Overdales/ lowell help

[Springtime]

Evening all
The advice I've found on here has been helpful so far so thank you.
I'm currently going through the court process with Overdales solicitors/ lowell portfolio 1 for a vanquis credit card debt almost 4k Including fees from 2012 -2016 not statute barred.
I've defended the claim and had it transferred to my local court ,I refused mediation as proof of debt documents weren't provided to me at the time of the claim which was around Christmas time 2021.
4 months later I've had acknowledgement from the court that Lowell must provide the following 3 things;
*Original copy of credit agreement
*copy of notice of assignment
*First and last copies of statement of account
Which had to filed by the 28th March
So within the last week I had a nice A4 sized envelope addressed from LOANHEAD .
As you can imagine my heart sank.
The copy of the CCA is there but my name and address at the time I took the card out do not appear on it at all.
The notice of assignment letters from both Lowell and Vanquis
are pretty much something that could be typed up by anyone on a PC.
No letter headings , company numbers , accreditations etc.
Also both have been issued on the same date.
As regards first and last statements all I received was a 3 page downloaded list of transactions again nothing official .
I guess from now on I'm awiting a court hearing
If anyone can give me some advice from here on it would be greatly appreciappred
many thanks

[echat11]

Hi Springtime

What CCA have they sent you?

A Reconstituted Agreement or an Original Copy

https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

Has the T & C's been 'varied'?

If you can fill in the following that would be good:

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:

[Springtime]

Hello
thanks for your post
They have sent me a copy
All it has is my name printed on the last page with date of application and someone else's signature
yes received a claim from Northampton issued on 12/11/212I have acknowledged the claim and defended it
total= £3753
Claimant:Lowell portfolio 1
Solicitors: Overdales

The claim is for the sum of £3211.33
due by the defendant under agreement regulated by the consumer credit act 1974 for a vanquis account
Ref: *********
The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the consumer credit act 1974 which has not been complied with.
The debt was legally assigned to claimant on 23-09-19 ,notice of which has been given to the defendant.
The claim includes statutory interest S.69 of county courts act 1984 at a rare of 8% per annum from the date if issue of these proceedings in the sum of £***
The claimant claims the sum of £****

I have had no contact with the DCA
last payment on the account was on 30/05/2016

I have sent no letter requests I asked for all in the information to prove the debt when I filed my defence online with MCOL

hope this helps

Thank you

[echat11]

a) They state Default Notice in their PoC. Was a copy of that requested?

b) Can you post the copy agreement and letter of assignments that they sent (remove all personal details)?

c) Has the T's and C's changed since the opening of the account? i.e. interest rates etc.

[Springtime]

I received a notice of default which I did not request.
Not sure about T's & C's
The District Judge ordered the claimant to provide
A copy of Original credit agreement
A copy of notice assigning to defendant
copies of first and last statement of account

I'm struggling to upload documents at the moment will do ASAP

[echat11]

You also need to 'scrutinize' the Default Notice.

There is a very good chance the T's & C's were 'varied' since the account was opened, so they would need to provide the latest T's and C's as well. That is something that needs to be looked into.

https://help.imgur.com/hc/en-us/arti...p%2Dup%20modal.

[echat11]

You say the address on the agreement is different to the one the account was opened with, so what they have sent you is a 'Reconstituted Agreement', if that is the case, then they have to be upfront and tell you that is what they have done.

[Springtime]

There is no address for me on the CCA just the creditors.
On the last page is my name printed and is signed by someone called Simon can't workout the surname.?
My name is not Simon.

[Springtime]

Not Simon ,Stuart .My name is not Stuart either.

[echat11]

There is no address for me on the CCA just the creditors.
On the last page is my name printed and is signed by someone called Simon can't workout the surname.?
My name is not Simon.

That's bizarre, sounds very amateurish (no address, wrong signature etc). I would be tempted to write to the Court and tell them that the Creditor hasn't complied with their Order, but wait 28 days to see if the Creditor sends anything else.

Post up what you intend to send before sending it.

Sounds like a failed attempt at 'Reconstructing' an agreement.

[Springtime]

As far as I'm aware they have filed what they have sent me with the court.
The deadline for them to file the requested documents is tomorrow 28th March.

[Springtime]

I've now received courts directions for the case .
could someone please give me some advice on the witness statements it's due in August.
Many thanks

[echat11]

Here is an example Witness Statement, take your time writing it out, read it, leave it for a couple of hours, then read it again and make changes if need be.

https://legalbeagles.info/forums/for...ness-statement

[Springtime]

My case has now been discontinued.
I'm so relieved with the outcome after 6 months of pointless grief !
I would like to inform people to stand your ground with any debt collector that chases you if they can't produce documents requested by you and the court.
Overdales tried to bluff me with generic doctored credit agreements, downloads from computer databases and a pathetic notice of assignment with nothing official on it whatsoever.When you question this they seem to have an answer for everything but at the same time coming up with lower settlement offers and admitting their 'Client' Lowells buy these debts in bulk and don't have all the correct paperwork as though you should feel sorry for them.
I've been through many emotions during the proceedings even considered a settlement but because they haven't been able to provide me with concrete proof of their ownership of the debt I stayed strong and was prepared to go to the court hearing due to fight my cause.
I accused them of fraud and breaching court deadlines in my last correspondence, they went very quiet for 2 months so I was worried I might have upset the apple cart and might lead to more pressure but maybe that worked in my favour because the more BS they send me the more beneficial as evidence in court.
Anyway just thought I would let you all know.
Good luck to anyone going through the stress of debt

[echat11]

Thanks for letting us know and well done.