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

[AndyOrch]

  Still contact your local county court and inquire that you have yet to receive a Notice of Allocation n157.

[finaldj]

Would that be wise for me to push the court for a hearing or leave that upto Overdales to do this? would the onus be on them?

 

I've had recent emails from Overdales wanting to offer a reduced offer or a payment plan or they may have to seek further action. The same emails/letters I was getting before they started pushing for court.

 

The last contact I had was April when I contacted the mediation service to inform them a few days before the meeting that Overdales hadn't supplied all the paper work I had requested so as per the mediators paper work saying they couldn't go ahead without both sides having all the documents they said it would have to be refered to the local courts to decide. That is the last time I heard from anyone.

 

I took it under the assumption there was a que waiting to attend a hearing "covid delays" etc or Overdales hadn't yet decided to take it that far.

[AndyOrch]

You wouldn't be pushing for a court hearing , you could be missing important information and risking your defence being struck out.Hence the need to inquire.

 

This is the important part of your post and why I advise you to check it.....

 

Quote

Your claim was transferred to LEEDS on 29/04/2022

 

Once the above happens the claim is now live and is proceeding to a hearing. Say for example they sent you the Notice of Allocation 5 weeks ago and it never arrived and the hearing is next week and you should have submitted a statement by last week...you wouldn't be any the wiser.

You will lose because you didn't comply with the directions.

 

Check with Leeds CC

[finaldj]

Thank you, I can't call today but tomorrow is my day off work. I'll get them called and chased up tomorrow.

[AndyOrch]

Just ask if a Notice of Allocation (N157) has been processed and if so has it been sent to you...if so you have not received it and ask for a further copy .....if not don't worry that's Leeds CC problem

[finaldj]

I gave them a call it hadn't been processed yet but told me there was some delays anyway. He asked me if I had noted down any days I wasn't available as this could be holding back at the moment and I said yes August.

 

Today I got the (N157 form) with a hearing set for 28th September the Claiment has to pay the court fees by 14th September. 

 

It says the hearing will take 2 hours. What do they do in this 2 hours that takes so long? seems a long time for a hearing.

 

I have 21 days to send the paper work off to both so can do this next week I've got most of the paper work I need to submit I just need to put it in some order with a statement.

 

They havent sent me any forms I need to fill out so assuming as per the guide on the N157 form I just put what I need in a chronological order. Which for me is

 

they sent me a black contract statement one for Very and I can only assume the other it littlewoods. the Very one is a signed digital contract with credit amounts etc

 

The littlewoods one has no name  to say it's for them,as to who the contract is for and the bits that should be filled in credit amounts, APR and anything signed are all blank. I pointed this out to overdales many times when clearly asking for evidence and they said it's all there and won't be sending anyfurther documentation.

 

when sending there bit's of evidence into the courts I got a further letter from them to tell me they were applying to the original creditor for the default notices so should receive them in due course. These never showed up.

 

My defence from the outset is that they never complied with the section 78 order in supplying me with all the relevent documents relating to the debt and ownership.

 

Is it worth mentioning in my witness statement that they had messed the debt up once by sending the supplied documentation that the court will have to the wrong person originally just to show how much they've messed up since the allegations of the debt? or just stick to relevant facts?

 

Thanks

 

 

 

I meant to ask,

 

If I lose in court how is this likely to go? CCJ, mediation again or will the judge likely allow a payment plan if they don't accept my defence?

[dx100uk]

if you lose it will be a ccj, if paid in full within 30days no CCJ. if cant the judge will set or you can via an N245 latterly set a £PCM. dont talk before or after outside of court with the fleecers ..smile walk away. 

 

i cant see you losing mind the paperwork is pants is it not?

[finaldj]

Yes the paper work isn't even complete for the CCA request, Will be interesting to see what they send me before the hearing but this will be my defence.

[finaldj]

Just wondering if I should be getting any documentation from the other party before we attend court. The letter states 21 days before the hearing but doesn't imply if that is just for the courts and anything they send me can be done the day before the hearing?

[dx100uk]

not been reading up.....

witness statements

 

dx

 

[finaldj]

I'm reading the court document that states: -

 

Each party must send to the other party(s) and to the court office not less than 21 days before the date of the hearing, all documents which they intend to rely upon by sending or delivering a hard copy or emailing. The judge may refuse to consider a document of all witnesses (including the parties themselves)

 

Maybe just my misunderstanding but I have read through the court documents which explains what to do?

[dx100uk]

Ws's were due in a week ago?

have You done yours?

[finaldj]

Mine are already in and sent recorded, Not sure if they have sent theirs in, but I haven't got anything from them and today was the last day. There might be something recorded online I'll check later on that.

 

Mine is all in order indexed and page numbered for the judge in chronolgical order

[dx100uk]

How about leaving it till the 15th then ringing to see if they paid the fee too..

 

well done on the ws...  

