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Lowell/Overdale Court Claim

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  • Lowell/Overdale Court Claim

    Received a claim? Yes/No: Yes
    Issue Date: 16th January 2024
    Have you Acknowledged the Claim?: No
    Total Amount Claimed : (£400) approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
    Claimant’s Name: Lowell
    Solicitors Firm: Overdales
    Original Creditor: 118 118 Money
    Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): Non-payment of said debt; even though this debt has been sold onto Lowell's from 118 118 Money and I have not acknowledged this debt. Have been in default for close to 6 years, however not entirely sure of the exact timeline.
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No/Not Sure
    List any letters you have sent (eg: CCA/ CPR ): None
    Any Other Information or Background Details: I am almost entirely sure since I originally defaulted on this debt to 118 118 Money and they consequently sold on this debt to Lowell's, I have not been in contact with Lowell.

    Any advice would be greatly appreciated, I’m currently 37 weeks pregnant and on SMP.

    Many thanks x
    Tags: None

  • #2
    Hi HMoore9822

    Welcome to LB

    Firstly try not to worry, calm yourself when you start thinking about it (their claim), listen to music, watch tv etc.

    A) You can Acknowledge of Service online via MCOL, (deny to all) that will give you an extra 14 days to file your defence, so that's 14 + 14, 28 days (plus 5 days postal, but don't rely on that) from the date on the claim form, make a note in your diary, as your Defence needs to be in within the 28 days.

    B) Send a 31.14 request to the Overdales Solicitors on the claim form, they have 7 days to respond after receipt of letter (keep an eye on that). Make sure you get Proof of Postage.

    *Also attach a letter stating that you are pregnant so need an extension to file your Defence, if they say no, then we can help you get your Defence in within 28 days*.

    https://legalbeagles.info/library/gu...-of-documents/

    C) Send a CCA request to Lowell, they have 12 days to provide a copy of the agreement, make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...etter-example/

    D) Send a SAR to 118 118 Money, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

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

    You need to lodge your Defence with the Court and their solicitor within 28 days. Do not forget.

    Update the thread when you get the requested information, but 5 days before your Defence is due we can advise.

    Comment


    • #3
      I’ve scrutinised the agreement and statements they sent. The agreement states one interest rate while there are 3 completely different interest rates on the statements and no letters detailing variation.

      if I was to try making an offer, does it go to the DC or solicitors.

      also today I received a letter from CNBC saying I haven’t completed the DQ. I have, by email, at the same time as the solicitors to which they’ve confirmed receipt of.

      Comment


      • #4
        Originally posted by Inquisitor View Post
        I’ve scrutinised the agreement and statements they sent. The agreement states one interest rate while there are 3 completely different interest rates on the statements and no letters detailing variation.

        if I was to try making an offer, does it go to the DC or solicitors.

        also today I received a letter from CNBC saying I haven’t completed the DQ. I have, by email, at the same time as the solicitors to which they’ve confirmed receipt of.
        a) I’ve scrutinised the agreement and statements they sent. The agreement states one interest rate while there are 3 completely different interest rates on the statements and no letters detailing variation.

        They should have informed you when they 'varied' the Terms and Conditions.

        b) if I was to try making an offer, does it go to the DC or solicitors.

        I would send it to Lowells (whoever you send it to, they will pass it to the other).

        On the offer letter, make sure you write 'Without Prejudice', include your personal circumstances.

        You can amend the following, take into account the' cost of living' i.e. energy, food etc. Give yourself some 'head room', only what you can afford to pay each month.


        c) also today I received a letter from CNBC saying I haven’t completed the DQ. I have, by email, at the same time as the solicitors to which they’ve confirmed receipt of.

        Email a copy of the email you sent to the Court and the solicitors confirmation letter to the CNBC.

        Comment


        • #5
          I e sent them an offer a week or two ago but not heard back yet. Although my circumstances have changed and I could pay a little more now. However, after checking my junk mail mediation has been arranged for the end of the week. I have asked for time off and I can’t get it at this short notice. It says I can’t rearrange the appointment. Can’t see if it’s mandatory anywhwre

          Comment


          • #6
            Even off work for several years due to a multitude of issues including health, been looking for a job for 18 months and although I eventually have one it’s not exactly permanent but still I’m desperate to keep it. Refusing hours or not turning up will really hurt me.

            Comment


            • #7
              Sorry I’m replying to wrong threat…broke my specs.

              Comment

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              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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