Overdales Solicitors / Lowell / Very

[ravinerose]

Just updating as requested. Thanks!

[echat11]

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!

a) 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?

Default Notice - that is one of the requirements, they need to provide a compliant Default Notice, it needs to be served correctly.

b) 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?

You should have selected either admitted or denied, not both. Maybe a correction is needed, maybe you were in a 'rush' and missed it.

c) "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."

If they are making a claim, then they need to set out the statement of claim correctly, it's an admission that they didn't provide all the relevant details.

d) "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."

What you've asked for is a copy, as you didn't receive a copy as they've stated. So they haven't complied with your request.

e) "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.

That's fine, if they've made a claim based on those documents, then you have a right to inspect them - CPR31.15
https://www.justice.gov.uk/courts/pr...l/rules/part31

f) 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?

You have evidence, the email you sent. It's probably Overdales being, Overdales.

g) "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."

That's if you need to make amendments, once you receive the requested information.

h) 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.

That would go in your Witness Statement. You made 'reasonable' efforts to make payments, they wouldn't entertain them.

i) 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.

Yes, that makes you 'resourceful' because you found them.

j) 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? importance of the NOA is going to be the deciding factor here.

You need to send them and the Court a letter to correct any errors.

If you post on this thread, I can take look.

[ravinerose]

I've received a further letter from OD today which includes a copy of the directions questionnaire. They have advised that we can settle with them directly and that we can put forward an affordable settlement plan. Advised again to take independent legal advice.

It appears they are happy to take this to court. Obviously we want to avoid a CCJ but If we were to offer a payment plan, it would be very low and I don't feel they'd accept it. Would that go in our favour in front of a judge if they rejected an offer of payment? Or would it be better to hold out for the NOA. Is the debt enforceable without it? Thank you

[echat11]

I've received a further letter from OD today which includes a copy of the directions questionnaire. They have advised that we can settle with them directly and that we can put forward an affordable settlement plan. Advised again to take independent legal advice.

It appears they are happy to take this to court. Obviously we want to avoid a CCJ but If we were to offer a payment plan, it would be very low and I don't feel they'd accept it. Would that go in our favour in front of a judge if they rejected an offer of payment? Or would it be better to hold out for the NOA. Is the debt enforceable without it? Thank you

a) I've received a further letter from OD today which includes a copy of the directions questionnaire. They have advised that we can settle with them directly and that we can put forward an affordable settlement plan. Advised again to take independent legal advice.

That's their copy of their completed Direction Questionnaire.

The Court will send you a Directions Questionnaire to fill in. You send a copy to Overdales and a copy to the Court.
At some point you will have Mediation to settle the matter, it's a free service (it's independent of the Court process).

You can make settlement offers anytime, but mark the letter 'Without Prejudice - Save as to Costs'. That way they
can't use the offer letters in Court against you. You can fill in an I & E form, give yourself some 'leeway', they is
a 'cost of living' crisis, they know that. A Court will only order you to pay what you can afford.

b) It appears they are happy to take this to court. Obviously we want to avoid a CCJ but If we were to offer a payment plan,
it would be very low and I don't feel they'd accept it (as above).

They have taken it to Court, but they have yet to provide Notice of Assignment and Default Notice. The only way you get
a CCJ is if you ignore a Court Judgement, that won't happen.

c) Would that go in our favour in front of a judge if they rejected an offer of payment? Or would it be better to hold out for the NOA.
Is the debt enforceable without it? Thank you

Yes, after the Hearing is over, the Judge can take look at the 'offer letters'. In Overdales previous letter, they stated that their position
is that you received correspondence so you should of received the Notice of Assignment, but that doesn't follow for various reasons.
It shouldn't be enforceable without it, but Judges / Courts are a 'fickle' bunch.

[ravinerose]

So we’ve now received the directions questionnaire which I will complete and return.

weve also received a further letter from ODs:

we are now in receipt of the account summary, transaction summary and the itemised transaction list for your former shop direct account. We also have a screenshot of their system evidencing the section 87 default notice was sent to you at your current address on 1st Feb 2022.

