Lowell/Overdales - PAPLOC Now Claimform - 2x Old Shop Direct Isme/Very Cat debts

[finaldj]

I dealt with Overdales in February for 2 catalogue debts passed on from Lowell both debts are from the same company Very and Littlewoods they have put the 2 debts together for a total amount of £4680 but listed the 2 account numbers seperate. They sent a LBC back in February relating to these 2 accounts which I responded with a CCA request.

 

I was then contacted mid March by a woman via facebook that lives 100+ miles away asking if I was the person in the letter she had received and a photo of the contents that came to her which had my name and address on it. It was all the details relating to the CCA request and they had put a copy of it in with documents relating to her as she had a debt with them.

 

This took a few months to sort out and they investigated admitted fault and sent me a cheque for £200 by way of an apology. About July time they sent a fresh copy of the CCA request documents. However the documents they sent only related to Very or Isme as it was called back then and nothing relating to Littlewoods. I didn't do anything about this as some parts of the documentation seemed to be missing so just left it.

 

On the 1/11/21 another LBC came through the post giving me 30 days notice which I will respond with another CCA this week.

 

Just to clarify what they should send if they decided to go down the court route.

 

The last CCA request documentation they sent me was only from Very and not Littlewoods which I requested as well. This documentation contained the T&C about 3 pages and the digital contract I signed (nothing else) is this enough what else should legally be with this??

 

Not 100% sure how I got credit with Very the first time as when I applied I put (MRS) my first and last name but I am male they gave me credit anyway so on the credit agreement I noticed it was signed as (MRS) does this make a difference?

 

They didn't send Littlewoods details last time I used both account numbers on the CCA forms but they missed this one out so I'll be sure to include both again this time.

 

Again thank you for any input supplied.

 

 

[BankFodder]

It's a bit of a convoluted story and will need sorting out a bit. I'm sure that my site team colleague @dx100uk will be along soon to provide the necessary help.

However I have to say that you've been here since 2009 and all of this has been going on without you referring to us for help. I'm amazed.

In particular, you have been the victim of a data processing error and you have accepted bonbons of £200 when in fact it would have been worth a good bit more and you could really have gone on to the attack. However by accepting the little bribe that they offered you, you have lost your rights in this case.
I don't really understand why you want to give your hand away so quickly – and why you don't come here for help because this is exactly the kind of thing which we deal with.

I think it might be an idea to start off by outlining the details of each debt separately so that it is more clearly understood rather than the jumble that you have given us above.
 

[finaldj]

Hello Bankfodder,

 

You guys have helped me out loads in the past with multiple debts at least 30k worth of debts. Some of them are still out going semi regular letters and took no further action so far. a couple couldn't get the information from the CCA and not heard from them in 2 years I was with Stepchange put didn't find them that helpful it was you guys that suggested I went it on my own instead and it's been better since I did this.

 

Lowell or now overdales as they passed the debt onto them have been the most persistant ones.

 

I apologise with the (data processig error) it never crossed my mind to come here and ask for help with this I assumed it would be a debt regardless of the error they made. The excuse they used was that it was an error at the print department I just assumed to argue further when mistakes happen that I would have been just arguing for the sake of it when they admitted fault? but I will take note of this.

 

So setting aside my other debts you've helped with these already in the past.

 

These 2 debts relate to Very and Littlewoods I had accounts with both of these and they have been debts for maybe 3 or 4 years now. The total Debts for both are £4680 and Lowell took these debts on from another debt company in May 2020, they have since instructed Overdales to act on their behalf since around November 2020.

 

Very  = £937

 

Littlewoods = £3742

 

I did a CCA to overdales after a LBC was sent to me this included both account details relating to the 2 debts so I asked for information from both accounts. As stated above they sent my information to the wrong person and this took a few months for them to investigate and sort out. They eventually June/July I think it was sent a cheque along with the a copy of the original documents relating to the CCA.

 

The documents supplied had 3 pages of the T&C of the credit agreement and the document that had my digital signiture on, This was for the Very account (by which for some reason I had put myself down as a MRS) when I signed upto the credit agreement so not sure how I passed a credit check to get an account with them to start with unless it doesn't matter what you put as a title when doing a credit check as long as the rest match up?

