Lowell/Overdale 5xPAPLOC Now claimform - old Cap1Card debt.

[Bazooka Boo]

No I hadn't moved then.

[dx100uk]

well if you wont get mail promptly it might be an idea to simply inform them.

[Bazooka Boo]

Received a second silly letter from Overdales sols, exactly the same as the first ''Letter of claim blah blah blah yawn yawn yawn....''

 

And seeing as I'm still waiting for them to respond to my CCA request, I'll simply ignore them, or I might respond by returning their dumb forms back on the 28th day of their arbitrary 30 day self imposed time limit. 

[dx100uk]

Yes you should

[Bazooka Boo]

Well I'll be damned, Overdales are the old Lucas Credit Services!!

 

Anyhow, I've pinged them an email asking them to respond to my first response back in June to supply me with the CCA etc etc etc, even set up a new email address for them too.

[AndyOrch]

Quote

Well I'll be damned, Overdales are the old Lucas Credit Services!!

 

 

Old news Bazooka 

[Bazooka Boo]

So it seems, been a little behind the curve of late, every day's a school day as they say....

[Bazooka Boo]

Received a further TWO letters of claim yesterday from overdales computer, even calling them hasn't produced the CCA I requested in June, oh well I shall look forward to next months LOC.

[dx100uk]

they are hoping you have moved..

 

reply as post 2 of letter of claim, also with a further CCA request.

reason from thread... despite repeated request the claimant has faile to produced any enforceable paperwork

 

dx

 

[Bazooka Boo]

Yes good call, as I have mislaid the proof of posting receipt for the last CCA request.

[Bazooka Boo]

At long last they finally responded, albeit via email...I know I know, I have specifically set up an email account for this very purpose.

 

Quote

Thank you for your recent emails.

 

We can confirm we did not receive any correspondence from yourself on 30 June 2021.

 

We are currently managing an account on behalf of our Client, Lowell Portfolio I Ltd under the reference ###/#####. The details of which are below.

 

Lowell Reference: #####– Original Creditor: Capital One – Original Creditor Reference:

###### – Current Balance: £###.##

 

We can confirm the account was taken out on 3 October 2013. This account then defaulted on 3 July 2014.

 

We note you have previously said you don’t owe this debt, please provide further information and evidence in order for us to investigate this matter further.

 

You may wish to seek advice from a Legally Trained Professional.

 

Kindly note that we are able to accept an affordable payment offer and we now require you to contact us with your intentions towards the above account. Please be advised that no further action will be taken for the next 30 days.

 

Please respond by return. If you do not contact us to agree a resolution to this matter or set up a payment plan by return, we may request that the Court issue a County Court Claim to you. This would add fees and costs to your debt therefore increasing the amount you owe.

 

If you are unsure about your financial circumstances, you can register an account with us online at www.overdales.com and utilise our handy Budget Calculator and set an arrangement if you wish.

 

Alternatively, if you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk. 

 

If you wish to speak with a member of our team, please call us between 8:30am and 7:00pm Monday to Thursday, 08:30am – 6:00pm Friday or 9:00am and 1:00pm Saturday, on the number provided below.

 

Postal Address: PO Box 1399, Bradford, BD5 5GA

Telephone: 0333 111 0790

Email: [email protected]

 

Yours sincerely,

 

So I've simply sent them an email back advising them that they wouldn't have received it on the 30th as 2nd class post isn't that quick plus that was the day I sent it, and should they advise their client to litigate then it will be robustly defended as they have failed to provide the documents requested.

 

I might even throw in a ''valid even if not read by you'' quote....

[Bazooka Boo]

Does anyone know if these lot are litigious or are they simply willy waving?

[dx100uk]

yes but rarely win if defended properly

[Bazooka Boo]

Fired off a second CCA request today mainly due to me mislaying the PofP from the June CCA request, I expect them to come back with the relevant documents which I shall cross reference with the ones I have already.

 

It isn't going to break the bank, but it would make a dent just before Christmas, and I would loathe to fund Lowlifes.

 

Lets see what they come back with.

[Bazooka Boo]

Quick question please, Overdales came back with a CCA, nothing else, and sent it via email. Should it be a hard copy?

I requested the CCA via mail using the form off here, so pretty sure there should have been other info in the response?

 

Can't load up their reply as am at work, but will upload their response when I get home.

Edited December 8, 2021 by Bazooka Boo

[Bazooka Boo]

299157834 - copy of Agreement.pdf

 

Here is what they emailed in response to my CCA request, 

[AndyOrch]

Are you named on the agreement BB with your signature and blanked it out ?

[Bazooka Boo]

Yes It's all there, although my name is printed on, I took it out online, so was looking for the tick box?

[Bazooka Boo]

This is the latest from Overdales, minus the 27 pages of transactions, any charges have previously been reclaimed so nothing outstanding there.

 

I think I will drag it out a little while longer.

 

Just for info, at which point does it become too late to set up a payment plan? 

CAP 1 PDF.pdf

[dx100uk]

as such there isnt one. 

but that DN says 28 daya, should state a date in the format dd/mm/yyyy

 

and no IP address of signup PC either.

lowells lose so many times on these issues 

[Bazooka Boo]

Thank you DX, 

I had noticed the DN error, and never even thought about the on line sign up details, at least this will give me some more ammo to fire back should they persist in rattling my cage.

 

I shall wait for their next move and go from there.

 

Thanks again DX.

[Bazooka Boo]

I think this is the FIFTH letter of claim I've received off these now, giving me their arbitrary 30 day time limit to avoid  ''legal action'' whatever that may entail?

 

I shall wait until the end of the month and respond by sending back their reply form, might even fill in their I&E sheet too, now what income and savings shall I say I've got?

 

At least 4k a week, with numerous properties around the globe and savings circa 3 million.....

 

2022-02-26 Letter of Claim Overdales.pdf

[dx100uk]

how many more letter of claim are these clowns gonna send

 

dx

 

[Bazooka Boo]

It is utterly ridiculous isn't it?

 

It's almost worth responding with another £1 PO to see what they send back, maybe their computer is on the blink?

 

[Bazooka Boo]

Name of the Claimant ? Lowell Portfolio I Ltd

 

Date of issue – 05 April 2022

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim?

The claim is for the sum of XXX.XX regulated by the consumer credit act for a Capital One account with an account reference of XXXXXXXXXXXX.

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.

The debt was legally assigned to the claimant on 26-07-18, notice of which has been given to the defendant.

The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £20.02

The claimant claims the sum of £270.32

 

What is the total value of the claim? 355.32
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes FOUR letters of claim stretching back to June last year.

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? YES
 

Did you inform the claimant of your change of address? YES

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card
 

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...) ? No dropped off on it's Sixth birthday
 

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? YES
 

Did you receive a Default Notice from the original creditor? YES a faulty one.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Unsure?
 

Why did you cease payments? No means to pay them back.
 

What was the date of your last payment? 25/01/2019
 

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? YES, token payments made until 2019.

EDITED.pdf