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    • Sorry I can't edit the post now meant to change it so that the Claiment is (lowell portfolio LTD)   I have done everything you have said already.   registered online on the GOV site, I have my date set already to file for defence which is 2nd February, CCA request sent off along with CPR forms recorded with postal order.   I have had a reply back already from Overdales sending me the same CCA information as last time.   All that is left to do now is file my defence online. Overdales no longer wish to respond to me unless I make payments. I will file my defence online Thursday next week. (my DO work)   post #6 has the CCA information overdales sent me as per post #20 if you could cast your eyes on the PDF document again they don't seem to have sent much and it's what they appear to be using in court.   Would you say that is enough info for them to use should it go that far? my defence is that they haven't supplied all the paper work to make and informed decision about the debt and they haven't complied with any S78 request or offered any explanation as to the missing documentation I have asked for it has left me in a position regarding payments to any debts up in the air because there isn't enough information regarding the debts.   Thanks   Again
    • name of claimant is not overdales - a solicitor representing a client cannot be the claimant.   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site Go to HMRC's login page. Click the GREEN sign in button. Click “Create sign in details” Enter your email address where asked. You will now be emailed a confirmation code. ... You will now be issued with a User ID for your government gateway account.  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant ...YOU MUST SEND A CCA REQUEST FOR EACH DEBT IN THEIR POC https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
    • Which Court have you received the claim from Northampton N1   Name of the Claimant ? Overdales   Date of issue –  31/12/2021   Date to submit defence  - 2nd February    Particulars of Claim   1. claim comprises of the following agreements the defendant entered into: a) shop direct financial services current balance £937 B) shop direct financial services current balance £3742   2. The agreements were terminated as payments were not maintained and subsequently assigned to the claimant A) total sums = £4679 B) interest pursuant of s69 £374 c) costs   What is the total value of the claim? £4680 = with court costs and interest = £5609   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? N/A 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 2007   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 (LOWELLS HAVE THE DEBT AND OVERDALES ARE ACTING ON THEIR BEHALF)   Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   Did you receive a Default Notice from the original creditor? NOT SURE IT'S BEEN A WHILE 3 YEARS IN DEBT AT LEAST   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? WAS WITH A DEBT CHARITY (STEPCHANGE) MAKING PAYMENTS TO A NUMBER OF DEBTERS WIFE LOST 2ND JOB AND COULD NO LONGER AFFORD PAYMENTS (STEP CHANGE SUGGESTED I GO BANKRUPT I DIDN'T WANT TO DO THAT) CAME TO CAG FOR ADVICE IT WAS SUGGESTED I DROPPED THE CHARITY AND WENT ON MY OWN. FOUND IT EASIER SOME DEBTS ARE BEING PAID SOME CAN'T GET CCA INFO SO NOT HEARD FROM THEM FOR AGES OVERDALES HAVE BEEN THE ONLY PERSISTANT ONES FOR THIS DEBT.   What was the date of your last payment? CAN'T REALLY REMEMBER BUT PERHAPS 2017 OFF THE TOP OF ME HEAD   Was there a dispute with the original creditor that remains unresolved? AT THE TIME WHEN WIFE LOST HER JOB THEY WOULDN'T REDUCE PAYMENTS INSTEAD PILED ON INTEREST AND FINES. ENDED UP NOT RESPONDING TO THEM ANYMORE AND BEEN IN DEBT SINCE TO DCA'S   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? YES I DID AND THEY WEREN'T INTERESTED
    • So many memories of listening to his tracks when I was younger, also making me feel rather old as well
    • whoever said send an sar to the fleecers or their dogs, waste of time, thats what CCA/CPR does.   you should NEVER EVER be sending ANY covering letter to anyone that tips them off how you might later defend a claim you've been here far to long to now be making such schoolboy mistakes ALWAYS check with us before you do anything!.   can you get that link done please?   WHEN you have done that we will advise your next steps.   your defence will be our generic one slightly adapted which is in just about every 'CAT claimform' thread here.   use our enhanced google search box.   you dont file anything with a defence disclosure come at the witness statement stage IF IF IF it ever gets that far.   i strongly suggest you go read a few 10's of cat claimform threads here so you know what is to come, how to react, and the various stages of the court claim. please other than filing out our link, dont ever do anything more without checking here FIRST but DO NOT ever miss your defence filing date which we dont even know yet!!          
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Cerise -V- Bank of Scotland


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Hi Cerise

use this link.

sorry cant get the link to work.So go into Scottish section, near the top there is a post "scottish procedure" by Scotia, its also in the guidance notes.

its a copy of how to fill in the claim , just change the dates and stuff. This is the statement i won with, Twice. With loads of thanks to Scotia.

mairi

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  • 2 weeks later...