 

The information that was also on the LBC was for Littlewoods as well so the CCA was for both Very and Littlewoods.

 

However they haven't sent anything relating to Littlewoods just them few scraps of documentation from Very.

 

So I just ignored the documents they sent me and cashed the cheque.

 

I have since 1/11/21 received another LBC from overdales giving me 30 days notice.

 

I will send off another CCA for both Very and Littlewoods.

 

What I want to know is what should they supply documentation wise to a CCA? other than the T&C and proof of signiture should there be a load of other documents sent with them as proof on their part?

 

thanks

[dx100uk]

We'll decide if what they've sent meets the cca.

scan up each cca return to one mass pdf

 

In The loc reply you sent to overdales it also asks for all other docs inc thinks like default notices too.

 

Dx

 

 

[finaldj]

Hello I will scan the current documents in later tonight. I haven't replied yet as I sent the CCA off again with the pre action protocol letter and they have replied today.

 

They are refusing to sending any documentation as they say they have sent me copies already relating to both accounts and now want to talk payment options or they may take it to court.

 

The only documentation they sent that I will scan up later is related to Isme/Very account and was a 3 page T&C form and a copy of the digitally signed agreement form to the credit aggreement.

 

Thats it nothing else was included. They never sent me anything relating to my littlewoods account. I did include both account numbers relating to the account but they appear to suggest they have sent me all information and they haven't.

 

I'll scan up the exisiting documents they sent me tonight and follow on what you suggest from this point.

 

Thanks

Edited December 8, 2021 by finaldj

[finaldj]

Thank you,

Here is a copy of the documents that you asked for Isme/Very account.

Overdales haven't sent me a copy of the Littlewoods documents and I am sure some things are missing from the ones supplied here that they should have sent.

 

As already said above I filled in the pre action letter again along with a CCA for both account numbers but they are refusing to send anything saying they have sent everything and only want to talk payment terms or court

 

 

 

overdales PAPLOC return.pdf

[dx100uk]

slipping back into old habits i see

just type no need to hit quote

 

i'll look at those later.

yours is not the next move.

 

 

[dx100uk]

well there are no IP addresses on those and ofcourse they'll also need the notice of assignments and Default Notices

we've seen them discontinue with better paperwork .

 

i would reply using the post 2 attachment in our letter of claim thread

reason: the claimant has failed to supply all the required paperwork

no need to re CCA.

[finaldj]

Yeah sorry about that tagged you then read your Sig about not tagging.

 

What do you mean by there are no IP addresses on those?

 

Does it matter that when I applied for an account with Very that I put myself down as MRS as stated in the signiture? it didn't seem to affect my application as name and address were correct.

 

thanks again

[dx100uk]

go have a look at lowell cat claimform threads 

you'll soon get the idea

 

if these were online signups with a box you ticked, then should be recording the IP of the device used.

 

anybody inc lowells can have a filing cabinet of agreements that all they do i insert your name on and then type it again elsewhere and fill in the tickbox, that does prove anything, it can be faked and going bythe number of cat debts lowell discontinue or lose. its also worthy to note lots of agreements can be downloaded from this very site, like yours.... no proof YOU actually did it.

[finaldj]

Hello DX

 

I sent another letter regarding the missing documents they hadn't sent and they have ignored this letter.

 

Today I have a letter from the courts now issue date 31 December

 

2 accounts

 

£937

 

and

 

£3742

 

I can't dispute that I owe the money as I did have 2 accounts with them what I have disputed with the DCA is that they haven't provided me the information I asked for relating to a CCA

 

Does it really matter at this point about the CCA with it going to court?

 

If so what will be my arguing defence?

[dx100uk]

i will guess you have a N1 claimform pack from northants bulk court...not 'just' a single letter? ...you are not being very clear here as usual...

 

please complete:

 

 

 

dx

[finaldj]

Yes sorry its the N1 claim form Northants

 

It comes as a pack with N95A and N95B

 

I have options of either countering the claim N95B or filling out N95A and asking the DCA for a payment plan

 

 

 

 

[dx100uk]

link please

[finaldj]

Thanks I had a quick look, will read in more detail tonight when I finish work.

