Overdales Solicitors / Lowell (Ex Newday CC)

[echat11]

O.K. so documents outstanding.
Without Prejudice email sent.

You need to fill in the DQ and send that off (very important). A copy to the Court and a copy to the Creditors solicitors.
Make sure you get Proof of Postage.

You want Mediation, but have not yet received the requested documentation.

[Jd2]

Great thanks, ill get that sent

[Jd2]

On the DQ where do I put that i havnt received document
is it section D1 suitabilityf for determination withouthearing ? And do I tick yes or no to this please. Other party have ticked yes

[echat11]

On the DQ where do I put that i havnt received document
is it section D1 suitabilityf for determination withouthearing ? And do I tick yes or no to this please. Other party have ticked yes

a) On the DQ where do I put that i havnt received document

F6 Where it says: Do you believe you, or a witness who will give evidence on your behalf, are vulnerable in any way which the court needs to consider?

b) is it section D1 suitabilityf for determination withouthearing ?

And do I tick yes or no to this please. Other party have ticked yes

No, not there.

You tick 'No' you want a Hearing in person.

[Jd2]

Hi,
ive received a reply from overdales Solicitors regarding my request to write of the debt, they asked for medical evidence(which i sent), they have now sent me the attached letter with a financial statement to complete. Im left with £8 a month so could offer them £5 a month but at my age this means id never live long enough to repay the full debt.

The court have sent me a date for mediation, is their any advice on preparing for this please?

I have also received the outstanding agreement & a default notice from Overdales. Also Lowell have sent it me daily for the last 9 days. Is there anyway to stop them sending it?


many thanks

[echat11]

a) ive received a reply from overdales Solicitors regarding my request to write of the debt, they asked for medical evidence(which i sent), they have now sent me the attached letter with a financial statement to complete. Im left with £8 a month so could offer them £5 a month but at my age this means id never live long enough to repay the full debt.

Complete the Income and Expenditure Form. Send with covering letter, make sure you write 'Without Prejudice Save as To Costs' on the letter.
You need to take into account the 'Cost of Living', i.e. energy, food etc. So you need a 'buffer', just in case things continue to go up. Offer £1 a month.
A Court will only ask you to pay what you can afford. It's pointless offering £5 a month, when in a few months that could change.

b) The court have sent me a date for mediation, is their any advice on preparing for this please?

Your position is that your circumstances won't be changing, the debt should be written off, you've complied with all their requests.
Ask for more advice nearer the time.

https://www.youtube.com/watch?v=tKesfMqSOfQ

c) I have also received the outstanding agreement & a default notice from Overdales. Also Lowell have sent it me daily for the last 9 days. Is there anyway to stop them sending it?

As an aside the documents they sent may not be compliant, so need to be checked. Keep diary (Lowell's communications), you can raise this at Mediation.

[Jd2]

Thank you. Appreciate your advice.
Is there any where i can check the document are compliant please as I wouldn't know what to look for.

im finding the daily letters from Lowell, (a copy of the same agreement & default notice) are increasing my anxiety aa its just a daily reminder that this is hanging over me.

[echat11]

Thank you. Appreciate your advice.
Is there any where i can check the document are compliant please as I wouldn't know what to look for.

im finding the daily letters from Lowell, (a copy of the same agreement & default notice) are increasing my anxiety aa its just a daily reminder that this is hanging over me.

You could send / email the following, amend to include your health conditions.
Make sure you write Without Prejudice on it.

https://nationaldebtline.org/get-inf...sment-warning/

[Jd2]

Hi, i sent the Financial information and explained that I could only afford £1 a month as I only have £7.70 left each month.
Overdales have replied yesterday with a Tomlin order for me to sign saying £5.00 per month for the amount of £3200. (With 14 days to return)
this is going to take me 53 yrs to pay, im 56 now so its unlikely ill complete the payments for 53 yrs.

Mediation is in 7 days, can i discuss this at Mediation ?

[echat11]

Hi, i sent the Financial information and explained that I could only afford £1 a month as I only have £7.70 left each month.
Overdales have replied yesterday with a Tomlin order for me to sign saying £5.00 per month for the amount of £3200. (With 14 days to return)
this is going to take me 53 yrs to pay, im 56 now so its unlikely ill complete the payments for 53 yrs.

Mediation is in 7 days, can i discuss this at Mediation ?

Email Overdales.

Write 'Without Prejudice' on the Email.

Thank them for their letter.
State that you've sent them an I and E form which they've ignored.
State that the same I and E form will be provided to the Judge / Court,
that will demonstrate that you can only afford £1 a month. State
that in 'essence' they will be 'wasting' Court time.

[Jd2]

Thank you. Just sent the email

[Jd2]

Hi, ive received this reply from overdales

"We thank you for your email of 9 September 2025 to say that your completed Income & Expenditure (I & E) Form demonstrate that you can only afford £1.00 per month

Based on the details you provided in the completed I & E form, your disposable income is shown as £7.71 per month. While we note you have offered to make repayments of £1.00 per month,we proposed a repayment of £5.00 per month based on your disposable income. We believe this amount is reasonable and reflects a fair contribution towards the outstanding balance.

We understand that financial circumstances can vary,and our aim is to agree a sustainable repayment plan that is manageable for you. If there are additional expenses or circumstances not reflected in your I&E Form that would make the £5.00 unaffordable,please provide details so we can review your position."

Mediation is in 5 days

[echat11]

Hi, ive received this reply from overdales

"We thank you for your email of 9 September 2025 to say that your completed Income & Expenditure (I & E) Form demonstrate that you can only afford £1.00 per month

Based on the details you provided in the completed I & E form, your disposable income is shown as £7.71 per month. While we note you have offered to make repayments of £1.00 per month,we proposed a repayment of £5.00 per month based on your disposable income. We believe this amount is reasonable and reflects a fair contribution towards the outstanding balance.

We understand that financial circumstances can vary,and our aim is to agree a sustainable repayment plan that is manageable for you. If there are additional expenses or circumstances not reflected in your I&E Form that would make the £5.00 unaffordable,please provide details so we can review your position."

Mediation is in 5 days

I would email back, thank them for their consideration.
Explain there is a 'Cost of Living Crisis', that is a reality.
If something 'unexpected' crops up then you don't want
to be in a position where you can't deal with it. Explain
that if the matter goes to Court, you will explain that
to the Judge / Court.

[Jd2]

Thank you. Ive emailed them

[Jd2]

Hi, ive not had a response to the email I sent overdales yet. I have the mediation tomorrow.

in my original letter asking for the debt to be written off, i asked for them to explain their reasons if they could not write it off. They haven't given me a reason so is it worth me asking about that at mediation

Alsi should I ask at the mediation for them to reconsider writing off the debt or just pick up with negotiating the £5 to a £1.