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Overdales solicitors PAP help

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  • Overdales solicitors PAP help

    Hi,

    I have received a letter from Overdales Solicitor’s acting on behalf of Lowell for 4 telecoms contracts I had dating back from 2012-2015 they have enclosed a pre action protocol pack to be returned within 30 days. If anyone could help on my next steps it would be greatly appreciated.
    Tags: None

  • #2
    Have you made any payments or communicated with the creditor since 2015 on any of the accounts?

    The debts might be Statue Barred, but you need specific details to determine that. If you know who the telecom companies are, then you can email them a SAR, they have 30 days to provide all the data on the account over a 6 year period. You can email the SAR to their Customer Services Department.

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

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    • #3
      Thanks for your reply! The ‘ particulars of debt’ they have enclosed states payments were made on 3 of the accounts but no payment has been made to one of the accounts. I don’t kbow when any payments where made but I do not recall any attempts to make payment recently.

      I may stupidly have contacted them via a credit reference agency more recently to ask what is owed as their previous letters were very vague and I’ve been a mission to sort my credit file out. So have probably shot my self in the foot!

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      • #4
        O.K. Just send them a SAR via their Customer Service Departments, to deal with these debts you need information, even if you think you've 'shot yourself in the foot'.

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        • #5
          Thanks i will do that ASAP. Should I send the pre action protocol form back in the meantime saying I deny the debt?

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          • #6
            Originally posted by VanessaL15 View Post
            Thanks i will do that ASAP. Should I send the pre action protocol form back in the meantime saying I deny the debt?
            Yes, but don't send it back immediately, the form should have boxes that you tick to say that you are seeking 'debt advice', that's what you need to do until you have more information. When you send off, make sure you get Proof of Postage.

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            • #7
              Originally posted by echat11 View Post
              O.K. Just send them a SAR via their Customer Service Departments, to deal with these debts you need information, even if you think you've 'shot yourself in the foot'.
              Subject Access Request Letter

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              • #8
                Originally posted by MIKE770 View Post
                Thanks Mike770.

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                • #9
                  Ok will get SAR emailed to original creditors tomorrow and send PAP form back stating that I’m seeking debt advice. Thanks for your help so far.

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                  • #10
                    Hi,

                    I'm still in the process of trying to defend this claim I submitted my defence and Overdales have come back with some documents including the dates of the agreements, default date and last payment date and also a copy of the payment plan I set up in 2017. They are saying I need to pay £800 lump sum or to set up instalments of £100 with a consent order neither of which I can afford. Please could you advise where I go from here any help greatly appreciated.

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                    • #11
                      await DSAR request they cannot tell you what to do., you make your mind up later once facts known.

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                      • #12
                        What are the grounds on which you are defending?
                        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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                        • #13
                          That the particulars of the claim are vague and generic in nature, that I do not recall the exact details of the accounts and the do not re

                          Comment


                          • #14
                            (Sorry accidentally pressed post!).. I put the POC where vague and generic that I do not recall a breach and request details of the exact breach, how the amount claimed has been reached and how the agreements where entered into. I don't know if it's a very good defence but pulled a few bits together from different threads.

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                            • #15
                              Have heard back from the SAR, BT have no information apart from my name and an old address which doesn't match the one Lowell have in relation to their claim. 3 mobile have sent 15 pages of customer interaction notes. Was not able to contact Sky as have search everywhere for contact details but can't find any! No payments have every been made to the sky account so I'm thinking maybe statute barred any way. Haven't heard any more from Overdales yet they said I had until the 11 May to accept their offer. What should in do next now I have the data?

                              Comment

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                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
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                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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