Lowell / Overdales - Urgent help filing defence

[Chillibeat20]

echat11 Hi, I received a letter from overdales on Fri last week dated 26th Oct, saying that they received my defence but I didn't provide them with my address and dob for service as required by the civil procedure rules practice direction 16. They are asking for a copy of my ID and proof of address, so will email this over to them to the email they have set out in the letter unless there is any reason I should not send that over?

I then received a 2nd letter today dated again 26th Oct, saying 'please find enclosed a copy of the directions questionnaire which we have now sent two the court, the court will shortly send you your own direction questionnaire and confirm a date when they need it back by.....
We have agreed to mediation in our directions questionnaire which may result in settlement without further legal action and costs. Mediation would be conducted over the telephone by an independent mediator. if you agree to mediation, please ensure you tick yes box in part A1 of your own directions questionnaire.

This is followed by the directions questionnaire (Small Claims Track) form that I need to fill out.

What's the best way to deal with this now?

Thanks

[echat11]

a) They are asking for a copy of my ID and proof of address, so will email this over to them to the email they have set out in the letter unless there is any reason I should not send that over?

You would think they would have this information, unless you are a random person, who sends defence's for kicks. I'd tell them the reason being, scam, identity fraud etc, but also they should have these details already, I doubt you could have opened an Next account without them. So write back saying that. See what they respond with, then you can reassess.

b) the court will shortly send you your own direction questionnaire and confirm a date when they need it back by.....

Wait for the Court to send your own.

https://legalbeagles.info/library/gu...uestionnaire//

c)if you agree to mediation, please ensure you tick yes box in part A1 of your own directions questionnaire.

Agree to mediation. (as long as you get all the requested documentation)

Update when you get the directions questionnaire.

[Chillibeat20]

Hi echat11 ,

I received a letter from Overdales today, stating the following:

We refer to the matter on the left and confirm receipt of your defence and your recent email confirming your address.
hen
You have previously requested documents pursuant to the Consumer Credit Act 1974, and these were duly provided to you. Your defence, in essence, does not go further than a mere request of documents. Given that the contract, default notice, and statements of account were served, you do not have a valid defence. This is particularly the case because you admit to have entered into an agreement with the Assignor. Therefore, should this go to a hearing, you will be at risk of a CCJ being entered against you and which may remain in your credit file for six years. For your benefit, the relevant document are enclosed with this letter also.
Settlement Proposal
Our client is willing to reach an amicable resolution in this matter, favourable to both parties, to avoid a potential CJ being entered in your credit file and further costs being incurred if the matter were to proceed to a hearing. However, we understand that attempting to clear debts can be a stressful situation.
Therefore, this settlement proposal includes discounts, which you may find appealing. Our offer, nonetheless, also contains the full balance claimed.
We therefore have instructions to put forward the following three options by way of settlement proposals:

• Option 1: A reduced lump sum payment of £X;
• Option 2: Four monthly payments of £X;
• Option 3: A reduced amount of £X via an affordable formal payment plan should you choose to pay by instalments; OR he full amount of £X via an affordable formal payment plan should you ay by instalments.

Within the letter pack was the agreement, default notice and statements of the account again. They had also recently started to send letters for an old mobile debt which was statue barred in 2012, but on the same day, separate to the above letter they sent a letter about this mobile account stating they have stopped recovery action and written off this debt now.

I still havent had anything back from the courts yet, and not sure if Overdaltes should have replied sooner as I thouyght they had 28days. Anyway, any advice welcomed please

[echat11]

Their letter is standard.

Have you gone through the documentation they have sent you?

Ring the Court, explain that you have yet to receive a Directions Questionnaire, you are checking to see if they have sent it.

It's good that they have written off the mobile account from 2012.

[Chillibeat20]

Hi echat11 ,

The documents included:

Letter to confirm Lowell bought the debt in 2021, dated a few days after the purchase date
Copy of letter from next to confirm its been sold to Lowell
Default Notice
Copy of statements from Next - which i already had
Double sided 1 pager of a credit agreement - says This is a Credit Agreement regulated by the Consumer Credit Act 1974, Sign it only if you want to be leaglly bound by its terms. There is a Next signature, but in the fields for Customer Number, Signature of customer and date of signature, these are all blank

Will chase the Directions Questionnaire now!

Thanks

[Chillibeat20]

Hi echat11 ,

Just spoke to the court and they said it was issued to me on 8th dec, but probably somewhere in the post given its the festive period and RM are busy. They have emailed a blank version over to me now thought.

Do I need to complete this and sent back?

Thanks

[echat11]

Hi echat11 ,

Just spoke to the court and they said it was issued to me on 8th dec, but probably somewhere in the post given its the festive period and RM are busy. They have emailed a blank version over to me now thought.