Havent sent away the court papers yet but got a letter from the bank on Friday offering me 222 pounds back. Shall I reply declining the offer and tell them they have 7 days to offer me a full refund of 1300 pounds or I'll pursue it through the courts, or shall I just go ahead & send my papers away to the court?

 

Im thinking maybe the former option because I kinda messed things up a bit and dont have the spreadsheet of charges to send to the court, which they are requesting I send with the claim papers (should of made a photocopy before sending them to bank) and have had to request my statements all over again so I cant really do anything till I get those anyway.

Any advice would be much appreciated

 

At least we're getting somewhere now!

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hi cerise

send the letter accepting the £222 in PART settlement of your claim, let them know you'll be back for the rest. Say in your letter i look forward to your reply. (this will give you some time) I wouldn't give them 7 days because you may not have received your statements by then.

Have your claim all ready to go and as soon as you have a new list of your charges made up you can pay a visit to your local court.

hope this helps

mairi

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OK and fill in the acceptance form? Not sure if I should incase they write back and say ok you accepted the 222 by sending back the form and thats all your getting kind of thing! So just write them a letter telling them I'll accept that as part settlement and if this is not viable, ill be proceeding to court?

Thanks Mairi

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"So just write them a letter telling them I'll accept that as part settlement and if this is not viable, ill be proceeding to court?"

Looking at my OH offer letter and form, I wouldn't bother filling it in, i'd just send a letter. It will probably lead to a second offer which will at least buy you some time.

mairi

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  • 3 weeks later...

No response to my letter sent 2 weeks ago declining the offer of 222 pounds. I called the fife number to ask if anything had been sent to my old address (moved house recently) and was told by the operator that nothing had been sent after the last letter from Elaine Brown offering 222 pounds back.

So Ive no choice but to take this to court now, grrrrr, they had to make me fight it all the way and Im leaving the country December 1st for a year!

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BOS wont play! Try sending an LBA with a completed N1 form ( or Scottish equivalent) attached (complete online and print off two copies - one for you) Use the guidance in the templates section for the wording on the court form. Give them 7 - 14 days (whichever you prefer) to repay your claim in full or you will action the court form. Looks like they will only respond to court cases in the end. Good Luck!

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Good idea, might as well do that whilst Im waiting for the 2nd lot of statements to come through.

Sent 3 emails to them ([email protected]c.com) as well and got no reply but got 3 read receipts..........hmmm.......

Funny how when the tables are turned they dont want to know!!

If it was me owing them 1300 I wouldnt hear the end of it.

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If it was me owing them 1300 I wouldnt hear the end of it.

LOL. That is sooo very true. They'd be phoning you every 5 mins.

Once you have written to them 2 or 3 times they seem to catch "selective hearing/reading syndrome"

Some of the call center staff are nice though and they ain't paid too well, so maybe if you speak to someone with a sympathetic ear you might get the statements sharpish.

mairi

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Received a letter when I got home yesterday offering me 668 pounds.

Shall I reply declining it, enclosing a copy of the claim form or just go straight ahead with the claim?

Time is not on my side - Im outta here in 7 weeks! Lets say for talking sake I sent away my claim to the court today - how long roughly would it take for the hearing date?

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N1 form is for use in English court system, if you follow the http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html you will be fine, forms 1 and 1B!! Good luck!!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Good stuff, thats the one I filled in. Any chance I can email you it so see if its been done correctly? Dont want anything else messed up, Ive made a pigs ear of it as it is!!

 

Sooooo, should I send a copy of the claim form to BOS and say if I dont received a full refund in 7 days, Ill be sending the claim to the courts? Might as well chance it while Im waiting on those statements anyway as I cant send papers to court without that bloody spreadsheet of charges!

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I know but Im sitting here diddling my thumbs whilst waiting for these statements to come through so I might as well try something rather than do nothing? See if they'll cough up the full amount if they see im serious about going to court.

Aaah its worth a try, Ill send it off today and see how it goes :p

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I wouldnt recommend that, they won't pay out until they have the court papers from th ecourt your wasting your time doing that as theyll just think anyone serious enough would just go straight through the courts!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 2 weeks later...

OK finally got my statements sent through again and I need to do this spreadsheet thing so I can send it to the sherrif court - does it have to be a spreadsheet as Im not very good with excel or can you just list the charges with the date beside it? If it has to be a spreadsheet - can anyone send me their copy and I can chage the figures/dates in it?

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