Claim received Lowell’s / Overdales

[Tracker90]

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.

[echat11]

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.

[Tracker90]

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?

[echat11]

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.

[Tracker90]

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?

[echat11]

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.

[Tracker90]

Hi,

The letter I received was from Overdales and contained a basic letter which stated that they “have raised a query with original creditor for a copy of the original agreement, statement of account and default notice, and if available will be sent in due course”. Also reminded me to file my defence by 13th October. They stated they have enclosed a copy of notice of assignment. There is a letter dated 4th March stating Lowell’s have bought the debt from Lloyds Banking Group (Halifax), this letter I never received originally. Then there is a copy of a letter which I assume is supposedly from Lloyds (Halifax) but honestly looks like something that someone did in 5 minutes on Microsoft word. Also dated 4th March, also never received this originally.

i Have started to write the basis of defence using the template example, but probably will need some help from here with this being my first time, any guidance would be appreciated.

[echat11]

Hi,

The letter I received was from Overdales and contained a basic letter which stated that they “have raised a query with original creditor for a copy of the original agreement, statement of account and default notice, and if available will be sent in due course”. Also reminded me to file my defence by 13th October. They stated they have enclosed a copy of notice of assignment. There is a letter dated 4th March stating Lowell’s have bought the debt from Lloyds Banking Group (Halifax), this letter I never received originally. Then there is a copy of a letter which I assume is supposedly from Lloyds (Halifax) but honestly looks like something that someone did in 5 minutes on Microsoft word. Also dated 4th March, also never received this originally.

i Have started to write the basis of defence using the template example, but probably will need some help from here with this being my first time, any guidance would be appreciated.

O.K. have a go at your Defence, copy / paste onto this thread without personal details, then I can take a look.

[Tracker90]

In the Northampton County Court Business Centre

Claim No: ******

LOWELL PORTFOLIO I LTD

Claimant

And

******

Defendant

DEFENCE

1.The Defendant received the claim ******* from the Northampton County Court on 12th September 2024 (here should I put the issue date or the date I actually received the letter?)

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 Unsecured Loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Lloyds Banking Group PLC 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 Lloyds Banking Group PLC to Lowell Portfolio I Ltd on 20/02/2024. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Lloyds Banking Group PLC 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 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.

10.On the 18/09/2024, 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.

11. Overdales Solicitors has sent a copy of the Notice of Assignment dated 04/03/2024. Overdales Solicitors have stated they have raised a query with the original creditor, Lloyds Banking Group PLC, for a copy of the credit agreement, statement of account and default notice, and if available, will be sent to the Defendant in due course.


12.On the 18/09/2024, The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

1. Regarding this - I haven’t asked.. but haven’t received all documents requested yet. - The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

15.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.

16.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.

17.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.

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

Statement of Truth

[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands 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 ________

Dated ________

[echat11]

Read it several times, once your happy you can file it with the Court via MCOL. You could send it to their solicitors if you want, make sure you get Proof of Postage.

In the Northampton County Court Business Centre

Claim No: XXXXXXX

LOWELL PORTFOLIO I LTD

Claimant

And

XXXXXXXXXX

Defendant

DEFENCE

1.The Defendant received the claim No. XXXXXXX from the Northampton County Court on 10th September 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 Loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Lloyds Banking Group PLC 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 Lloyds Banking Group PLC to Lowell Portfolio I Ltd on 20/02/2024. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Lloyds Banking Group PLC 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 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 18/09/2024, 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 Solicitors has only sent a copy of the Notice of Assignment dated 04/03/2024.

11.On the 18/09/2024, The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I 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 (4) 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 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 ________

Dated ________

[Tracker90]

echat11 Thank you!

i have read through it and entered missing parts, completed and submitted. What should be done when or if I do receive the extra documents I’ve asked for?

[echat11]

echat11 Thank you!

i have read through it and entered missing parts, completed and submitted. What should be done when or if I do receive the extra documents I’ve asked for?

Go through them, they have to be compliant, look for anomalies.

[Tracker90]

I have received an email from Overdales yesterday. Seems like they are adamant they have a case;

“We confirm receipt of your Defence which is understood. We note your allegation that our client’s Particulars of Claim were insufficiently pleaded yet the Claim was sufficiently clear for you to recognise, identify, and admit to entering the original credit agreement. It is denied that our client’s Particulars are insufficient; the requirement at CPR 16.4 is simply that a Claim set out a concise statement of the facts on which the Claim is brought. Whilst brief, our client’s Claim clearly does so.

Notices of Assignment in accordance with s136 Law of Property Act 1925 are attached hereto. Default Notice in accordance with s87 Consumer Credit Act 1974 (“CCA”) is attached hereto, along with a copy of the credit agreement for the provision of a fixed term loan and also the complete statement of account showing each and every payment and transaction from the outset and throughout. Your CCA request was acknowledged by us and we consider that this correspondence discharges any burden our client had to respond.

Settlement

The attached will be exhibited to the Court as clear and unequivocal evidence of your liability in the event that the matter proceeds. Our client has no wish to escalate further and you are therefore invited to make a reasonable offer in settlement by way of reply by 19 November 2024.

If no settlement is agreed, our client will proceed and please take this email as notice of our client’s intention to proceed.”


They have also attached copies of;

latest statement of account
notices of assignment dated 4th March 2024 (never received initially)
CCA agreement copy (not sure what needs to be on here as I have never seen one before)
default notice (dated 21st November 2024 after 2nd missed payment)


What would be the suggestions going forward from here? What should I look for in the attached copies they have sent?

kind regards

[echat11]

Email them ask for more time so that you can seek help.

Go through what they have sent you.

Check the Terms and Conditions, see what they say about Defaulting the account, as the account was Defaulted after 2 months, normally it's after 3 months.

https://www.legislation.gov.uk/ukpga...efault-notices

The Notice of Compliant should be compliant, have all the relevant details.

Posted for info only - https://lawzone.legal/when-is-a-cred...unenforceable/

[Tracker90]

Many thanks . I’ll email them now and go through what they have sent tonight. It’s ok to ask here if I see something I am not sure about?