Overdales Solicitors / Lowell Money Claim - Debit Card Debt

[drobmet]

Hi All, and thanks in advance for your time and efforts in reading my post,

I’d really like some help and advice if possible please. I have buried my head in the sand regarding this for too long, and feel really out of my depth. I appreciate I have perhaps left things too long, for which I take full responsibility, but better late than never.

If my understanding of the Claim is correct, (14 days from issues date + 5 days for posting ) I have until Wednesday 4th January to respond to the claim, so would really like some quick advice soon if at all possible on how best to proceed with this.

As required:

-----
Received a claim? Yes

Issue Date: 16th January 2026

Have you Acknowledged the Claim?: No

Total Amount Claimed : £4000

Claimant’s Name: Lowell Portfolio

Solicitors Firm: Overdales solicitors

Original Creditor: HSBC

Original Debt: Debit Card with Overdraft

Particulars of Claim: The claim is for the sum of £XXXX due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a HSBC UK Bank plc account with an account reference of XXXX. 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 19-12-23, 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 £XXX. The Claimant claims the sum of £XXXX.

Is the debt Statute Barred: No

List any letters you have sent: CCA

Any Other Information or Background Details: This was a long standing debit account which was in good order, until the pandemic. The cost of living crisis, unemployment, and becoming a permanent carer for family lead to this account being closed in 2022 by the bank, due to my being unable to make payments. Circumstances have not changed, and I am unable to clear this debt.

When was the account opened? 2006
-----


I include copies of some of the redacted letters I have received regarding this claim.

Court Claim

https://ibb.co/MxxmNkC6

Overdales Notice of Claim

https://ibb.co/PZMxzjZz

Something I would most like advice on, is the document linked below. In response to my CCA to Overdales, they sent me back the following response, together with lots of statements stretching back to around 2018. The statements were indeed of my account. I can only assume what they say on their letter is true, but I would like advice on their response and if there is anything questionable or incorrect about it, or if they have indeed provided all the required documentation as per law, to continue with this claim?

https://ibb.co/HLpsfTDL

Many thanks again for your time

[echat11]

Hi Drobmet

Welcome to LB

a) First Acknowledge service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to HSBC, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA request to Lowell, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to Overdales Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) 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/

Update the thread as you get information through.

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.

[drobmet]

Hi ECHAT11, and thanks so much for your helpful response,

My apologies for having not been able to respond sooner to your message, but I wanted to share how grateful I am, it helped calm me down and get my thoughts together. Thank you.

I have now completed my SAR, CCA, and CPR letters, and they are ready to go. However wanted to clarify some things prior to sending them, if I may?

1a. I have acknowledged service of the claim, submitted on the 4th, and received on the 5th. However am I correct in understanding I have 28 days plus 5 days postal from the date of acknowledgement to work on my defence? Or is this from the issue date of the claim?

1b. If the answer to the above is the latter, and I have misunderstood, should I be sending my SAR and CCA anyway, given they likely won’t be responded to in time?

2a. The document I requested more help with above specifically states; ‘In relation to your request for the original credit agreement, as the account relates to a service agreement and not a credit agreement; it is not governed by the provisions of the Consumer Credit Act 1974. Therefore, there is no statutory requirement to complete and sign any such 'agreement' in order to obtain an account of this nature… if no signed contract ever existed then it cannot be provided.’ This seems at odds with the Particulars of this claim, where it is stated: ‘The claim is for the sum of £XXXX due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a HSBC UK Bank plc account…’ What I would like to understand, is whether I should be expecting / asking HSBC for any form of agreement related to this, or whether I should not be expecting one, because Overdales are correct? I did have and use an overdraft service on this account, which included both pre arranged and non arranged use.

2b. Following on from my previous question, should I be expecting/asking for the same documentation from Lowell and Overdales?

3. What might I do, if I do not receive the information requested by the deadline of having to file my defence? Or will we cross that bridge when it comes?

Thanks again so much for all your efforts

[echat11]

Hi ECHAT11, and thanks so much for your helpful response,

My apologies for having not been able to respond sooner to your message, but I wanted to share how grateful I am, it helped calm me down and get my thoughts together. Thank you.

I have now completed my SAR, CCA, and CPR letters, and they are ready to go. However wanted to clarify some things prior to sending them, if I may?

1a. I have acknowledged service of the claim, submitted on the 4th, and received on the 5th. However am I correct in understanding I have 28 days plus 5 days postal from the date of acknowledgement to work on my defence? Or is this from the issue date of the claim?