[AndyOrch]

Check with the court to see if they filed it and not served you..if not filed it at all then you can request that a note be put on the file that the claimant has failed to comply with directions and ask that sanctions be imposed.

 

As we get nearer to the hearing date and they still do not file or serve you you can submit a supplemental witness statement to request that the claimant be barred from relying on any written evidence...and sanctioned.

The court will decide what is fit most probably strike out the claim.

 

Andy

 

[finaldj]

Update....

 

I rang the courts on Friday and spoke to a clerk who said they would look into it and call me back on Monday, This call never came I went to call them this morning (my day off work today) and the paperwork from overdales has turned up. Funny how all the letters are dated 5th and 6th they didnt send it recorded either so can't prove I didn't get the documents on the correct day by the 7th at the latest.

 

Suddenly they have all the correct information they hadn't sent me before. The blank contract is now no longer blank and has all the correct information, the default notices have suddenly turned up with the paperwork so everything I have been asking for the best part of a year or more has suddenly turned up ready for court.

 

They've also included statements from the catalogues that show things that have been bought and paid for, showed documentation from when I was paying payments through stepchange then stopped. They are saying that I have admitted I owe the debt and despite at least 10 letters sent to me offering loads of ways to pay they have gone all ignored.

 

They stated that all the things like default notices, notices of assignments and contracts would have all been dealt with by the original creditor and I know this and I am just using delay tactics to try and get out of paying. They have stated that they have sent me all the correct information originally even though I have written to them loads of time asking for the same information they have sent me just to delay any payments.

 

My defence was never to deny the debt I was asking for the DCA to supply me with information relating to the Section 78 request to ensure they have all the correct paper work themselves to show proof of debt ownership this was why we couldn't do mediation because paper work was missing.

 

What do I in this situation now all the paper work is there the contract, defaults and notice of assignments? and further proof of payments in the past a debt charity? I could say to the judge they've messed my about taking it this far to court to add on another £1000 to the fees when all this could have been avoided.

 

I'm look for an angle of approach?

[dx100uk]

they arent contracts they are agreements.

 

please scan up to one mass PDF the 2 agreements

the DN's

the Notice of assignments.

 

the statements we dont need.

 

attach here as a pdf 

[finaldj]

There you go been a while since I did this but looks ok. a copy of their documents they are using.

 

Noticed there is only one Default notice? should there be 2 or just one for both accounts?

 

they've also only give one what they call notice of assignment for court which states Very/littlewoods account but I have another 2 for littlewoods that has a different date to the one they are sending. the other 2 I have for littlewoods states same dates they bought the debt but the date formats are written different. example

 

04 May 2020 We bought Very - Littlewoods/additions account (letter dated 14 May 2020) top of the letter doesn't say just has an amount for £937 but has the account ref number for Very you'll see that in the uploaded document

 

the other 2 the solicitor hasn't included in his pack and they are for Littlewoods however the date formats are written different. Both say the same things but the dates are

 

25/05/2020 we bought your littlewoods account (letter dated 11/06/2020)

 

letter 2 says

 

On the 25 May 2020 we bought your littlewoods account (letter dated 11June 2020)

 

If these were notice of assignments given my understanding should the date formats be different from each other I thought they were supposed to me original copies from the creditor?

 

Documents (1).pdf

[dx100uk]

DN is a template not the original - void - they've lost on those before.

no indication of the signup method though probably on line but no IP addresses.

ignore the european stuff..pointless guff.

 

 

[finaldj]

What about the notice of assignment does that look legit or like one should be?

[dx100uk]

thats not a NOA but has all your details showing!!

put up that ONE page again 

and i'll replace it

 

dx

 

[finaldj]

Totally confused by another bundle pack that has come through the post from Overdales.

 

they've sent the same pack as the first one dated 6th September claiming the amount of £5609.47 submitted to court on the 5th September

 

Yet this 2nd bundle that has turned up today same documents as the first but ths one is dated 23rd September for the amount of £5955.47 submitted to court on the 23rd September.

 

The only difference I can see is the amount owed. the difference being the £346 they've just paid for the court fee

 

but the amount claim on the court form is

 

amount claimed £5,054.47

Court fee £455

Leg rep costs £100

£5,609,47

 

I thought all documents were supposed to be submitted 21 days before?

[dx100uk]

WS's are 14 days are they not?

 

dx

 

[finaldj]

The court letter I have states this,

 

Each party must send to the other party and to the court office not less than 21 days before the date of the hearing all documents which they tend to rely upon.

 

I don't understand why they have sent me 2 copies of the same document 3 weeks apart and the only difference is the amount owed written on the overdales document which is the difference in the recent £346 court fee.

 

Is this normal to do this prior to the hearing? they also said they would email me a copy as well but that hasn't happend yet and we are in court on Wednesday.

 

 

[dx100uk]

If the only change is the court fees then it's immaterial. You could object , but pretty pointless as you'd be paying the fees if if if you lose anyway regardless to it being in a ws 

 

 

dx