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Court Claim Lowell/Overdales

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  • Court Claim Lowell/Overdales

    I've received a court claim this morning from Lowells/Overdale relating to two debts. Being honest I've buried my head in the sand the last few years when it's come to debt, so any help would be gratefully received.

    Received a claim? Yes/No: Yes
    Issue Date: 3/7/2024
    Have you Acknowledged the Claim?: No
    Total Amount Claimed : £1300
    Claimant’s Name: Lowell Portfolio 1
    Solicitors Firm: Overdales
    Original Creditor: Sky & Capital One
    Original Debt (eg. Credit card/Loan/Overdraft) : Sky - presume relating to TV & broadband subscription, Capital One - credit card
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    1. The claim comprises the following agreements entered into:
    a. Sky UK Ltd with reference xxx and current balance £yyy
    b. Capital One ((Europe) plc with reference xxx and current balance £yyy
    The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.
    And the claimant claims:
    a) the total of the said sums being £xxx
    b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year being £xxx
    c) costs

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Both debts under 6 years old
    List any letters you have sent (eg: CCA/ CPR ): None
    Any Other Information or Background Details:
    Sky account ended when I moved house in April 2019, gave correct notice, all payments including final payment up to date (paid by direct debit) so no idea what this is for.
    Capital One - stopped paying and buried my head in the sand
    When was the account opened? Sky - January 2018, Capital One January 2021
    Tags: None

  • #2
    Hi FRESHNET

    Welcome to LB



    a) First Acknowledge Service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

    https://legalbeagles.info/library/gu...ledge-a-claim/

    b) Send a SAR request to Sky and Capital One, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

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

    c) Send a CCA request to Lowells, 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 Lowells a letter requesting their Terms and Conditions when the agreement was taken out. Make sure you get Proof of Postage (The service agreement isn't covered by the CCA 1974).


    e) Send a CPR 31.14 request to Overdales, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

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

    f) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

    https://legalbeagles.info/library/gu...-court-claims/

    Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

    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.
    2 of 2 < >

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