Overdales Solicitors / Lowell / Very

[ravinerose]

I wanted to avoid starting a new thread as I've managed to find all the info I needed on here already but it's become quite urgent now.

I am dealing with my partners claim form on his behalf, with his full permission. I found the letter late so it wasn't actioned straight away, however, I have followed all advise on this thread. I completed the AOS and sent all the letters required by recorded post on 12th Feb to Very Lowell and Overdales. I haven't received any responses from anyone.

I'm just a bit confused because I admit, I had forgotten to follow this up further until Overdales has written to us to say we only have until 06/03/26 to file a defence, which is actually a lot longer than 28 days allowed - unless I've calculated it wrong? I have logged into MCOL to check the status and there is no further info on there, it just states that my AOS was received 03/02/26. I Haven't been notified of any extension that I'm aware of so I'm unsure why this has this not defaulted to a judgement due to my unfortunate negligence?

I have sent OD an extension email today which isn't ideal, but again, unfortunately the letter from them had arrived but I only found it today so I'm actioning asap.


Details below:

Received a claim? Yes
Issue Date: 10/01/2026
Have you Acknowledged the Claim?: yes
Total Amount Claimed : £2900
Claimant’s Name: Lowell
Solicitors Firm: Overdales
Original Creditor: Very/shop direct
Original Debt (eg. Credit card/Loan/Overdraft) : online store account
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): Defendant failed to maintain contractual payments required... debt legally assigned to Lowell on 28/02/22, notice has been given to defendant.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no
List any letters you have sent (eg: CCA/ CPR ): yes all, plus an extension email sent to OD today as their "deadline" is tomorrow

I'd really appreciate any further advise on this. I don't expect to receive a response from OD so should I use the template to file my defence tomorrow?

Thank you in advance

[echat11]

Fill in the red text, once amended correctly if you happy with it, lodge it with the Court via MCOL. Can't explain why it's been extended so Defence can be lodged.

In the [Northampton County Court Business Centre]

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on 10/01/26.

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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted/denied that the Defendant has [previously] entered into an agreement with Very / Shop Direct 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/states the agreement was entered into on xx/xx/xxxx]

7.The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Very / Shop Direct 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.

9.On the [Date] 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. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.Overdales has not sent any of these documents to the Defendant.

11.On the [Date] The Defendant sent a formal request for a copy of the original agreement to Lovells pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

13. 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.

14.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.

15.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.

16.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.

17.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 ________________________________

Signature

[ravinerose]

Thank you for the prompt response.

Would you be able to help me with point 6 please? I don't quite understand what I need to provide here.

[echat11]

Thank you for the prompt response.

Would you be able to help me with point 6 please? I don't quite understand what I need to provide here.

'Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): Defendant failed to maintain contractual payments required... debt legally assigned to Lowell on 28/02/22, notice has been given to defendant.'

You are looking at the Creditors Particulars of Claim on the claim form you received. You've omitted some of the details (see above), so I see if see if they've provide info on when the agreement was entered into. You can check and then amend accordingly.

[Spartacus21]

Hi ECHAT11, I have just completed AOS against a county court claim from Overdales / Lowells. What do I need to do next - should I contact Overdales and Lowells and what information am I requesting.

[echat11]

Hi ECHAT11, I have just completed AOS against a county court claim from Overdales / Lowells. What do I need to do next - should I contact Overdales and Lowells and what information am I requesting.

Please start your own thread.

[ravinerose]

Apologies, so this is the full particulars.

the claim is for the sum of X due by defendant under an agreement regulated by the consumer credit act for a shop direct account acc. ref. X. The defendant failed to maintain contractual paymenta required by the agreement and a default notice was served under s.87 of the consumer credit act which has not been complied with. The debt was legally assigned to the claimant on 28-02-22 noticer of which has been given to the defendant. the claim includes statutory interest....

[ravinerose]

ok, re-reading this all and I think I'm making better sense of it... I think judging by the particulars I would be stating that they've failed to state when the agreement was entered. Is that correct?

Thank you again for all your assistance

[echat11]

ok, re-reading this all and I think I'm making better sense of it... I think judging by the particulars I would be stating that they've failed to state when the agreement was entered. Is that correct?

