I've received Defences witness statement and it refers to the Law of property act 1925 that notice of assignment was served to me. Does this law allow them to buy the debt? I read it but can't make head nor tail if it refers to property or any debt? Also states in their statement that the default notice could not be provided by the defendant as this was not retained by the assignor but their system shows a copy was sent and it is compliant with section 87 of the cca. I need to submit my witness statement by the 21of April.

This is what they have added - £5,734.20 Principal Sum £458.74 Interest £455.00 Court fee £100.00 Legal Representative costs £346.00 Hearing fee (which has today been paid) and now the total is £7093.94

Thanks. I now have court date and received a confirmation stating Overdales have paid the court fees. The court date is in May. Totally stressed now as they are adding charges on and driving the figure up to £7000. What can I do if anything?

thanks dx

Directions questionner has arrived and needs to be filed by the 29th of September. Overdales sent a letter stating I have failed to enter into negotiations to settle the debt and they will be presenting the letter to the court.

Nothing on allocation. Claim History Your acknowledgment of service was received on 02/08/2021 at 14:05:35 Your defence was submitted on 23/08/2021 at 15:37:12 Your defence was received on 23/08/2021 at 16:05:39 This is all I can see. My only concern is that they have the full statement with all the transactions from shop direct how would the judge not give judgement in their favour?

can't see anything on MCOL saying directions sent out.

Thanks dx i've read quite a few of these will keep reading. Just waiting for my directions questionnaire. Overdales have sent theirs to me. I've noticed none of the boxes have been ticked for example the mediation service boxes haven't been neither yes nor no. Same for the small track nothing ticked. Only the hearing venue to be by phone. is this normal?

I've looked through the site for claim forms lowell and can't find many similar cases.

Directions questionnaire has arrived will be able to post it here tomorrow. Thank you

Thanks again. I was just worried because I read on here that the judge awarded a similar case to the debt collection agency and quoted some case saying assignment is legal and I don't have any sort of defence. I just don't want to get to the stage where I have to go court and the judge says you have to pay it all in a sum which will be impossible.

sorry i misread its not a consent order i have no idea what that was I just panicked as I can't afford any big problems. 2021-08-26 overdales begging letter.pdf

Hi Andy Sorry I'm just worried that the court will say pay it all back in a lump. I can post the letter they sent if it makes any difference.

It seems overdales have decided court it is. Sent me a letter stating I have till the 9th of September to get in touch or they will be sending a consent application. oh well thanks for all the assistance but I won't get anywhere in court unfortunately.

Done submitted. Thank you again.

I can't thank you enough . Thank you so much.

Thank you this is brilliant. Should I post this or wait till Andyorch pops in? Thanks again I really appreciate this.

thank you so much

I am stuck really can you possible help in anyway what I can write? as all the documents seem to be correct. Or even one example on here I can use? If its not something anyone can help I will have to try a DMP with them.

This is what they sent me originally and sent the same again. Apart from the new letter which I have scanned in separately on the back of the letter from overdales there is a screenshot of the debt sold to lowell via some sort of emulator. Scan-compressed.pdf Scan.pdf

Overdales Solicitors have sent all the documents stating they have sent them previously. I'm now very concerned as I can't think of any sort of defence. I've searched through here but only found a case where Lowells won and the defendant was asked to pay the full amount. I did see a letter in the bunch where it says Lowells say they have bought the debt but then another letter from the catalogue company saying it's been assigned to Lowells. Is this not a contradiction or does it not matter? My defence time will be up shortly. Any help at all would be great. If I agree to pay lowells on a plan does this automatically give me a ccj? Thanks

I've read quite a few however am none the wiser. I know its self help. Unfortunately I can't understand what or how i'm supposed to do a defence? Pleas just help if you can. Thanks

I've done the MCOL AOS. This al looks so daunting right now. Now what do I do? I've no idea what the defence can be. I will send the CPR 31:14 today.

thanks will do that.

Name of the Claimant ? Lowell portfolio ltd Date of issue – 22 July 2021 Particulars of Claim What is the claim for – 1.The claim is for the sum of £5734.20 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a shop direct account with an account reference of xxxxxxx 2.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. 3.The debt was legally assigned to the claimant on 29-06-20. notice of which has been given to the defendant. 4.The claim statuary interest under S.69 of the county courts act 1984 at a rate of 8% per annum form the date of assignment to the date of issue of these proceedings in the sum of £458.74. The claimant claims the sum of £6192.94 What is the total value of the claim? £6747.94 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? Never changed Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I cannot remember Did you receive a Default Notice from the original creditor? yes Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? My wife was hospitalised after the birth of our baby girl, i had to look after my two other children plus my wife and new baby, also lost my job and I had to try and manage everything and I couldn't cope. What was the date of your last payment? Nov 2019 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here