Lowell/Overdales

[Gruffolo]

Hello,

I have gotten myself into a "bit of a pickle" with some old debts which have now resurfaced via a Claim by Lowell via Overdales.

The notice of claim was made at Northampton Business Centre on the 21/03/2023 (dacted copy attached) and consists of:

3 credit accounts and 1 service account

I responded to the claim using all the guidance and templates that you brilliant people have published on here.
Acknowledgement was entered online at mycol within 14 days
CPR request was sent to Overdales and Lowell
CCA request sent to Lowell and copy to Overdales
Defence was submitted online at mycol within the 28 days
Dacted copies of all the above are attached

Overdales replied to my CPR request and sent varies documents (which some look to be made up) - but at this point hadn't provided copies of agreements; again copies are attached to this post
Then today which I guess is their reply to my defence sent an email with attachments of agreements, Notice of Assignments and Default Notices; again some of these don't look original. I have dacted the email and the attachments and attached them to this post.

One thing I am certain of is I have not made any payments to any of the credit accounts for over 6 years. However Overdales claim I made a payment of £5 on each two of the accounts in early 2018; The time line for these payments is odd as it would have been nearly a year from me defaulting the accounts in the first place... something is not right here.

The 3rd credit account is quite obvious from the information that I defaulted over 6 years ago. There has also been absolutely no contact made with any of the credit accounts in over 6 years.
The service account is from May 2018, which currently I feel I will have to negotiate a payment for.

Due to number of documents I have uploaded to Dropbox; they can be accessed here:

[DE DOGS]

This comes to mind, if you paid this £5 ask them what Bank they received it from, or ask them to prove how the payment was paid, I seem to remember that this has been tried before, there must be proof you paid, just my thoughts.

[MIKE770]

ask how paid? by whom?? when// receipt/ bank/postal order/ cash? who entered payment ? their problem if as usual it is a false allegation, Oh! office error? what bank ?

[Gruffolo]

This comes to mind, if you paid this £5 ask them what Bank they received it from, or ask them to prove how the payment was paid, I seem to remember that this has been tried before, there must be proof you paid, just my thoughts.

Thanks also DE DOGS; this is my thought too; prove and detail how these two supposed £5 payments were paid and how. Apparently they are both for the two separate Capital One claims!! I know certain 100% I made no payments and had zero contact. At the time these payments happened I was unemployed without a bean.... I didn't have a pot to you know!!

Do I respond to Overdales email with the questions about payments? Or do I write via letter?

I actually believe that all three credit accounts are statue barred not just the Hitachi account. Do I need to send the statue letter for each credit account? If someone could help here would be helpful.

Thanks,

[Gruffolo]

Documents: I have managed to edit all the documents so they are much clearer; attached are the first 6; ill follow up this post with others with attachments until all docs can be viewed.

[Gruffolo]

Second post with documents attached

[Gruffolo]

third post with documents attached

[Gruffolo]

Last post with documents attached.

[Gruffolo]

I have taken the advice given by MIKE770 and DE DOGS and replied to Overdales email; I have sent the following:


Dear Ms Gravil,

Your Reference: Lowell -v-


Thank you for forwarding further information regarding this claim.

To clarify a very important issue; I request detailed information regarding the two Capital One (Europe) plc elements of your clients claim. As below, the information forwarded by you included the following regarding supposed payments made on each of the accounts:

Capital One (Europe) plc (Capital) Account Reference 9035
The last payment on the account was in the sum of £5.00 on 2 February 2018.
Capital One (Europe) plc (Capital) Account Reference 5933
The last payment on the account was in the sum of £5.00 on 7 January 2018.
I wish to see details how both these payments were paid?
By whom?
When and where?
Receipt.
How they where paid - i.e. bank/postal order/ cash?
If by bank; which one?
Who entered payment ?

I wish to remind you that you should ensure compliance with your CPR 31 duties.

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.

I look forward to receiving the requested information in ful.

Regards,

[Gruffolo]

Evening everyone

An update

I have received no acknowledgment from Overdales regarding the email I sent requestrequesting details around the mysterious £5 payments.

Then this evening i received an email with their DQ attached. I have attached a screenshot of the email and of the DQ.

Can anyone advise please?

[Gruffolo]

I forgot to add that I have also sent to Lowell and Overdales by tracked mail a statute barred letter for each of the credit claims. POD from Overdales was Monday 24th April.

Why would Overdales ignore and continue with the DQ?

[Gruffolo]

Can anyone help please? I'm out my depth with this.

[MIKE770]

echat11

[echat11]

Send each of the following '3 credit accounts and 1 service account', so the original creditor, Hitachi, Capital One etc a Subject Access Request, they have 30 days to provide all the information on the account for at least a 6 year period. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

You could also send your bank/s a SAR, to establish if the claimed payments of £5 left your account/s.

[echat11]

Thanks also DE DOGS; this is my thought too; prove and detail how these two supposed £5 payments were paid and how. Apparently they are both for the two separate Capital One claims!! I know certain 100% I made no payments and had zero contact. At the time these payments happened I was unemployed without a bean.... I didn't have a pot to you know!!

Do I respond to Overdales email with the questions about payments? Or do I write via letter?

I actually believe that all three credit accounts are statue barred not just the Hitachi account. Do I need to send the statue letter for each credit account? If someone could help here would be helpful.

Thanks,

In your defence did you state that 3 accounts are statute barred?