1b. If the answer to the above is the latter, and I have misunderstood, should I be sending my SAR and CCA anyway, given they likely won’t be responded to in time?

2a. The document I requested more help with above specifically states; ‘In relation to your request for the original credit agreement, as the account relates to a service agreement and not a credit agreement; it is not governed by the provisions of the Consumer Credit Act 1974. Therefore, there is no statutory requirement to complete and sign any such 'agreement' in order to obtain an account of this nature… if no signed contract ever existed then it cannot be provided.’ This seems at odds with the Particulars of this claim, where it is stated: ‘The claim is for the sum of £XXXX due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a HSBC UK Bank plc account…’ What I would like to understand, is whether I should be expecting / asking HSBC for any form of agreement related to this, or whether I should not be expecting one, because Overdales are correct? I did have and use an overdraft service on this account, which included both pre arranged and non arranged use.

2b. Following on from my previous question, should I be expecting/asking for the same documentation from Lowell and Overdales?

3. What might I do, if I do not receive the information requested by the deadline of having to file my defence? Or will we cross that bridge when it comes?

Thanks again so much for all your efforts

1a. I have acknowledged service of the claim, submitted on the 4th, and received on the 5th. However am I correct in understanding I have 28 days plus 5 days postal from the date of acknowledgement to work on my defence? Or is this from the issue date of the claim?

It's 28 days plus 5 from the issue date on the Claim Form.

1b. If the answer to the above is the latter, and I have misunderstood, should I be sending my SAR and CCA anyway, given they likely won’t be responded to in time?

The important thing is that you've sent them. If you don't receive them before you are due to lodge your Defence (can be done via MCOL) with the Court.
You can email their solicitors stating that you are extending their time to provide the requested documents under CPR 15.5, providing they allow you to file your Defence 14 days after you receive the documents.

2a. The document I requested more help with above specifically states; ‘In relation to your request for the original credit agreement, as the account relates to a service agreement and not a credit agreement; it is not governed by the provisions of the Consumer Credit Act 1974. Therefore, there is no statutory requirement to complete and sign any such 'agreement' in order to obtain an account of this nature… if no signed contract ever existed then it cannot be provided.’ This seems at odds with the Particulars of this claim, where it is stated: ‘The claim is for the sum of £XXXX due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a HSBC UK Bank plc account…’ What I would like to understand, is whether I should be expecting / asking HSBC for any form of agreement related to this, or whether I should not be expecting one, because Overdales are correct? I did have and use an overdraft service on this account, which included both pre arranged and non arranged use.

Lets see what they send. I believe authorised overdrafts are regulated under the CCA1974. They have stated that the agreement was taken out under CCA1974.

2b. Following on from my previous question, should I be expecting/asking for the same documentation from Lowell and Overdales?

You only need to request it from the Creditor, Lowell's. You don't need to make further CCA requests.

3. What might I do, if I do not receive the information requested by the deadline of having to file my defence? Or will we cross that bridge when it comes?

Answered in 1b.

[drobmet]

1a. I have acknowledged service of the claim, submitted on the 4th, and received on the 5th. However am I correct in understanding I have 28 days plus 5 days postal from the date of acknowledgement to work on my defence? Or is this from the issue date of the claim?

It's 28 days plus 5 from the issue date on the Claim Form.

1b. If the answer to the above is the latter, and I have misunderstood, should I be sending my SAR and CCA anyway, given they likely won’t be responded to in time?

The important thing is that you've sent them. If you don't receive them before you are due to lodge your Defence (can be done via MCOL) with the Court.
You can email their solicitors stating that you are extending their time to provide the requested documents under CPR 15.5, providing they allow you to file your Defence 14 days after you receive the documents.

2a. The document I requested more help with above specifically states; ‘In relation to your request for the original credit agreement, as the account relates to a service agreement and not a credit agreement; it is not governed by the provisions of the Consumer Credit Act 1974. Therefore, there is no statutory requirement to complete and sign any such 'agreement' in order to obtain an account of this nature… if no signed contract ever existed then it cannot be provided.’ This seems at odds with the Particulars of this claim, where it is stated: ‘The claim is for the sum of £XXXX due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a HSBC UK Bank plc account…’ What I would like to understand, is whether I should be expecting / asking HSBC for any form of agreement related to this, or whether I should not be expecting one, because Overdales are correct? I did have and use an overdraft service on this account, which included both pre arranged and non arranged use.

Lets see what they send. I believe authorised overdrafts are regulated under the CCA1974. They have stated that the agreement was taken out under CCA1974.

