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    • 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!!          
    • @dx100uk   I have filled everything  I can online against the claim apart from my defence yet. I still have a few weeks for this. I am defending the whole claim.   I filled out another CCA form and a CPR 31.14 to Overdales and sent this recorded last week with a covering letter. I also did a SAR to Lowells which haven't even signed for the letter looking at the RM tracker.   Overdales wrote to me today sending me copies of the same S78 as shown in #6 post above. (if you wouldn't mind taking another look and seeing if they have sent enough or is something missing?)   In the covering letter I told them that the only information they have supplied is copies of a digitally signed agreement with Very and a copy of the T&C relating to that. I am missing things like notice of assignment, default notice and any copies of statements relating to the account. I also mentioned that they claim over £3000 on a littlewoods account and haven't supplied any information relating to this account at all.   So they ignored all that and just sent me the same files as last time and have told me they won't discuss the account anymore only to arrange payment or take it to court.   So it looks like the court route.   I can defend the claim online upto 1000 words can you submit documentation to the court as evidence e.g attachments or would this be done in person on the day or write to them with the documentation?
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Should I contact Thameslink Prosecution Dept before receiving the notice to prosecute?


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And Hello everyone,

 

I have just registered on the Forum and this is my first post!

I was hoping to pick your brains a little regarding a similar issue I have found myself in.

 

I have travelled from St Pancras to St Albans on the Saturday just gone.

My partner and I have stupidly used my bank card

- thinking that St Albans was still covered by the London zone!

 

It's a complete mistake on our part which I have admitted to the staff at St Albans station, and apologised.

 

I have asked if it's an option for us to purchase a ticket now (hoping they would exercise the discretion) which they have not.

 

In fact, the first officer said that I ought to pay the penalty of £25 which I thought was too much (given the standard penalty is £20).

I have simply asked him to explain to me why it is more than £25 pounds.

 

At the same time my partner was speaking to the second officer who said to him that he can pay the amount £11.80 now, and the rest he can appeal later.

When I heard this, I asked "my" officer if I could pay the same to which he said no.

 

I asked why that was the case but he just said that was up to him

- essentially charging me more than my partner, and for the same offence.

 

I though it was not fair, and refused to pay the £25.

He automatically started filling in the MR 11 notice (the "witness statement").

 

I had no idea what that was, and asked if he could explain which he just said - this is a legal document.

I asked if he could please confirm that he is indeed entitled to serve this to me

- I asked for his employee reference number and to show me a badge with his picture on.

He told me his employee number, and refused to show any documentation to support it and said that I would just have to believe him.

 

At this point I said I would rather pay the £25 penalty fare (I did not understand the MR11 but it sounded scary), but "my" office said that it was too late.

 

I suspect I will be receiving the notice to prosecute very soon.

 

My question is

whether I should wait for it to arrive, or should I contact the Prosecutions department now, before the notice arrives.

 

I never not wanted to pay the penalty fare, I just wanted to be treated in the same way my partner was

- i.e. pay £11.80 penalty fare rather than £25.

 

I still want to pay for the journey I made/penalty fare, but I can't do that via Thameslink Customer Department (because Penalty Fares Department is independent to GTR).

 

I would be grateful for your thoughts,

 

Many thanks in Advance

Majka13

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short answer is NO

await the letter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Hi guys,

 

Me again. so it has been well over a month since the incident and I STILL have not received a letter with intention to prosecute from Thameslink. I haven't received any letter in fact, and I am started to get really worried and probably a bit paranoid that it has gotten lost in the post etc.

 

should I still wait for the letter to come? Or contact the train company?

 

Thank you very much for your help

 

Majka x

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they have 6mts

but might not do anything.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh do They? I didnt know so Thank you. They said I'd get a letter within 2 weeks!

I am moving home in 2 months. What happens when the letter arrives while I'm not living there anymore?

 

Thank you

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you should always write to all your creditors listed on your credit file

and these people too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you should always write to all your creditors listed on your credit file

and these people too

 

Thank you.

 

So the advice is to write to them (I could only find a general email via google), letting them know that I will be changing the address, even though I haven't heard from them yet (your previous advice was to wait to hear from them first).

 

Thank you

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id wait until you move but I wouldn't risk getting a criminal record for the sake of writing a letter.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx.

 

I thought you can't get a criminal record without them notifying you first

- although the so called bounty hunters might just be the us thing.

 

I'll let them know I'm changing the address.

 

Thanks again

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