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Claim received Lowell’s / Overdales

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  • Claim received Lowell’s / Overdales

    Hello,
    I have received a court claim from Overdales on behalf of Lowell’s. Not sure the exact process here so just looking for some advice along the way with how best to deal with them.
    Received a claim? Yes
    Issue Date: 10/09/2024
    Have you Acknowledged the Claim?: Yes through MCOL
    Total Amount Claimed : £3100
    Claimant’s Name: Lowell Portfolio Ltd
    Solicitors Firm: Overdales
    Original Creditor: Halifax / Lloyds
    Original Debt : Personal loan
    Particulars of Claim: : The claim is for the sum of £3100 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Lloyds Banking Group PLC account with an account reference of xxxxxxxxx. The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 20-02-24, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £3100.
    Is the debt Statute Barred : No
    List any letters you have sent (eg: CCA/ CPR ):
    Sent CPR 31.14 to Overdales 19/09/24
    Sent CCA request to Lowells 19/09/24
    Haven’t sent a SAR request yet but may not be able to as I am in Spain for 3 weeks currently.

    What is the overall objective here? Is it to ride it out as long as possible for negotiating the lowest settlement? Or to just see if they can even enforce it?

    Also - what happens if someone moves abroad while all of this is happening? Does anyone have an idea or experience with that?

    many thanks.
    Tags: None

  • #2
    Hi TRACER90

    Welcome to LB

    Firstly you need to keep on top of this.

    What is the overall objective here?

    Help to defend the claim providing you have a defence.

    Is it to ride it out as long as possible for negotiating the lowest settlement?

    There might be the possibility of Mediation, you can make Without Prejudice Offers to settle the matter throughout the process.

    Or to just see if they can even enforce it?

    They are trying to 'enforce' it, they've made a Claim, so they think they can.

    b) The following is an example Defence just have a look at it -

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

    After you've acknowledged service of the claim, you have 28 days in total from the date on the claim form to file you Defence with the Court (plus 5 days postal - you should not need this). Post an update if you get any documents through from your requests. Post on the thread with 5 days left so we can help you with your Defence.

    Comment


    • #3
      Thank you Echat11 for your reply. Well there maybe be a couple of things such as I don’t actually recall receiving an LBA from these guys.. I’d have to look to see if I received the notice of assignment originally also. Do you file the defence via post only?

      Comment


      • #4
        Originally posted by Tracker90 View Post
        Thank you Echat11 for your reply. Well there maybe be a couple of things such as I don’t actually recall receiving an LBA from these guys.. I’d have to look to see if I received the notice of assignment originally also. Do you file the defence via post only?
        You can file your Defence via MCOL platform.

        Any Offers that make need to have 'Without Prejudice' on them so that letter can't be used against you in the case, only after the case it may matter.

        Comment


        • #5
          Hello,

          thats good to know as I’m still not in the UK. I have had one letter arrive out of 2 requested, not sure which yet but I will know today. Whichever one hasn’t arrived, would this form part of the defence?

          Comment


          • #6
            Originally posted by Tracker90 View Post
            Hello,

            thats good to know as I’m still not in the UK. I have had one letter arrive out of 2 requested, not sure which yet but I will know today. Whichever one hasn’t arrived, would this form part of the defence?
            Depends what it is and what it says, e.g. it could be they need more time to provide the documentation, so extending the time to lodge your defence etc.

            Comment

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