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County Court Claim from Overdales

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  • County Court Claim from Overdales

    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
    Tags: None

  • #2
    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.

    Comment


    • #3
      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

      Comment

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