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

[finaldj]

No problem thought I just better check before going. I was just thrown out why they would need to send the same documents to the court twice and me. So yeah the only changes are the final fees inc the recent payment for court bumping the amount up.

 

Nothing has changed for me from my standing defence. even though they have picked out 55 points of nonsence where they appear to spout a load of article this, section that which all amount to the fact I have admitted loads of times I owe the debt which I haven't and they haven't got any proof I said that other than me requesting the section 78 about 4 times because they never sent the correct documentation to proceed further.

 

They've asked the judge in the documents that I be held accountable for abusing the power of the section 78.

 

 

[dx100uk]

abusing sec 78? is this in the last ws?

 

dx

 

[finaldj]

for example the Default Notice they said 11. on their WS - They have been unable to provide me with a copy of the default notice that was sent to me around the 27 January 2020 because it has not been retained.  the DN I showed you in the PDF uploads that was blank is apparently a copy of what is on shop direct system and supplied to Overdales who never actually sent me and just provided it with the court documents. But not relevant because there isn't anything on there that relates to me.

 

18. in their WS relates to agreement 2 which states I had an agreement between shop direct and myself in relation to a credit card agreement. I've never taken out a credit card with shop direct as they use capital one and I already had a CC with CP1 so that must be a typo and they mean I had 2 agreements with them relating to separate companies e.g littlewoods and Very

 

22. again with the 2nd default notice for the other account they have taken screen shots from shop direct to show on their system they did send a DN to me but can't get the original document they would have sent so are showing screen grabs

 

47. This is what they said about documents related to the Section 78 and they said they had sent them to me. 4 times I had to ask them under section 78 to supply the documents which they said they did. They supplied me with one filled out and digitally signed agreement and the other was blank, what looked like credit agreements but I couldn't say for sure and no Default notices. every time they sent me the same documents even though I explained what was missing.

 

They have said this in their witness statement - The Claimant further submits that the Defendant had already had receipt of the Credit Agreements on the 27 April 21. The Claimant will say that the Section 78 request was an abuse of process and brings the Defendants conduct to the attention of the court

Edited September 26, 2022 by dx100uk
Their not there

[finaldj]

Well my spelling is crap to be honest.

 

Is it relevent regarding them saying I was abusing the Section 78?

 

I'm as prepared as I will ever be in anycase

 

Worst case I'll have to pay it back, I'll ask the judge for a payment plan if this is the case.

[dx100uk]

im not sure that requesting the original signed agreements via a CCA request more than once, when in all truth the documents already supplied are debatably enforceable , is an abuse. more like lowells trying to divert attention away from their faked paperwork, but look m'lud, the defendant constantly harassed us with these requests... yea dream on lowell, this is another case you'll discontinue before the hearing date if thats the best you can do..

 

dx

 

[finaldj]

I should ask the judge to consider looking at how Overdales abuse the legal system by not following legal documents supplied to them and supplying the correct information that is requested relating to that document. Overdales are abusing the legal system to pump up clients they have on account by forcing those that question them through the legal process thus pushing up the amount of debt that is owed.

[dx100uk]

they havent pushed up the value of the debt.

 

 

[finaldj]

Not the debt I understand that but with court fees added on it amounts to nearly £1400 extra added on

[dx100uk]

as i said earlier, 'they' havent added anything, the court fees are std fees, dictated by the amount of debt , and the 8% court interest, all of which if if if you lose you pay regardless, unless the judge deems them unfair, which often on happens on the 8%, sometimes reduced to 2% we've seen.

 

dx

[finaldj]

Sat waiting another 30 minutes before I go in.

 

Already been approached by their representative to say they have a clear cut case and let's do a deal before we go in or he can make a deal now so we don't have to see the judge.

 

I said I'll wait for the judge to decide and be looking for a payment plan if they decide to go in your favour.

 

He said we'll it's an easy case for us you've admitted you owe case done.

 

He's trying to spooke me

[dx100uk]

as they always do.

you'll be laughing at them soon.

 

dx

 

[finaldj]

What a joke of a company,

 

they hadn't provided the acting paralegal with my defence trial documents,

 

he tried to claim I hadn't sent it to them. I couldn't provide proof at the time of recorded delivery but the judge believed I did.

 

She gave the acting p legal her copy of my defence to read through for 10 minutes for a quick adjournment.

 

However he did nothing but bitch at me for poor documentation and said it was unreadable. I had to explain to him how it was written out.

 

When we went back into court his client overdales asked for a new court date so they could have time to look at them.

 

He then told the judge that overdales had found my copy and I had in fact sent it to them.

 

I asked for the judge to deal with it anyway because it's not my fault and proves what communication has been like with them.

 

she said it wouldn't be fair to hear the case today without all the facts.

 

now I have to wait for a new hearing date.

