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Lowell/Overdales - County Court Claim - Please help.

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  • Lowell/Overdales - County Court Claim - Please help.

    Good morning,

    I'll start by saying, I'm an idiot and have buried my head in the sand in regard to a claim from Overdales/Lowell, would be more than grateful if someone could tell me how to proceed.
    I got my acknowledgment in 14 days ago, so am really pushing the 28 days +5, and now have no clue what to do.

    Received a claim? Yes/No:
    Issue Date: 27/08/21
    Have you Acknowledged the Claim?: Yes 14/09/21
    Total Amount Claimed : £3800( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
    Claimant’s Name: Lowell
    Solicitors Firm: Overdales
    Original Creditor: Vanquis/ Shop direct
    Original Debt (eg. Credit card/Loan/Overdraft) : Credit card & Online catalog
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    1)The Claim comprises the following
    Agreements the Defendant entered into:
    a. Shop Direct Finance Company Limited
    with reference and
    current balance of £550
    b. Vanquis Bank
    with reference and
    current balance of £2500
    The Agreements were terminated as payments
    were not maintained and subsequently
    assigned to the Claimant.
    And the Claimant claims:
    a) The total of the said sums being £3050
    b) Interest pursuant to s69 County Courts Act
    1984 at the rate of 8% per annum from the
    date of assignment to the date of issue, but
    limited to one year, being £250
    c) Costs


    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not 100% sure but defaults recorded August and October 2016 according to CRA's so most likely not stature barred.
    List any letters you have sent (eg: CCA/ CPR ): None
    Any Other Information or Background Details:

    Really after advice on what I should do, should I submit some sort of defense with so little time left to respond? Really got myself into a mess with this, would be really grateful for some help.
    Last edited by Frampton444; 28th September 2021, 09:55:AM.
    Tags: None

  • #2
    Hi Frampton444

    I think you've got the following mixed up -

    Issue Date: 27/09/21
    Have you Acknowledged the Claim?: Yes 14/09/21

    Nevertheless, do the following:

    Send a CCA to Overdales, send one for each debt, they have 14 days to respond (keep an eye on that). Make sure you get Proof of Postage

    https://legalbeagles.info/library/gu...etter-example/

    Send a 31.14 request, send one for each debt, they have 14 days to respond (keep an eye on that). Make sure you get Proof of Postage.

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

    See where you go once that information is in.

    Comment


    • #3
      Hi Echat11,

      Thanks, very much for your quick response.
      I did mess up, but the acknowledged date was correct, the Issue date was wrong it should have read: 27/08/21

      I have corrected it now in the first post.
      Based on this I don't believe I have time for a CCA/31.14 request before I have to enter a defense. Am I screwed?

      Comment


      • #4
        The time to file a Defence is running out.

        Here is a Defence template, have a read through, there specific reasons that you can use against their claim.

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

        des8 MIKE770 Could you please take a look.

        Comment


        • #5
          get CCA off now and get proof posting. CCA Request


          31.14 off now requesting only items mentioned in court form. proof posting. CPR 31.14 Request


          defence state on such a date a request for CCA 1974 made awaiting response
          also CPR31.14 request made awaiting response.

          hopefully vanquis as in the past have problems with CCA????

          keep copies on file date order off everything.

          Comment


          • #6
            Thanks both I will get the CCA and CPR31.14 sent out today.

            Have a few queries in regard to defence:

            1.The Defendant received the claim from the Northampton County Court on 01/09/2021

            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 Credit Card & Catalogue Account agreements regulated under the Consumer Credit Act 1974.

            4.It is admitted that the Defendant has previously entered into an agreement with Vanquis and 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.

            7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years

            8.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.

            9.It is denied that Vanquis and 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.

            10.On the 28/09/2021 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.

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

            12.On the 28/09/2021 The Defendant sent a formal request for a copy of the original agreement to Vanquis and Shop Direct pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

            13.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

            14. 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 declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

            15.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.

            16.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.

            17.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.

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



            Does this look ok? Is using "Vanquis and Shop Direct " good form? Does it need a reword?
            Wasn't sure if I should claim 7. as I'm not sure if these are SB or not.
            On 14, I haven't explicitly asked for an extended time period, should this be removed?
            Lastly, should I submit the defence today or wait a day, given the "I've requested documents" element

            Again, thanks ver much for your help.

            Comment


            • #7
              a) Is using "Vanquis and Shop Direct " good form? Does it need a reword?

              It's fine.

              b) Wasn't sure if I should claim 7. as I'm not sure if these are SB or not.

              Looking at the Default dates, I don't think they are.

              c) On 14, I haven't explicitly asked for an extended time period, should this be removed?

              Yes

              d) Lastly, should I submit the defence today or wait a day, given the "I've requested documents" element

              You don't want to miss the deadline, so why wait.

              Comment


              • #8
                Wow! That was quick!
                Amazing, thanks very much.

                Sorry one I missed:

                8.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.

                I mean I don't recall getting it but they don't state anything about this in their case, is this just another I need to remove?

                Comment


                • #9
                  Originally posted by echat11 View Post
                  a) Is using "Vanquis and Shop Direct " good form? Does it need a reword?

                  It's fine.

                  b) Wasn't sure if I should claim 7. as I'm not sure if these are SB or not.

                  Looking at the Default dates, I don't think they are.

                  c) On 14, I haven't explicitly asked for an extended time period, should this be removed?

                  Yes

                  d) Lastly, should I submit the defence today or wait a day, given the "I've requested documents" element

                  You don't want to miss the deadline, so why wait.
                  two different companies SD & Vanquis

                  Comment


                  • #10
                    Originally posted by Frampton444 View Post
                    Wow! That was quick!
                    Amazing, thanks very much.

                    Sorry one I missed:

                    8.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.

                    I mean I don't recall getting it but they don't state anything about this in their case, is this just another I need to remove?
                    Yes remove.

                    Comment


                    • #11
                      Originally posted by MIKE770 View Post

                      two different companies SD & Vanquis
                      Hi Mike770.

                      Sorry, are you saying this needs a change then?

                      Thanks

                      Comment


                      • #12
                        Originally posted by MIKE770 View Post

                        two different companies SD & Vanquis
                        Yes, apparently it's o.k.. Two debts from different companies on the one claim form.

                        Comment


                        • #13
                          Hold on - we don't know if he is talking about credit file defaults or the expiry of a s.87 default notice. It's going to be close so personally I'd keep it in and let them prove it is not SB.
                          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                          I am proud to have co-founded LegalBeagles in 2007

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                          Comment


                          • #14
                            What is the final date for filing defence please?
                            So long as you have sent those CCA/CPR31.14 requests off, you can file defence straight after if need be. Do not risk filing late. Lowell are very default judgment trigger happy.
                            "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                            I am proud to have co-founded LegalBeagles in 2007

                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                            If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                            Comment


                            • #15
                              Hi Celestine.
                              I'm not sure, I don't seem to be able to find it on MCOL.
                              I know the Issue Date was 27/08/21 and I acknowledged the Claim on 14/09/21.
                              I thought it was 14 days from that date, which would be today.

                              Comment

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