2b. Following on from my previous question, should I be expecting/asking for the same documentation from Lowell and Overdales?

You only need to request it from the Creditor, Lowell's. You don't need to make further CCA requests.

3. What might I do, if I do not receive the information requested by the deadline of having to file my defence? Or will we cross that bridge when it comes?

Answered in 1b.

Thanks so much for such a quick reply ECHAT11, it is supremely useful today, and I am extremely grateful.

I will get these out later today, or tomorrow morning.

Based on 1a, I have indeed miscalculated. My defence will have to be in by 18th Feb 2026. This means even if I send the documents today, the CPR is the only one likely to yield results before the deadline, and even that could be on or just after.

Am I correct in assuming I would be messaging Overdales the day before defence is due, stating that they are yet to provide the data requested and so an extension is required?

Would this also apply to the SAR and CCA, or would Overdales / Court not care about whether I can get those or not?

I assume also, if I receive the data past the deadline, and I am not permitted an extension on defence, the data would no longer be useful to me in this case?

Thanks again for your efforts.

[echat11]

Thanks so much for such a quick reply ECHAT11, it is supremely useful today, and I am extremely grateful.

I will get these out later today, or tomorrow morning.

Based on 1a, I have indeed miscalculated. My defence will have to be in by 18th Feb 2026. This means even if I send the documents today, the CPR is the only one likely to yield results before the deadline, and even that could be on or just after.

Am I correct in assuming I would be messaging Overdales the day before defence is due, stating that they are yet to provide the data requested and so an extension is required?

Would this also apply to the SAR and CCA, or would Overdales / Court not care about whether I can get those or not?

I assume also, if I receive the data past the deadline, and I am not permitted an extension on defence, the data would no longer be useful to me in this case?

Thanks again for your efforts.

a) Am I correct in assuming I would be messaging Overdales the day before defence is due, stating that they are yet to provide the data requested and so an extension is required?

No, send the email on the 12th February. Remember they may not look at emails straight away, it may take several days, but you get the email in within 28 days.

b) Would this also apply to the SAR and CCA, or would Overdales / Court not care about whether I can get those or not?

You have all the information you need to file your Defence, but if they provide or don't provide the documents, that can be stated in the Defence.

c) I assume also, if I receive the data past the deadline, and I am not permitted an extension on defence, the data would no longer be useful to me in this case?

No, it (extension) has to be agreed with the Creditor / Solicitors, otherwise they could seek a Default Judgement, which you should avoid.

[drobmet]

Hello Everyone, and thanks again for your time and efforts.

On the 12th February, as advised, I sent an email to Overdales stating that I was extending their time to provide the requested documents under CPR 15.5. As of yet, I have not received a response, and so do not expect one by tomorrow. I have checked my junk email, and checked if I sent the original message to the correct address, and confirm I have.

I have also not received any further documentation from the other parties involved, however given the late timeframe of sending the requests by post, this was expected.

I have started putting together the defence document with my details, however I am struggling to adapt it with the correct wording for what was a debit card in overdraft. I assume I would be labelling this a loan rather than an overdraft? I know it isn’t statue barred, but the bank did send me a default notice some time ago… so I am unsure as to what to include, and what not to.

I’m also currently unsure as to what my defence is based upon. Whilst ECHAT11 has stated I have all the information I require to file my defence, without any specific information as to incorrect documents, or wrongly worded agreements, am I to understand my defence is simply that I have not all the information requested, in hand?

With my deadline to file my defence being tomorrow ( I assume by 4pm, rather than end of the day ), any and all advise before then would be greatly appreciated.

Thank you all again and kind regards

[echat11]

Hello Everyone, and thanks again for your time and efforts.

On the 12th February, as advised, I sent an email to Overdales stating that I was extending their time to provide the requested documents under CPR 15.5. As of yet, I have not received a response, and so do not expect one by tomorrow. I have checked my junk email, and checked if I sent the original message to the correct address, and confirm I have.

I have also not received any further documentation from the other parties involved, however given the late timeframe of sending the requests by post, this was expected.

I have started putting together the defence document with my details, however I am struggling to adapt it with the correct wording for what was a debit card in overdraft. I assume I would be labelling this a loan rather than an overdraft? I know it isn’t statue barred, but the bank did send me a default notice some time ago… so I am unsure as to what to include, and what not to.

I’m also currently unsure as to what my defence is based upon. Whilst ECHAT11 has stated I have all the information I require to file my defence, without any specific information as to incorrect documents, or wrongly worded agreements, am I to understand my defence is simply that I have not all the information requested, in hand?

