Overdales Solicitors / Lowell Money Claim - Debit Card Debt

[drobmet]

Along with the above, they sent the following historical documentation, together with a copy of my bank account transactions from 2018 until account closure in 2022, which I won’t detail here. Please note, this account stretches back to 2006, so the transaction records are incomplete between account opening and 2018.

HSBC Account Final Demands 2022
https://ibb.co/F4JHrR8D
https://ibb.co/358Vpk5G
https://ibb.co/3yq23HyX

[drobmet]

HSBC Account sale to Lowell 2024
https://ibb.co/BHXg8CVp

Lowell Account purchase 2024
https://ibb.co/kZrvy3z
https://ibb.co/8L1GxJBx


Lowell have not responded to my CCA request, but I do have proof of postage.

[drobmet]

HSBC have responded to my SAR request with the following:
https://ibb.co/Cs5wmpKv
https://ibb.co/F45wfb16

I have also received an N180 form, which I have completed and am ready to send
https://ibb.co/1GbrP44B

My questions are:

1. Is Overdales continued stance that ‘this debt relates to an overdraft facility, and is not a regulated agreement for the purposes of the Consumer Credit Act.’ true? If not, how can this help strengthen my defence / bargaining position, if at all?

2. Is the information bundle sent by Overdales on the 30th March, correct and enough to uphold their assertion in Point 1? If not, how can this help strengthen my defence / bargaining position, if at all?

3. Is Lowell’s lack of response an issue / something to enhance my defence?

4. Should I write back to HSBC with the requested information in order to receive all they have for my SAR? Or is this not required now, given what has been provided by Overdales thus far?

5. Should I engage with Overdales about a settlement proposal of some sort, even if I can’t afford to pay anywhere near what they are asking?

6. Can I submit the N180 form online, either by email, or via MCOL? I don’t see any information to the contrary…

7. Is there anything else I am missing?

Many thanks again for your time and expertise, it has been invaluable in getting me this far and for which I am truly humbled and grateful.

[drobmet]

Hi everyone,

Just chasing up to see, if anyone would be kind enough to answer my questions, or provide any advice on this matter? I feel a little over my head. I have seen other cases on here somewhat similar, and have taken some notes, but appreciate each individual case has it's own nuances.

To confirm, I have now submitted the N180 form, and provided copies to all parties and the court. As yet, I have had no further correspondence.

Thanks all for taking the time to read, and in advance for any responses.

[echat11]

1. Is Overdales continued stance that ‘this debt relates to an overdraft facility, and is not a regulated agreement for the purposes of the Consumer Credit Act.’ true? If not, how can this help strengthen my defence / bargaining position, if at all?

Was the Overdraft agreed? It might be possible to argue that it is covered under the CCA 1974.


2. Is the information bundle sent by Overdales on the 30th March, correct and enough to uphold their assertion in Point 1? If not, how can this help strengthen my defence / bargaining position, if at all?

What did you get in the information bundle?

3. Is Lowell’s lack of response an issue / something to enhance my defence?

They maybe contacting the original creditor for it, hard to say.

4. Should I write back to HSBC with the requested information in order to receive all they have for my SAR? Or is this not required now, given what has been provided by Overdales thus far?

It can't hurt to send HSBC a SAR.

5. Should I engage with Overdales about a settlement proposal of some sort, even if I can’t afford to pay anywhere near what they are asking?

You send send them Offers, but make sure you write 'Without Prejudice Save as to Costs' on the offer letter, that way they can't use the offer letters in Court against you.
They know that a Court will only ever ask you to pay what you can afford.

6. Can I submit the N180 form online, either by email, or via MCOL? I don’t see any information to the contrary…

You've done this.

7. Is there anything else I am missing?

You will have an opportunity of Mediation to make Offers etc.

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