Thank you again for all your assistance

Correct, so if they haven't given a date, 6) is The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

[ravinerose]

Thank you. I submitted my defence yesterday but I’ve received a letter from overdales today dated 04/03/26. Emily

please find enclosed a copy of the agreement as requested.

we have raised a request with the original creditor for a copy of the default notice. If available, this will be sent to you upon receipt.

we confirm that’s our client has not claimed to have entered into any contract directly with you nor to have been a party to your contract with the original creditor. The benefit of that contract was legally assigned to our client pursuant to section 136 of the law of property act 1925 and their 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.

please ensure you respond to the claim form within the next 10 days failure to do so many result in a CCJ in default being entered against you with further cost incurred.


- not sure where they’ve got an additional 10 days from?

does this mean my defence no longer stands as they have provided the information requested? I was under the impression they had to send the signed paperwork from when they purchased the debt. Have I misunderstood that part?

[echat11]

Everything is o.k., so don't worry.

You had to file your Defence (make a note of when it was lodged with the Court) regardless of whether they provided
documentation or not.

You need to check the documentation (the agreement, the letter of assignment etc) stacks up or not (is it compliant or not?).
They haven't provided a copy of the Default Notice.

Update when you get further correspondence from the Court / the Creditor / solicitor.

[ravinerose]

Hi, I've now received a follow up letter from Overdales.

it says an agreement commenced sept 2017, a copy is enclosed. They have also provided the transaction history. Last payment was June 2021.

"our client has been informed the account defaulted on 23rd sept 2017. A copy of the default requested and provided upon receipt" - is this required for enforcement?

they then state, "it appears your position is contradictory. You have acknowledged entering into the agreement, therefore the basis of liability is not genuinely in dispute. /filing a defence simultaneously disputes the claim despite admitting the underlying agreement is inconsistent and does not identify a valid defence in law." - I assume this is in response to no. 4 of my defence? Should I have not admitted that?

"In regards to your allegations surrounding the statement of the case, we confirm the claim was issued through the civil national business centre, therefore, our client was limited in characters that could be used to set out the particulars of the claim. Nevertheless, our client is satisfied that the particulars are concise and clear."

"As you have received our clients previous correspondence, and the claim form, we have no reason to believe did not receive the notice of assignment which was sent to your current address."

"Our client confirms receipt of your letter dated 12th feb, whereby you made a request under CPR for the agreement, default notice and notice of assignment. Whilst it is noted you requested the documents within 7 days, you should note CPR does not have a fixed time limit. These documents are not readily available on our clients system, so they had to request them from the Assignor directly. The documents were provided to you prmoptly on receipt via letter on 4 march. We can confirm we are still waiting for the default notice. /your allegation that none of these documents have been sent is incorrect." - well it was correct at the time of filing my defence. they turned up a day after.

We note your comment regarding the additional time to file a defence. your request was incorrectly directed to our client than us, their legal representatives. Consequently, your request was not received until 10 march, which was after your defence had been filed. this point does not arise from any fault on the part of our client, and does not amount to a proper ground of defence. It has no bearing on the issues the court is required to determine. - I'm not sure why they've said that when I emailed OD directly for an extension?

"Your request to amend your defence is noted. this is a matter for you and any amendments should be pursued via an application to the court" we will seek further instructions should you make an application, however our client will not be bearing any costs associated with it."

Our clients position remains the same, to resolve the matter amicably and to avoid further legal action which may incur further costs and fees, our client is willing to arrange an affordable repayment plan, for the full balance, under the provisions of the tomlin order. The order will stay proceedings as long as you maintain your repayment plan and has a cost of £123" - I already tried to arrange an 'affordable pla' on there online portal and they would not accept anything I could afford.

They've also stated, very patronisingly, that the contents used in my defence are commonly found on forums online and to seek legal advice from a solicitor LOL.

Not sure where to go from here. It doesn't feel like they can locate the notice of assignment but I don't know how much weight that really carries in court? Will they send me something that vaguely resembles a NOA to cover themselves perhaps. I would really appreciate some guidance on the next steps i can take. Obviously, I understand I can accept their offer but I would need to research the Tomlin Order first as I've never heard of that. But if I decide not to accept, what would I need to do next? I think the importance of the NOA is going to be the deciding factor here.

Thank you!

[ravinerose]

Can I also ask, is box standard letter of the NOA enough, or do they have to show a signed transaction from the shop direct to lowell? I can imagine they'd just type up a letter and date it in the past, pretending it was sent or is that a bit far out.

[echat11]

Can I also ask, is box standard letter of the NOA enough, or do they have to show a signed transaction from the shop direct to lowell? I can imagine they'd just type up a letter and date it in the past, pretending it was sent or is that a bit far out.

Update the thread if I haven't posted by Monday.

[ravinerose]

Just updating as requested. Thanks!