With my deadline to file my defence being tomorrow ( I assume by 4pm, rather than end of the day ), any and all advise before then would be greatly appreciated.

Thank you all again and kind regards

This is the example Defence, it's fairly strait forward - https://legalbeagles.info/library/gu...-court-claims/

Once you've amended it, post on this thread without personal details.

[echat11]

Correct the 'red' text. Read through it several times, if you are happy you can lodge it with the Court online via MCOL.

In the [Northampton County Court Business Centre]

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim XXXXXXXXX from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for an Overdraft agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into agreement with HSBC 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 HSBC to Lowell Portfolio on 19/12/23. The Defendant does not recall receiving notice of this assignment.

9.It is denied that HSBC 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 any 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 XX/XX/XX 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 has not sent any of these documents to the Defendant.

12.On the XX/XX/XX The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.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.

14. 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 not responded.

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 that the facts stated in this [name document being verified] 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 ________________________________

[drobmet]

Hi ECHAT11, and thanks so much for this.

I did actually complete the defence earlier today at lunch, but didn’t have enough time to post it here to check in. Your post clears up the questions I had as to what to put, specifically regarding:

3. Should I put Overdraft only, or Debit Card Overdraft.

7. In the original template, this point is regarding the debt being statute barred, and so I wanted to confirm whether to just delete this point as it was irrelevant to my case.

9. I was to ask, if I should include this point, regardless of whether I can remember a default notice being served or not, and whether to delete this point.

13. I was unsure which of the sections to include here, so will amend to s77 (1) and s77 (4) respectfully.

14. I was unsure whether to amend this point to state I have asked for the extension, or whether to delete this point completely as the two options did not match my case.

I will now make the required alterations, and lodge it with MCOL, as I cannot think of anything else to add, and I am out of my depth here somewhat.

I assume from here, I see what happens / see what I receive next from any parties, and communicate it here with an update to discuss how to move forward?

Thanks again, so much, for all and any advice.

[drobmet]

As a quick follow up, on MCOL I am being asked to:

'Please state your defence in a maximum of 122 lines in the box below'

Is this where I just paste in my defence document in full?

Thanks again in advance

[echat11]

Hi ECHAT11, and thanks so much for this.

I did actually complete the defence earlier today at lunch, but didn’t have enough time to post it here to check in. Your post clears up the questions I had as to what to put, specifically regarding:

3. Should I put Overdraft only, or Debit Card Overdraft.

7. In the original template, this point is regarding the debt being statute barred, and so I wanted to confirm whether to just delete this point as it was irrelevant to my case.

9. I was to ask, if I should include this point, regardless of whether I can remember a default notice being served or not, and whether to delete this point.

13. I was unsure which of the sections to include here, so will amend to s77 (1) and s77 (4) respectfully.

14. I was unsure whether to amend this point to state I have asked for the extension, or whether to delete this point completely as the two options did not match my case.

I will now make the required alterations, and lodge it with MCOL, as I cannot think of anything else to add, and I am out of my depth here somewhat.

I assume from here, I see what happens / see what I receive next from any parties, and communicate it here with an update to discuss how to move forward?

Thanks again, so much, for all and any advice.

Yes update when you get communications from the Court and Creditor solicitors.

[echat11]

As a quick follow up, on MCOL I am being asked to:

'Please state your defence in a maximum of 122 lines in the box below'

Is this where I just paste in my defence document in full?

Thanks again in advance

Yes, that's where you copy / paste your Defence.

[drobmet]

Yes, that's where you copy / paste your Defence.

Thanks so much, I have now submitted my defence, and will update when I hear more.

Thanks again, and all the best!

[drobmet]

Hello, and I hope all are well after the Easter break!

I have a quick update now regarding this case, and wanted to touch base to find out if I am proceeding correctly, and for any additional useful advice. I am breaking this up into multiple posts, as otherwise, the forum does not appear to be allowing me to post in one go.

On the 23rd February, after submitting my defence and sending my letters asking for further documentation, I received this from Overdales regarding their documentation on the original agreements:
https://ibb.co/6R9BMy7K

On the 16th March, I received the following from Overdales, proving me a copy of their Directions Questionnaire, and asking if I would like to settle out of court.
https://ibb.co/VGQ611g

On the 30th March I received the following from Overdales, stating they have received my defence, and the reasons they disagree with it, together with a settlement proposal for the full balance in one payment, or split into 3:
https://ibb.co/LzFDQqd8
https://ibb.co/VpvZ8FQf