Overdales Solicitors Claim - Mobile contract cancelled

[arrob]

I'm starting to realise my defence may be thin and looking for advice please.
I ordered a data sim on threemobile website but cancelled it within minutes after noticing a better deal. The online chat assistant confirmed cancellation and assured me the order had been cancelled well before the order had been prepared for delivery. I didn't receive a cancellation confirmation and didn't copy the chat transcript.
Two orders came in the post. I sent the sim card for the unwanted contract and a router back to three within the first 14 days. I didn't get a tracking receipt. I still pay for the 2nd contract today
Three sent a bill for the whole 24 month contract, which I ignored as I knew I'd sent the items back.
Jump to today and a CCJ claim issued which I've yet to acknowledge.

• I cancelled immediately after ordering
• Three confirmed cancellation (via chat)
• I returned the unwanted equipment within the 14‑day cooling‑off period
• No service was used. I asked for proof but never really received any.

Is billing for the full minimum term lawful under Ofcom rules?



Any advice, even if to say I've not a leg to stand on would be greatly received.

[echat11]

Hi ARROB

Welcome to LB

Firstly - try not to worry.

Fill in the following, copy and paste back to this thread.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

a) First Acknowledge 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 ThreeMobile, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.
So they will hopefully provide evidence that shows your attempts to cancel the sim etc.

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

c) Send a CPR 31.14 request to their 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. The contact you have isn't covered by the CCA 1974, so remove all reference to it.

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

d) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

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.

[arrob]

Thank you, ECHATT11. I really appreciate your reply and it has already helped me a lot.

Here are the answers to the best of my knowledge.

Received a claim? Yes
Issue Date:19/03/2026
Have you Acknowledged the Claim?:Not yet, I will do so before the Friday deadline.
Total Amount Claimed : Approx £800
Claimant’s Name: Lowell Portfolio i LTD
Solicitors Firm: Overdales Solicitor
Original Creditor:Three Mobile LTD
Original Debt (eg. Credit card/Loan/Overdraft) : Mobile Data Sim & Router
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): "The claim is for (approx. £500) due by the defendant under a Three mobile account. The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on (approx. 2023) notice of which has been given to defendant. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% pa from the date of assignment of the date of issue of these proceedings in the sum of (over £100)
The claimant claims the sum of (Approx 700)

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):Many letters from both Lowell and Overdales. I still have two contracts with Three Mobile, the oldest of which was placed minutes after this one was cancelled.
List any letters you have sent (eg: CCA/ CPR ):I requested all the information that Overdales could provide. I haven't requested anything from Three Mobile re this debt.
Any Other Information or Background Details: When I wrote to Overdales stating "The services for order 94143981052 were never activated or used. The sim and router remain in the possession of Three mobile I do not have then and have never used the mobile service." They responded with As there is airtime balance, this is prof that the router was activated and used. Therefore, we remain satisfied that you are liable.." I know I never activated that SIM, I think that 'airtime balance' was a late charge from three.
Speculation on my part but I think this may be where the problem started - When three sent the return pack for the SIM and router, they didn't provide any identification details for the router they wanted back (they were identical models that both arrived together on the same day, only the imei and serials on the inside could differentiate them). When I requested my router imei number from three for my ongoing contract, it was a different imei number from the one I have and still use. Of course only three would be able to verify this.

[echat11]

There is no benefit in waiting for Friday to Acknowledge Service of the claim.

Gather information, as much as you can.
You can show that two sims arrived, order confirmination emails etc.
You can show that one sim was returned, so was never activated.
Your account with Threemobile will have information.

[arrob]

Thanks again
Service of claim is now acknowledged.
SAR request has been sent to Three
and CPR 31.14 request sent to Overdales
I've the order confirmation emails for both ready too if needed.

[arrob]

I dispute the claim in full.
1. Cooling‑off cancellation
The original order with Three Mobile was cancelled within thirty minutes of being placed. I contacted Three sales support immediately and was assured the order had not been processed and would not be dispatched. This cancellation was made well within the statutory 14‑day cooling‑off period under the Consumer Contracts Regulations 2013.
2. Duplicate order caused by Three
Relying on Three’s confirmation that the first order was cancelled, I placed a second order for the tariff I actually wanted. Despite this, Three sent out both orders.
3. Second cancellation confirmed in Three’s own records
When both orders arrived, I contacted Three again to cancel the unwanted contract. Three’s own DSAR notes confirm that the account was suspended and the Direct Debit Instruction cancelled by them. Their notes state:

• Customer wanted to return
• Jiffy bag raised
• Account suspended
• DDI cancelled
• Collections suspended
• Cases raised for handset return

This is clear evidence that Three accepted the cancellation and processed it internally.
4. No service used and equipment returned
The SIM and router for the cancelled contract were never used. I have photographs showing the SIM unopened and the router box sealed before return. Three’s billing records show no usage whatsoever—only the standard “unlimited data” charge for a service I did not use or want.
5. Improper billing after cancellation
Despite confirming cancellation and suspending the account, Three later issued a bill for the full minimum‑term contract value. This is contrary to consumer law, as a customer who cancels within the cooling‑off period cannot be charged for the remainder of the contract.
6. Ongoing second contract
The second contract—the one I intended to keep—remains active and has been paid in full. This demonstrates I did not attempt to avoid payment for services I actually used.
7. Summary
• I cancelled the first order within 30 minutes.
• I cancelled again when Three failed to act on the first cancellation.
• Three’s own DSAR notes confirm the cancellation, suspension, and DDI cancellation.
• No service was ever used.
• Equipment was returned unused.
• Billing for the full contract term is unlawful under the Consumer Contracts Regulations.
For these reasons, I deny the claim in full and request that it be dismissed.

