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Lowell/Overdal County Court Action advice needed

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  • #31
    Particulars of claim are in post #15 on this thread.

    On point 5, they haven't identified the account properly they're used a reference number but I can't verify this, as noted in my longer reply; a previous email from Overdales states an email address associated with the account, but this is not included in the Particulars, and is different from that in the credit agreement. So, I think it's accurate to say they haven't provided enough information for me to be sure this is my account.

    On point 6, the particulars do not include the date of the agreement although it is contained within the credit agreement (although this again differs from what they've previously told me).

    I took no. 10 out because I wasn't sure it was relevant. I did write to PayPal but I did not include 1, as I was unaware this we required.

    The info in red I am aware of just planned to add it after you'd got back to me, as it could be identifying.

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    • #32
      I've edited post 30.

      Comment


      • #33
        Hi there,

        Overdales have already provided me with the Credit Agreement they did this via email when I first wrote to them to ask what the Claim was about. It's the Defautl Notice and Notice of Assignment they haven't provided. So, apologies, but I'm still confused by the relevance of point 10.

        Comment


        • #34
          Originally posted by Paperwork View Post
          Hi there,

          Overdales have already provided me with the Credit Agreement they did this via email when I first wrote to them to ask what the Claim was about. It's the Defautl Notice and Notice of Assignment they haven't provided. So, apologies, but I'm still confused by the relevance of point 10.
          So they sent it to you, you didn't ask.

          You have to make a formal request for it under the Consumer Credit Act 1974 with the fee of 1. If you do that, then you can use that in your Defence. There are certain things that the agreement has to have i.e. prescribed terms and other documents they have to provide. If they haven't complied to the formal request, then you can use that in your defence.

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          • #35
            Thank you. That makes sense. I am sending this (next day delivery) right now.

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            • #36
              Overdales have now responded to my earlier emails, agreeing to a 28-day extension, although I've already sent the defence so this is now irrelevant.

              They have also provided me with a Notice of Assignment. However, this is from Lowell. Does it need to be the original creditor who sends a Notice of Assignment?

              For reference, here is their full email.

              ---------

              Thank you for your recent contact.

              We apologise for the delay in our response.

              We note your comments and an additional copy of the Claim form was issued to you on 21 March 2024 and can see in your email dated 26 March 2024 that this has now been received.

              We acknowledge your request and please find attached a copy of the Notice of Assignment. A copy of the Agreement was attached in our email dated 21 March 2024.

              Our client is prepared to agree to your request for further time to file your defence and is prepared to agree an extension of 28 days.

              Please note it remains your responsibility to inform the Court in writing of this extension.

              We ask that you please clarify what documentation you are waiting to receive from the Court.

              We can also confirm that we have requested the relevant documentation from the original creditor and a response shall be sent to you in due course.

              As the account is now subject to legal proceedings, you may wish to seek independent legal advice.

              Please ensure you respond to the Claim within the time frame set by the Court. Failure to do so may result in a County Court Judgment (CCJ) in Default being entered against you.

              If you wish to speak with a member of our team, please call us between 8:30am and 7:30pm Monday to Thursday, 8:30am and 6:00pm Friday or 9:00am and 2:00pm Saturday, on 0333 111 0800.

              Comment


              • #37
                a) Overdales have now responded to my earlier emails, agreeing to a 28-day extension, although I've already sent the defence so this is now irrelevant.

                Agree.

                b) They have also provided me with a Notice of Assignment. However, this is from Lowell. Does it need to be the original creditor who sends a Notice of Assignment?

                Sometimes both the assignor and assignee send letters of assignment to the debtor (I personally think that's best).
                But as long as the assignee's letter as been sent, then it's o.k.
                You need to carry out checks to make sure the letter of assignment is compliant.

                https://www.handbook.fca.org.uk/handbook/CONC/6/5.html

                Comment


                • #38
                  It appears to be compliant in the FCA sense. It has the wrong address and postcode on (which probably explains why I never received any of these letters), and that address also differs from the address in the CCA. The Notice of Assignment also only identifies the account by a reference number, which does not appear anywhere in the CCA or any other documentation I can find. So, it seems compliant, but with small discrepancies which add to those I intend to use in my witness statement.

                  Comment


                  • #39
                    Originally posted by Paperwork View Post
                    It appears to be compliant in the FCA sense. It has the wrong address and postcode on (which probably explains why I never received any of these letters), and that address also differs from the address in the CCA. The Notice of Assignment also only identifies the account by a reference number, which does not appear anywhere in the CCA or any other documentation I can find. So, it seems compliant, but with small discrepancies which add to those I intend to use in my witness statement.
                    It's compliant as far as they sent what they should have i.e. a letter of assignment, but it's not compliant (that is what I was referring to in post 37) with the information that should be present. Also, they didn't send it to you.

                    Build your case, make a note of that.

                    Comment

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