 

The only thing that I don't understand now is, before hand I would have asked for a CCA to prove I owe the debt. They haven't really done this as per the PDF information I sent a few weeks ago with some partial paper work for one debt but not the other.

 

When I have asked for further proof for missing documents they had said they provided these. Which they hadn't, I wrote further presenting this information and the ignored me taking it to court.

 

If I go to court the debt shows it's in my name the only case I have is that Overdales haven't sent me the S78 proof showing that I owe it as per my request. would this make a difference to the court?

 

Seems pointless if it doesn't matter I could fill out the N95A form instead of waiting for court admitting the debt and still having to pay with a CCJ?

Edited January 5, 2022 by finaldj

[AndyOrch]

Quote

onlycase I have is that Overdales haven't sent me the S78 proof showing that I owe it as per my request. wouldthis make a difference to the court?

 

Being in default of a CCA request and unable to comply the claimant is unable to enforce the agreement by law.....so yes it will make a difference and so you must defend the whole claim.

 

Andy

[dx100uk]

you should have left things alone.

you were told yours is NOT the next move 

but you persisted in sending pointless letter tennis pressing them that showed them you are scared.

 

so lets progress the court claim, looks like the debtor is panicking and might just wet themselves or mess up during the process and we get lots of free money.

[finaldj]

DX100UK,

 

#8

i would reply using the post 2 attachment in our letter of claim thread

reason: the claimant has failed to supply all the required paperwork

no need to re CCA.

 

Perhaps I read what you said wrong but I took it I was replying to them with another letter before claim form which I did informing them prior to the last letter saying the supplied paper work was still missing information that forms part of a S78 and you hadn't supplied any information regarding the other account.

 

So I have read through the pages relating to the court claim.

 

I am going to tick the box "I  intend to defend all of this claim"

 

For my defence I state that on XX XX date I was sent a letter before claim form. The form was filled out asking for more information and a S78 was requested the paper work relating to this was sent to a wrong address in another county. Overdales admitted liability for this.

 

Some months later I had to ask for the S78 information again to which they sent. The supplied documentation only relates to one account XX XX and not both accounts they are claiming for. There is also missing information not supplied as per the S78 request for account  XX XX. See documentation supplied to the court.

 

Overdales wrote to me again on XX XX date with another letter before claim form again I responded asking for more information relating to both accounts under a S78 request. Overdales responded with a letter saying they had already supplied me with all the documents as per the request. As the court will see in the supplied documents this is all they have sent me.

 

I sent Overdales a copy of my own letter before claim form after receiving their letter saying they had supplied all documents, I supplied a covering letter stating which accounts they hadn't sent me and the one they had sent was missing paper work relating to S78 and could they please supply this information for both.

 

This letter went ignored and they took the matter to court.

 

 

Does this sound acceptable?

 

I'm open to better wording.

 

 

[dx100uk]

13 hours ago, dx100uk said:

i will guess you have a N1 claimform pack from northants bulk court...not 'just' a single letter? ...you are not being very clear here as usual...

 

please complete:

 

 

 

dx

please
 

[finaldj]

@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?

[dx100uk]

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!!

 

 

 

 

 

[finaldj]

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

Edited January 22, 2022 by dx100uk
formatting

[dx100uk]

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]

..............

 

 

 

[finaldj]

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

[finaldj]

DX,

 

I've just noticed something, if you look at the uploaded documents relating to the CCA #6

 

You see the 2nd and 3rd page are contracts the first one is a blank contract the 2nd one is a digitally signed contract for Very. I can only assume the originally creditor sent the contracts digitally to the DCA and it looks like one of them has either been printed out as a blank page or they have removed the information from 2nd contract and made it look like 2 seperate contracts?

 

It looks like they only have information relating to Very and not Littlewoods? surley a none signed contract with no name detailing no amount of credit is not legally binding in court?

 

It looks like if it gets to court they'll go for the Very account but not have a case to argue the Littlewoods one?

 

Shop direct own both companies so assuming regardless of one signed contract for one company name would still need a seperate contract for another? and one signed contract doesn't work for both?

 

If this does go to court at what point do I ask for the hearing to be done local to me?

Edited January 23, 2022 by finaldj