Do I need to complete this and sent back?

Thanks

Yes, make sure you get Proof of Postage. You can email it, make sure you write DIRECTIONS QUESTIONNAIRE - CLAIM No: XXXXXXXXX XXXXXXXX v XXXXXXXXXX

https://legalbeagles.info/library/gu...uestionnaire//

[echat11]

Hi echat11 ,

The documents included:

Letter to confirm Lowell bought the debt in 2021, dated a few days after the purchase date
Copy of letter from next to confirm its been sold to Lowell
Default Notice
Copy of statements from Next - which i already had
Double sided 1 pager of a credit agreement - says This is a Credit Agreement regulated by the Consumer Credit Act 1974, Sign it only if you want to be leaglly bound by its terms. There is a Next signature, but in the fields for Customer Number, Signature of customer and date of signature, these are all blank

Will chase the Directions Questionnaire now!

Thanks

You need to check what they've sent you in detail -

Start with the CCA - https://lawzone.legal/when-is-a-cred...unenforceable/

[Chillibeat20]

echat11 Hi,

I don’t see any mention of a credit limit or anything that corresponds what is required regarding the credit limit. Can I send you copies to be safe?

thanks

[echat11]

echat11 Hi,

I don’t see any mention of a credit limit or anything that corresponds what is required regarding the credit limit. Can I send you copies to be safe?

thanks

Make a copy for yourself, then delete all personal details and reference numbers, then upload it to this thread..

[Chillibeat20]

Hi echat11, the agreement looks very generic, from what I can see, there is no personal info in there at all.

[echat11]

Hi echat11, the agreement looks very generic, from what I can see, there is no personal info in there at all.

Was there a point in sending that to you?

It's not compliant, they couldn't even bother to put your name / address on it.

I've checked the name and signature, definitely was a company secretary for Next.

[Chillibeat20]

Hi echat11 ,

Not sure if my other claim has reignited this but funnily enough received a letter regarding this claim, but hadnt heard a single thing since I filed my defence back in Jan this year.

The letter received is titled General Directions Order and reads the following:

Before District Judge XXX sitting at the civil national business centre, northampton

Upon the court noting that:
- Documents referred to in the order below were filed by one of the parties but those documents are not on the court file
- The court has undertaken a search but the documents have not been found
- The claim cannot progress until the court file is complete
- A notice of transfer (to another county court) has been issues

It is ordered that:
1. By 4pm 26.11.24 the defendent must send to the court named on the attached notice of transfer a copy of the direction questionnaire and defence.

The second page of the letter received is titled Notice of Transfer of Proceedings and reads:

To all parties
- This claim has been transferred to the county court of Central London for allocation. On receipt, the file will be referred to a prodedural judge who will allocate the claim to track and give case management directions. Details of the judges decision will be sent to you in a notice of allocation.



I think this is self explanatory, they are asking for me to send my defence to the new court, along with a directions questionnaire is that correct? They haven't attached a directions questionanire to this letter, but I gather I can pull a template copy of this from somewhere and send this off?

Thanks again.

[echat11]

Hi echat11 ,

Not sure if my other claim has reignited this but funnily enough received a letter regarding this claim, but hadnt heard a single thing since I filed my defence back in Jan this year.

The letter received is titled General Directions Order and reads the following:

Before District Judge XXX sitting at the civil national business centre, northampton

Upon the court noting that:
- Documents referred to in the order below were filed by one of the parties but those documents are not on the court file
- The court has undertaken a search but the documents have not been found
- The claim cannot progress until the court file is complete
- A notice of transfer (to another county court) has been issues

It is ordered that:
1. By 4pm 26.11.24 the defendent must send to the court named on the attached notice of transfer a copy of the direction questionnaire and defence.

The second page of the letter received is titled Notice of Transfer of Proceedings and reads:

To all parties
- This claim has been transferred to the county court of Central London for allocation. On receipt, the file will be referred to a prodedural judge who will allocate the claim to track and give case management directions. Details of the judges decision will be sent to you in a notice of allocation.



I think this is self explanatory, they are asking for me to send my defence to the new court, along with a directions questionnaire is that correct? They haven't attached a directions questionanire to this letter, but I gather I can pull a template copy of this from somewhere and send this off?

Thanks again.

Correct on both counts.

Your Defence is between post 10 - 12, so what you are doing is sending them a copy of the Defence.

Yes the DQ can be pulled off the Ministry of Justice website - you want Mediation providing they have provided all the documents, if they haven't, then you want to see the documents before Mediation.

Remember to send a copy of the DQ to the Claimants solicitor.

https://legalbeagles.info/library/gu...uestionnaire//