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Lowell/Overdales - County Court Claim - Please help.

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  • #31
    MCOL defence last entry you will see no more there, failing to respond case gets stayed and they need to pay to unstay. their problem sit on hands unless something happens. do not contact them.

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    • #32
      Originally posted by MIKE770 View Post
      MCOL defence last entry you will see no more there, failing to respond case gets stayed and they need to pay to unstay. their problem sit on hands unless something happens. do not contact them.
      Perfect, thanks Mike.

      Comment


      • #33
        Yes that is definitely a stayed case then, in short they did not respond to your defence.
        It has not gone away but it is helpful in that they can only apply to lift the stay once they have produced some documents in response to your CCA and 31.14 requests.
        If you don't get any documents sent to you within 4-6 months, you should consider an application to lift the stay and strike out the claim yourself. It will cost £255 but should be relatively straightforward if they still haven't sent documents.
        "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 )

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        • #34
          Hi. I've just got back from a break and found a big pack from Overdales lying on my doorstep.

          They have sent through what appears to be credit agreements for both accounts, statements for both accounts and two default notices for Vanquis but no default notice for Very, I think they may have screwed up there because the second default notice for Vanquis is attached to the back of the very transaction list.

          The default notice for Vanquis is dated 24/06/2016 and states that I have until 13/07/2016 to make a payment, but on the cover letter Overdales state that the account defaulted 31/10/2016 and the last payment was made 15/03/2016.

          On the cover letter, Overdales state that the Very account defaulted 31/08/2016 and the last payment was made 26/01/2016.

          They've given me until tomorrow (27/04/2022) to respond, annoying really as, after waiting months for this, this package must have turned up the day I went away. This all seems very tight for statute-barred, what do you think my next move should be?

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          • #35
            26th January 2016 would mean it is possibly time barred under the Limitation Act
            "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

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            • #36
              Ok thanks, so what do I do now? Is the other one that the last payment in march likely to be time-barred too? Do I negotiate with Overdales?

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              • #37
                Email them, say that you've just received the package of documents that they have sent you, so you haven't had time to go through it, tell them you need 14 days to seek advice.

                They've given me until tomorrow (27/04/2022) to respond, annoying really as, after waiting months for this, this package must have turned up the day I went away.

                Comment


                • #38
                  Originally posted by echat11 View Post
                  Email them, say that you've just received the package of documents that they have sent you, so you haven't had time to go through it, tell them you need 14 days to seek advice.

                  They've given me until tomorrow (27/04/2022) to respond, annoying really as, after waiting months for this, this package must have turned up the day I went away.
                  I have now done this and will let you know when I get a response.
                  What would the plan be at this point?

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                  • #39
                    Originally posted by Frampton444 View Post

                    I have now done this and will let you know when I get a response.
                    What would the plan be at this point?
                    Celestine

                    Comment


                    • #40
                      Unfortunately it is the registering of the defaults that counts more strongly in judging when the clock starts ticking.

                      Right, what do the credit agreements look like?

                      The case is currently stayed so nothing bad is going to happen overnight, so don't get too stressed by their unreasonable timescales.
                      "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


                      • #41
                        Ok so I completely missed Celestines response, my apologies for that, but I've today received a notice of discontinuance from overdales saying they are discontinuing the whole claim.

                        I assume this is good news? Do I need to do anything now or is this it?

                        Comment


                        • #42
                          Originally posted by Frampton444 View Post
                          Ok so I completely missed Celestines response, my apologies for that, but I've today received a notice of discontinuance from overdales saying they are discontinuing the whole claim.

                          I assume this is good news? Do I need to do anything now or is this it?
                          Well done.

                          Yes, it's very good news. Just make sure you get the same from the Court (Notice of Discontinuance), but they should be made liable for the Court costs you have incurred - read 38.6.

                          https://www.justice.gov.uk/courts/pr...l/rules/part38

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                          • #43
                            Originally posted by echat11 View Post

                            Well done.

                            Yes, it's very good news. Just make sure you get the same from the Court (Notice of Discontinuance), but they should be made liable for the Court costs you have incurred - read 38.6.

                            https://www.justice.gov.uk/courts/pr...l/rules/part38
                            Thank you and thank you all for your help.

                            I'll wait for the Notice of Discontinuance from the court.
                            My costs were very small, a few letters sent, so I'm not sure how much I could claim anyway...and it feels slightly like poking a bear to me!

                            Comment


                            • #44
                              Originally posted by Frampton444 View Post

                              Thank you and thank you all for your help.

                              I'll wait for the Notice of Discontinuance from the court.
                              My costs were very small, a few letters sent, so I'm not sure how much I could claim anyway...and it feels slightly like poking a bear to me!
                              Did you not have any Court costs (Court fee) to defend their claim? They would expect to pay those costs.

                              Comment


                              • #45
                                Originally posted by echat11 View Post

                                Did you not have any Court costs (Court fee) to defend their claim? They would expect to pay those costs.
                                I haven't paid anything as far as I can remember. My brain has been very much like mush recently, but I don't remember paying anything.
                                I'm very confused as to why they discontinued to be honest, is there a chance they recommence?

                                Comment

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