County Court Claim from Overdales

[ianshep01]

Hi,
I have recieved a claim from Overdales regarding an old credit card debt from Newday, i have dealt with this stuff before but it was a few years ago and hsve forgotten most of it and would please like some help with this. I have been reading through other peoples posts to get some info and listed below where i am up to with this.

Received a claim? Yes
Issue Date:30/08/2024
Have you Acknowledged the Claim?: Yes through MCOL
Total Amount Claimed : £600
Claimant’s Name: Lowell Portfolio Ltd
Solicitors Firm: Overdales
Original Creditor: Newday
Original Debt : Creditcard
Particulars of Claim: : The claim is for £600 due by the defendant under an agreement regulated by the consumer credit act 1974 for a NewdayLtd account with an account reference xxxxxxx.
The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1974 which has not been complied with.
The debt was originally assigned to the claimant on 13/10/22, notice of which was given to the defendant.
The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annumfrom the date of assignment to the date of issue of these procedings in the sum of £28.78.
The claiment claimes the sum of £700

Is the debt Statute Barred : No
List any letters you have sent (eg: CCA/ CPR ):
sending CPR 31.14 to overdales today.
Sending CCA request to Lowells today.
Sending SAR request to Newday today.

Any help would be much appreciated.
Thanks
Ian

[echat11]

Hi IANSHEP1

Welcome to LB

Update when you get responses to CPR 31.14 / CCA / SAR.

They haven't stated in the PoC when the account was opened.
They haven't said when the Default notice was issued.

a) 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.

[ianshep01]

Thanks for the reply
I will wait till i get some replys to the letters i have sent and update you , my defence is due on the 27/09/2024 i will come back for some help with my defence 5 days prior to that.
Thanks again
Ian

[ianshep01]

Hi i just wanted to update you.
I have had nothing back from either Newday or Lowell but overdales have sent me the Notice of Assignment , Default and a copy of the credit agreement but upon reading through the credit agreement nowhere does it say what the original amount of credit was it just sets out the tems and conditions.
Thanks
Ian

[Pezza54]

A credit card agreement normally states a credit limit. If the company hasn't increased the limit and the customer exceeds the limit, the company should write a warning letter to the customer, letting them know they are adding penalty charges as the original agreement

[ianshep01]

Ah ok thanks, they did also send me a staement that says the credit limit on it I pressume that is what you are talking about.
I think I might be on a loosing battle here and may write them a letter saying i will pay £50 a month before it gets to court i dont want a CCJ.

[echat11]

Ah ok thanks, they did also send me a staement that says the credit limit on it I pressume that is what you are talking about.
I think I might be on a loosing battle here and may write them a letter saying i will pay £50 a month before it gets to court i dont want a CCJ.

The agreement should have the prescribed terms.

https://lawzone.legal/when-is-a-cred...unenforceable/

File your defence (we can help with that), you will have an opportunity to Mediate with the Creditor, ask them to remove charges and interest.

[ianshep01]

Hi, Thanks for the help.
I have been having a good read or the Credit Agreement ”. There is no mention of the credit limit the only thing it says about how much I can borrow I have pasted below

"How much can you borrow?
Your credit limit is set by us when we open your account and we will tell you what it is when we send you your card.
We may give you a temporary credit limit before this. The credit limit is the total amount you can borrow from us at
any one time. We take into account a number of factors when deciding your credit limit.
We will keep your credit limit under review throughout the time we have this Agreement with you and we may
change it from time to time and will let you know if we do. You can tell us if you do not want us to increase your credit
limit or if you want us to decrease it. See How can you control your credit limit? and Can we refuse to authorise a
transaction, suspend your account or decrease your credit limit?
Your balance must never be more than your credit limit. If it is, you must repay us the amount over your credit limit
immediately. lfwe do allow you to go over your credit limit this does not mean we have waived the terms of this
Agreement or that we will let you do it again. See What could happen if you miss payments or go over your credit
limit?
We may set different limits for purchases, cash, balance transfers, money transfers or travel money and will let you
know what these are. We may change these limits."

Sorry i deleted the bottom part i wrote about the deed of assignment as i have just found another letter they sent me with the formal Notice.

Thanks for helping me and offering to help with my defence it is due buy the 27th.

Ian

[echat11]

O.K. start working on your defence, post 2.

[ianshep01]

Hi and Thanks for the reply

I have looked through the papers sent and it seems the default notice attached for failiure of certain payments not for the full amount so have have wrote my defence like this.

In the Northampton County Court Business Centre

Claim No : xxxxxxx

Lowell Portfolio Ltd

Claimant

And

xxx

Defendant

DEFENCE

1.The Defendant received the claim xxxxxxx from the Northampton County Court on 30^th August 2024
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Card Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Newday Ltd for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Newday Ltd to Lowell Portfolio Ltd on 13^Th October 2022. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Newday Ltd served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the 09/09/2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.Overdales has not sent the Default Notice or the a copy of the original agreement to the Defendant.

11.On the 09/09/2024 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed
xxx

Dated
xxxxxxxxx

Thanks in advance for an help with this.

[ianshep01]

This is what the default says im pressuming it needs to be a default for the full amount of the agreement that they should send:

Dear Mr xxx
We are sending you this notice in compliance with the Consumer Credit Act 1974 because you have incurred
default sums on your account with us.
Date default sum payable Description of default sum Amount of Default Sum
20 Mar 22 Late Fee £12.00
20 Mar 22 Unpaid Direct Debit Fee £12.00
Total amount of default sums shown on this notice: £24.00
This Notice does not take account of default sums which we have already told you about in another default
sum notice, whether or not those sums remain unpaid.
Interest
We are not entitled to charge you interest on the default sums for the first 28 days after we have given you
this notice. However if the sums are not paid in full by that date interest will be charged at the rate of
26.728% Since this interest rate is a variable rate, the rate which we will apply to the default sum once the
28 days have passed may be different.
If you have any queries in relation to your account or why we are sending you this notice, please call us on
0333 220 2688. Calls are charged at a standard national rate. Calls may be recorded and monitored for
training and security purposes and to help us manage your account.
Yours sincerely,
xxx
Head of Collections
Credit

[echat11]

I'll have look at the defence.

Your defence at this point is only addressing their Particulars of Claim.

Agreement, Default Notice and Assignment, can wait.

[EXC]

I've edited out the names in the OP's last two posts.

[echat11]

I've edited out the names in the OP's last two posts.

Many thanks.

[echat11]

Perfect, read through it a couple of times, once your happy, you can file it with the Court online via MCOL.

You could send a copy to the Claimants solicitors, make sure you get Proof of Postage.

Update the thread when you get a response.


In the Northampton County Court Business Centre

Claim No : xxxxxxx

Lowell Portfolio Ltd

Claimant

And

xxx

Defendant

DEFENCE

1.The Defendant received the claim xxxxxxx from the Northampton County Court on 30^th August 2024

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Card Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Newday Ltd for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7.The Claimants statement of case states that the account was assigned from Newday Ltd to Lowell Portfolio Ltd on 13^Th October 2022. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Newday Ltd served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the 09/09/2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.Overdales has not sent the Default Notice or the a copy of the original agreement to the Defendant.

11.On the 09/09/2024 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed
xxx

Dated
xxxxxxxxx