Lowell / Overdales Solicitors Claim Form

[bee123]

Dear Forum,

I am in a pickle in that I have moved from my old address and have only just got this claim letter today from forwarded post. It is dated the 27/11/2023 and is for a shopping account. I have acknowledge it online today via moneyclaim website and said I am intending to defend this claim. Included in the post is a letter informing me that the debt had gone from Lowell to Overdale which I did not really understand. It is a large amount that, although I believe I owe part of this, I could not afford to pay in one lump sum. I am very concerned that I responded outside of the 14 days. Should I still continue to write a defense and also send any letters to Overdale/Lowell?:

Received a claim? Yes/No: Yes

Issue Date: 27/11/2023

Have you Acknowledged the Claim?: Yes but concerned this might be too late with the timing

Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £3700

Claimant’s Name: Lowell Financial

Solicitors Firm: Overdales Solicitors

Original Creditor: Shop Direct

Original Debt (eg. Credit card/Loan/Overdraft) : Shopping Acc

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

The claim is for the sum of £3145.69 due by the defendant under an agreement regulated by the Consumer Credit Act 1974 for a shop direct account with an account reference of : 64028184. 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 the claimant on 18-10-2021, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of the assignment to the date of issue of these proceedings in the sum of £251.66. The Claimant claims the sum of £3397.35.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No I think this is 5 years old

List any letters you have sent (eg: CCA/ CPR ): none sent

Any Other Information or Background Details:

Any help on this will be appreciated.

Thank you for your time.

[echat11]

Hi BEE123

Welcome to LB

Try to stay calm.

A) You can Acknowledge of Service online via MCOL, (deny to all) that will give you an extra 14 days to file your defence, so that's 14 + 14, 28 days (plus 5 days postal, but don't rely on them) from the date on the claim form.

You've acknowledged service.

Ring the Court, tell them documents went to the wrong address.

B) Send a 31.14 request to the Overdales Solicitors on the claim form, they have 7 days to respond after receipt of letter (keep an eye on that). Make sure you get Proof of Postage.

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

C) Send a CCA request to Lowells, they have 12 days to provide a copy of the agreement, make sure you get Proof of Postage.

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

D) Send a SAR to Shop Direct, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

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

Update the thread when you get the requested information,

----------------------------------------------------------------------------------------------

This is your defence, fill in the bits in red, you need to do (9) and (11).

You can email it to the Court, the email address for the Court is ccbcaq@justice.gov.uk or you can file it with the Court through MCOL, you will get an automatic acknowledgement of receipt, which ever way you decide to file it, but do it now.

If you email it, in the subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy when you get back, make sure you get Proof of Postage.


In the Northampton County Court Business Centre

Claim No: XXXXX

XXXXXXXX

Claimant

And

XXXXXXXXXXX

Defendant

DEFENCE

1.The Defendant received the claim XXXXXXXXX from the Northampton County Court on 27th November 2023.

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 Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with 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 Claimants statement of case states that the account was assigned from Shop Direct to Lowells on 18th October 2021. The Defendant does not recall receiving notice of this assignment.

8.It is denied that 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.

9.On the XX/XX/XXXX 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. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

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

11.On the XX/XX/XXXX The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

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

13.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.

14.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.

15.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.

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

Statement of Truth

I believe the that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________

Dated ________

[bee123]

Hi ECHAT11,

Thank you for your support and guidance on this. I have completed all of the following:

1. 31.14 request with proof of postage to Overdales
2. CCA request with proof of postage to Lowells
3. SAR request with proof of postage to Shop Direct
4. Emailed defence to the court: ccbcaq@justice.gov.uk amending (9) & (11)
5. Copy of defence sent to Overdales with proof of postage

I am struggling to get through to anyone at the court but will keep trying and have detailed that I am trying to do this to explain that the papers went to the wrong address as of today via phone to the courts. I am hoping that this will be enough for now and will update this thread with any responses.

[echat11]

Hi ECHAT11,

Thank you for your support and guidance on this. I have completed all of the following:

1. 31.14 request with proof of postage to Overdales
2. CCA request with proof of postage to Lowells
3. SAR request with proof of postage to Shop Direct
4. Emailed defence to the court: ccbcaq@justice.gov.uk amending (9) & (11)
5. Copy of defence sent to Overdales with proof of postage

I am struggling to get through to anyone at the court but will keep trying and have detailed that I am trying to do this to explain that the papers went to the wrong address as of today via phone to the courts. I am hoping that this will be enough for now and will update this thread with any responses.

If you can't get through (no doubt they have the phone off the hook and are playing a party game and do not want to be disturbed). Email the Court and Overdales 'that the papers went to the wrong address'. So at least they know.

Also the Defence has a minor errors, nothing to worry about:

No.11 '[Claimant] pursuant to section [77 or 78]', should read 'Lowell's pursuant to section 77', not a biggie and nothing to worry about.

No.12.The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. Should read s77.

[bee123]

Dear ECHAT11,

Thank you for your reply.

I have been ringing this morning and no one is answering so I have emailed both the court and Overdales to let them know that the papers went to an old address with redirected mail hence the delay. Do I need to resend the corrected defence at all? Just wondering what the next steps are from here? I am going away between Christmas and New Year and paranoid of missing mail/infomation.

[echat11]

Dear ECHAT11,

Thank you for your reply.

I have been ringing this morning and no one is answering so I have emailed both the court and Overdales to let them know that the papers went to an old address with redirected mail hence the delay. Do I need to resend the corrected defence at all? Just wondering what the next steps are from here? I am going away between Christmas and New Year and paranoid of missing mail/infomation.

They are minor errors, just email the Court with the corrected version, make sure you replace the correct bits.

You can email it to the Court, the email address for the Court is ccbcaq@justice.gov.uk or you can file it with the Court through MCOL, you will get an automatic acknowledgement of receipt, which ever way you decide to file it, but do it now.

If you email it, in the subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Corrections to Defence, origional filed on XX/XX/XXXX etc.

The next steps are they have 28 days to respond (see what they have to say), you get sent a Directions Questionnaire, then there is the possibility of Mediation, then the Witness Statement, finally a Hearing.

There are quite a few steps. But providing the Court accepts the lateness of the Defence, then is waiting 28 days, see how they respond to your Defence. So just relax, enjoy Christmas / New Year.