Tweet
Hi, woukd appreciate any advice on this please.
im at the stage of submitting my defence and have included a copy for checking. Im unsure what i should be saying or wording at point 10
Received a claim? Yes
Issue Date: 02/06/2025
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : 3800.00
Claimant’s Name: LOWELL PORTFOLIO I LTD
Solicitors Firm: OVERDALES
Original Creditor: NEWDAY LTD
Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The claim is for the sum of £3300.00 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a NewDay Ltd account with an account reference xxxxxxxx.
The Defendant failed to maintain contractual payments required by the agreement and a default notice was served under s87 (1) of the CCA 1974 which has not been complied with.
The debt was legally assigned to the Claimant on 06/11/2024, notice of which has been given to the Defendant.
The claim includes statutory interest under s.69 of the County Court Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these processings in the sum of £150.00
The claimant claims the sum of 3500.00
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): last payment and contact April 2021
List any letters you have sent (eg: CCA/ CPR ):
SARS to NewDay. CCA to Lowell. CPR to Overdales Solicitors.
Acknowledgement of service completed via MCOL
Any Other Information or Background Details:
Response from Overdales Solicitors 25th June 2025
Dear XXXX
A request has been raised for a copy of the Agreement and Default Notice. If available these will be sent to you upon receipt.
We confirm that our client has not claimed to have entered into any contract directly with you, nor to have been a party to your contact with the original creditor. The benefit of that contact was legally assigned to our client pursuant to section 136 of the Law of Property Act 1925 and the required notice of assignment was sent to you.
Please find the notice of assignment enclosed. Please also regard the notice of assignment as a formal demand for payment.
As you are aware, a County Court claim has been issued. You should respond to the claim form how you deem appropriate, as per the guidance on the form.
If you are admitting the debt in full and wish to pay by instalments please contact one of our agents, alternatively you can complete the form and return it by post to us or the court.
Please respond to the claim form withn 10 days. Failure to do so many result in a County Court Judgement in Default being entered against you.
your sincerely
Overdales Solicitors
---‐---------
many thanks for your time and advice
DRAFT DEFENCE attached
im at the stage of submitting my defence and have included a copy for checking. Im unsure what i should be saying or wording at point 10
Received a claim? Yes
Issue Date: 02/06/2025
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : 3800.00
Claimant’s Name: LOWELL PORTFOLIO I LTD
Solicitors Firm: OVERDALES
Original Creditor: NEWDAY LTD
Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The claim is for the sum of £3300.00 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a NewDay Ltd account with an account reference xxxxxxxx.
The Defendant failed to maintain contractual payments required by the agreement and a default notice was served under s87 (1) of the CCA 1974 which has not been complied with.
The debt was legally assigned to the Claimant on 06/11/2024, notice of which has been given to the Defendant.
The claim includes statutory interest under s.69 of the County Court Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these processings in the sum of £150.00
The claimant claims the sum of 3500.00
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): last payment and contact April 2021
List any letters you have sent (eg: CCA/ CPR ):
SARS to NewDay. CCA to Lowell. CPR to Overdales Solicitors.
Acknowledgement of service completed via MCOL
Any Other Information or Background Details:
Response from Overdales Solicitors 25th June 2025
Dear XXXX
A request has been raised for a copy of the Agreement and Default Notice. If available these will be sent to you upon receipt.
We confirm that our client has not claimed to have entered into any contract directly with you, nor to have been a party to your contact with the original creditor. The benefit of that contact was legally assigned to our client pursuant to section 136 of the Law of Property Act 1925 and the required notice of assignment was sent to you.
Please find the notice of assignment enclosed. Please also regard the notice of assignment as a formal demand for payment.
As you are aware, a County Court claim has been issued. You should respond to the claim form how you deem appropriate, as per the guidance on the form.
If you are admitting the debt in full and wish to pay by instalments please contact one of our agents, alternatively you can complete the form and return it by post to us or the court.
Please respond to the claim form withn 10 days. Failure to do so many result in a County Court Judgement in Default being entered against you.
your sincerely
Overdales Solicitors
---‐---------
many thanks for your time and advice
DRAFT DEFENCE attached
Comment