[echat11]

I dispute the claim in full.
1. Cooling‑off cancellation
The original order with Three Mobile was cancelled within thirty minutes of being placed. I contacted Three sales support immediately and was assured the order had not been processed and would not be dispatched. This cancellation was made well within the statutory 14‑day cooling‑off period under the Consumer Contracts Regulations 2013.
2. Duplicate order caused by Three
Relying on Three’s confirmation that the first order was cancelled, I placed a second order for the tariff I actually wanted. Despite this, Three sent out both orders.
3. Second cancellation confirmed in Three’s own records
When both orders arrived, I contacted Three again to cancel the unwanted contract. Three’s own DSAR notes confirm that the account was suspended and the Direct Debit Instruction cancelled by them. Their notes state:

• Customer wanted to return
• Jiffy bag raised
• Account suspended
• DDI cancelled
• Collections suspended
• Cases raised for handset return

This is clear evidence that Three accepted the cancellation and processed it internally.
4. No service used and equipment returned
The SIM and router for the cancelled contract were never used. I have photographs showing the SIM unopened and the router box sealed before return. Three’s billing records show no usage whatsoever—only the standard “unlimited data” charge for a service I did not use or want.
5. Improper billing after cancellation
Despite confirming cancellation and suspending the account, Three later issued a bill for the full minimum‑term contract value. This is contrary to consumer law, as a customer who cancels within the cooling‑off period cannot be charged for the remainder of the contract.
6. Ongoing second contract
The second contract—the one I intended to keep—remains active and has been paid in full. This demonstrates I did not attempt to avoid payment for services I actually used.
7. Summary
• I cancelled the first order within 30 minutes.
• I cancelled again when Three failed to act on the first cancellation.
• Three’s own DSAR notes confirm the cancellation, suspension, and DDI cancellation.
• No service was ever used.
• Equipment was returned unused.
• Billing for the full contract term is unlawful under the Consumer Contracts Regulations.
For these reasons, I deny the claim in full and request that it be dismissed.

All you are dealing with is their Particulars of Claim.

All the above goes into your Witness Statement.

CCA 1974 doesn't apply to service contracts i.e. mobile phone etc. So ignore
those bits in the example below. Have a go then copy and paste without
personal details.

https://legalbeagles.info/library/gu...-court-claims/

[echat11]

You need to ring the Court, find out what the status of the case is, has the Claimant gone for a default judgement?

Did you send any of the following?

b) Send a SAR request to ThreeMobile, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.
So they will hopefully provide evidence that shows your attempts to cancel the sim etc.

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

c) Send a CPR 31.14 request to their 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. The contact you have isn't covered by the CCA 1974, so remove all reference to it.

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


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. This claim is a mobile phone agreement.

3. It is admitted that the Defendant entered into a contract with Three mobile.

4. Cancellation of the contract was 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. 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.On the XXXX 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 and Notice of Assignment.

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

10. 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.

11. 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.

12. 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.

13. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth

I believe the 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.

[arrob]

SAR from three provided a lot of data mostly bills. No notes on my first cancellation request but at least it showed my second request on the 14th day after ordering.
Overdales CPR request just returned a single bill from three for the contract total.
Overdales have also notified me that they intend to ask the court to file ccj on the 9th of this month

[echat11]

SAR from three provided a lot of data mostly bills. No notes on my first cancellation request but at least it showed my second request on the 14th day after ordering.
Overdales CPR request just returned a single bill from three for the contract total.
Overdales have also notified me that they intend to ask the court to file ccj on the 9th of this month

Read the Defence, extra bits added.

You need to lodge the Defence in post 8 with the Court, you can do this via MCOL.

Make sure you get a confirmation email from the Court. Phone the Court to make they've got it.

Don't give Overdales the opportunity to go for a Default Judgement against you.

[arrob]

Submitted via MCOL
Confirmation and PDF saved.
Can't thank you enough for your help whatever happens

[echat11]

Submitted via MCOL
Confirmation and PDF saved.
Can't thank you enough for your help whatever happens

Update when you get a response.

[arrob]

A confirmation note from the court acknowledge receipt of defence has been received. "A copy is being served to the claimant. The claimant may contact you durect to attempt to resolve..." "The claimant must contact the court within 28 days" etc
I will update when I receive anyting further.

[echat11]

Thanks for the update.

[arrob]

A settlement offer from OD - Lump sum of £500 or 2 x monthly of £300 offer valid until 23/05/2026