(The screen shot is a black box with computer text listing various info such as partners name and address,
there’s various numbers but the last 3 lines are -
new addresses result. Address changed. Letter sent.
section 87 default notice sent
debt sold to Lowell Lowell ref #)

they go on to state they will accept 4 installments of £700 to clear the debt which is lower than the balance outstanding but nowhere near affordable for us.

Any advice greatly appreciated. Thank you

[ravinerose]

So we’ve now received the directions questionnaire which I will complete and return.

weve also received a further letter from ODs:

we are now in receipt of the account summary, transaction summary and the itemised transaction list for your former shop direct account. We also have a screenshot of their system evidencing the section 87 default notice was sent to you at your current address on 1st Feb 2022.

(The screen shot is a black box with computer text listing various info such as partners name and address,
there’s various numbers but the last 3 lines are -
new addresses result. Address changed. Letter sent.
section 87 default notice sent
debt sold to Lowell Lowell ref #)

they go on to state they will accept 4 installments of £700 to clear the debt which is lower than the balance outstanding but nowhere near affordable for us.

Any advice greatly appreciated. Thank you

[echat11]

So we’ve now received the directions questionnaire which I will complete and return.

weve also received a further letter from ODs:

we are now in receipt of the account summary, transaction summary and the itemised transaction list for your former shop direct account. We also have a screenshot of their system evidencing the section 87 default notice was sent to you at your current address on 1st Feb 2022.

(The screen shot is a black box with computer text listing various info such as partners name and address,
there’s various numbers but the last 3 lines are -
new addresses result. Address changed. Letter sent.
section 87 default notice sent
debt sold to Lowell Lowell ref #)

they go on to state they will accept 4 installments of £700 to clear the debt which is lower than the balance outstanding but nowhere near affordable for us.

Any advice greatly appreciated. Thank you

Stay calm.

a) So we’ve now received the directions questionnaire which I will complete and return.

Good. You want 'mediation'.

If you get 'stuck' ask - https://legalbeagles.info/library/gu...questionnaire/

b) weve also received a further letter from ODs:

we are now in receipt of the account summary, transaction summary and the itemised transaction list for your former shop direct account. We also have a screenshot of their system evidencing the section 87 default notice was sent to you at your current address on 1st Feb 2022.

(The screen shot is a black box with computer text listing various info such as partners name and address,
there’s various numbers but the last 3 lines are -
new addresses result. Address changed. Letter sent.
section 87 default notice sent
debt sold to Lowell Lowell ref #)

They haven't provided Letter of Assignment, it's been known for Courts to accept a screenshot of the Default Notice. But as stated in your Defence, 'you didn't receive it'. But your Defence will be that it's not compliant as they haven't provided you with a copy. If they sent it they should be able to provide a copy.

c) they go on to state they will accept 4 installments of £700 to clear the debt which is lower than the balance outstanding but nowhere near affordable for us.

You can make settlement offers anytime, but mark the letter 'Without Prejudice - Save as to Costs'. That way they can't use the offer letters in Court against you.

Make an offer, something your willing to offer, example £1,600 over 20 months. If they decline, that fine. But you can show the Court you tried to settle the matter.

Any advice greatly appreciated. Thank you

[arrob]

Thanks again and forgive me if I've removed too many points..

Claim Nox
Lowell Portfolio I LTD
Claimant
xx
Defendant
DEFENCE
1. The Defendant received the claim xx from the Civil National Business Centre Northampton County Court on x/x//2026
2.Each and every allegation in the Claimant's statement of case is denied unless specifically admitted in this Defence.
3. It is admitted that the Defendant entered into a contract with Three mobile
4. Cancellation of the contract was made well within the statutory 14‑day cooling‑off period under the Consumer Contracts Regulations 2013
5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regard to the claim.
6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into
*7. (Not sure if I should leave this in?) The Claimants statement of case states that the account was assigned from Three Mobile to Lowell Portfolio on x/x/x]. The Defendant does not recall receiving notice of this assignment.
8. 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.
9. 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.
10.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.
11.It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth
[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands 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