original documents sent over. I don’t think I’d have any standing in court. I’m thinking to just contact Overdales directly and to see if they would be happy to do a payment plan and the most minimum available as I literally have nothing to my name. Unfortunately, it probably will impact my credit score for the next six years but I won’t be able to do a payment outright as it is. The court date is next month so I’m hoping some mercy would be given to set the payment plan.

Stay calm.
When is the Court date?

[adot88]

It’s the 9th of Feb echat11

[echat11]

a) In your Defence Statement you've stated you've received the Notice of Assignment. That's fine.

The following is clearly important:-

'My default notice from Newday was sent to my address at the time, the letter was dated for 2xth May 2020

Lowell sent me my Notice of Assignment letter dated Xnd December 2020 to my old address (my previous address to the one on the default notice)'

In your Defence Statement you state they issued a Notice of Assignment, but you didn't receive it. You've highlighted that they had the address, but sent it to your old address. You have evidence, two different addresses on the Default Notice and Notice of Assignment which you can state in your Witness Statement.

b) 'my old address is on the CCA which is correct of when the contract was taken out - l've just noticed that at the bottom of CCA it says esignature by customer and just states the date and time - no actual tick box or signature (can't remember if I did do any kind of signature or tick a box but not sure if it should show something either?)'

There should be a Tick Box, again something you state in your Witness Statement.

c) Would it be worth me checking if Overdales have paid the trial fee? Would I get notice if this has not been paid given the courts have been backlogged.

Yes.

d) 'Also, I’’m not sure what my next steps would be in terms of sending over a defence, I mean at this point what can I even say? My court date is for the 9th of feb and from what I’ve read I think I need to send in a bundle of some sort before 14 days prior of the court date (the 26th of January), any help would be appreciated on this.'

You will need to prepare a Trial Bundle 14 days before the Hearing. Trial Bundle will be the evidence documents you are relying on and your Witness Statement. You send a copy to the Court and Overdales, make sure you get Proof of Postage.

https://legalbeagles.info/forums/for...ess-statement/

e) 'I just noticed that in the original claim letter sent it was stated that "The debt was legally assigned to the claimant on 20-11-20, notice of which has been given to the defendant." The notice of assignment sent by Overdales states they purchased the debt on the 20/11 but letter was dated for 2nd dec for my old address - it's probably nothing to stand on but is this something useful?'

As above this needs to be highlighted in your Witness Statement.

Update with your thoughts.

[adot88]

That sounds good, I’ll get a draft witness statement written up and sent over so you can have a read over. Is this something that would be considered as a strong defence to stop this going further? What could be the outcome of this, in your experience? echat11

[echat11]

That sounds good, I’ll get a draft witness statement written up and sent over so you can have a read over. Is this something that would be considered as a strong defence to stop this going further? What could be the outcome of this, in your experience? echat11

You should of received a Notice of Assignment, but their story doesn't stack up. At the end of the day, the Judge / Court will decide. Overdales will receive your evidence / Witness Statement 14 before the Hearing, very interesting to see what they do.

What you need to do is, fill in an income / expenditure form, take into account the 'cost of living' energy, food etc. The Court would only ask you to pay what you can afford, it's a non priority dent, so if that's £1 per month, so be it.

[adot88]

Would I include my income/expenditure form with my trial pack that is sent out?

also would they send over what they intend to counter with, so I’m prepared?

Also, not sure if it’s worth mentioning, the NoA was sent to my parents address where I used to live but become estranged to due to financial abuse, I’m not if they opened the letter or not but the risk of them opening the letter would have been very detrimental for me. Should I include this in my witness statement?

[echat11]

Would I include my income/expenditure form with my trial pack that is sent out?

also would they send over what they intend to counter with, so I’m prepared?

Also, not sure if it’s worth mentioning, the NoA was sent to my parents address where I used to live but become estranged to due to financial abuse, I’m not if they opened the letter or not but the risk of them opening the letter would have been very detrimental for me. Should I include this in my witness statement?

a) Would I include my income/expenditure form with my trial pack that is sent out?

No.

b) also would they send over what they intend to counter with, so I’m prepared?

They might once they get your evidence / document and Witness Statement.

c) Also, not sure if it’s worth mentioning, the NoA was sent to my parents address where I used to live but become estranged to due to financial abuse, I’m not if they opened the letter or not but the risk of them opening the letter would have been very detrimental for me. Should I include this in my witness statement?

That's valid, it's a breach of Data Protection principles, this goes into your evidence / Witness Statement.

[adot88]

Thank you echat11 im just starting my witness statement and trying to find the best way to word it, is there any guide or example you could
point me towards?

[echat11]

Thank you echat11 im just starting my witness statement and trying to find the best way to word it, is there any guide or example you could
point me towards?

This is guidance, don't rush it, read through it, make notes of the structure and hints, then have a go.
Take your time doing it, you have until the 26th.

https://hallellis.co.uk/preparing-witness-statements/

[adot88]

Morning echat11, still writing my witness statement, in all honestly it’s a lot harder to word than I thought. I was just going to ask, who is that I call to check if the court fee is paid, nothing really concrete online, is it just the county court business centre?