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nicurro

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  1. Quick update: Letter received from Overdales today saying that they are requesting mediation and we will receive directions shortly.
  2. Hi Andyorch, yes thanks it was just added the account no. where required.
  3. Defence added to MCOL - I will update in due course. Thank you again ......
  4. Hi Andyorch, Sorry to ask but any thoughts on when the draft defence will be ready?
  5. Ok Andy thank you. I was thinking that if I cannot log into the claim could it have been withdrawn ?
  6. Tried to login to MCOL just to make sure that when the defence was ready for submitting there would be no issues tbh.
  7. Hi, just tried to login to the claim on MCOL but cannot access it. Message appears saying that Claim number or password is incorrect even though they are as on the claim. Do I now need to phone them?
  8. Not sure if I am on the right track with this but below is the defence I have put together: 1. On the 14th August 2021( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR sufficiently and remains in default of the section 78 request. 2. The claimant has not provided a true copy of the CCA despite requests being made but instead I received a response dated 18/09/2021 stating `please find enclosed a copy of the agreement’. 3. No valid copy of an executed consumer credit agreement that complies with the CCA1974 has been received by the defendant. 4. The `so called ` copy of the agreement stated in claimants letter dated 18/09/2021 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application.The document has no digital ID to show where the agreement was supposedly signed. 5. Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for 7. Show how the Claimant has the legal right, either under statute or equity to issue a claim. 8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. 11. It is therefore requested that the Claimants Claim is struck out pursuant to the above.
  9. Just a quick update on this, we have just received an email from the ombudsman after almost 1 year saying that they have assigned an adjudicator to the case. probably doesn’t change the court case but thought I would let you know. We haven’t received anything further from Overdales or Lowell since the last upload of docs. thanks
  10. Yes dx100 - one did have the name and address on as you said. NO IP address box filled in from the online sign up PC - is there box for this ? Is it usual for the IP to be listed on the form? Is there a way forward yet or do we just wait a bit ?
  11. Documents received attached from CPR request - Overdales solicitors CPR Overdales - 13-08-2021.pdf
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