Edited September 28, 2022 by dx100uk
Swearing removed , post spaced

[dx100uk]

And he wanted to bluff you before going.  

 

Now you know why we say read threads here, even if they appear unrelated.

 

All the tricks you experienced today are pulled time and time again  by DCA claimants and their wolves 

 

Dx

[finaldj]

Thanks for spacing it out I was trying to do it on my phone outside the court waiting for my wife to collect me but it wasn't editing so well so left it.

 

Nothing has change really all that has happend is the Judge has allowed the P Legal to have more time to read through my documents. So I have to go through it all again when I just wanted it dealt with today.

 

I could hear the P Legal having a go about me on the phone to Overdales saying he couldnt work with my paper work I had put together. I said to him that his wasn't any better than mine and for someone working in a legal capacity it wasn't put together very well I had to print out the PDF version they sent me as the double sided hard copy version was a mess and put it into some order I could read through it.

 

I did ask the judge to throw it out based on the fact they hadn't prepared themselves but she said that my folder would have probably been sat on a desk in their office with a pile of others and simply forgotten about it happens and the reason she has given time to come back again when it's a fair defence for both parties.

 

I still think it stinks, if I hadn't of turned up today they would have gone ahead anyway. Not sure if this judge is fair of just playing it by the rules

[finaldj]

Back in court for round 2 on the 22nd to follow this up. It's a different judge this time, other than the last judge adjouring the case till the P legal had read through my documents is there anything else I should be doing saying in court?

 

The last time in court the P legal suggested I had admitted I owed the debt so it's a win win for him. Although he hadn't seen my court file so I guess that falls flat. But I did say to him that I never said I didn't owe the money or that I did owe the money, all I've asked overdales to do is provide the documents relating to the Section 78 request and they didn't provide them all.

 

The only thing they have in their documents is a letter they sent to me while we were going through the court process to say they could no longer get the default notice from the original creditor. But what they did provide in the court bundle was green screen shots from the creditors screen grab that a default was issued to me. Whether that judge is willing to go with that I don't know but we'll see.

 

Worst case I still have to pay the debt and I'll ask the judge for a payment plan.

[dx100uk]

1 hour ago, finaldj said:

I had admitted I owed the debt so it's a win win for him.

no you didn't you stated in your defence:

 

I do not recall the precise details or agreement and have sought verification

 

can we see you WS filed please?

 

dx

 

[finaldj]

WS file doesn't state I owe the debt it never mentions from me anywhere that I either owe or don't owe money, my whole defence statement is based on overdales not supplying the correct paperwork relating to the section 78. I provided documents to the court from the original letter before action showing I ticked box (i) stating I needed more documents and sent this back to them with the CCA request.

 

This is what started the ball rolling with overdales not complying by sending me the correct information and them starting court proceedings while this was all happening we were bouncing back and forth them telling me they had sent it all and me having to send more than one section 78 telling them that they haven't complied with the order.

 

What they did do was send me 1 contract filled in and digitally signed and one contract that was blank for another account. When they sent the trail bundle to court and a copy to me suddenly the blank contract they sent me more than once was suddenly all filled in. I also asked the court to look at one of the contracts that states I signed it off as MRS while the statements they provided linked to purchases on that same account had me down as MR. I also asked the court to look at 3 notice of assignments 1 for Very and 2 for Littlewoods to determine if these were as they stated. I also asked them why 2 of them related to littlewoods had the same dates but in different formats. One appears to be from Lowell the other from Overdales both have the correct date but the formats which they present have been edited.

 

I also asked the court to look into reasons why the debt was submitted to court based on information from Overdales that they had supplied all the information relating to the section 78 but admitted later once the forms had been submitted and defence filed that they couldn't get copies of the default notices from the original creditor.

 

This is when the court bundle turned up them admitting they couldn't get copies of the original default notice but supplied a screen shot of both my accounts with Very and Littlewoods showing a load of account information and a section typed in showing a default on my account.

 

I guess this is upto the court to decide to accept this as proof.

 

Overdales also showed a copy of a default  notice that "would have been issued to me" even though they couldn't supply the original it was just a blank copy which looks like it would have been someone elses but they have blacked out all the details. it looks likes it's a copy that has come from Lowells as it states Zone A on it the same as one of the notice of assignments.

 

I've showed concern with the court that Overdales may perhaps have been editing documents which has made me question the legitimacy of the paperwork they have been sending me.

 

The P Legal has stated that I should be held by the court for abusing the powers of the Section 78 with continued requests for information already sent.

 

So I think this will be down to the judge to decide if Overdales have infact sent me the correct information and I owe the debt

 

I'm going to ask the judge that Overdales be held to account for bringing the matter to court when they knew they hadn't sent all the paper work but went to court anyway pushing the debt from £4600 to nearly £6000.

 

Lets see what Thursday brings.

 

 

[dx100uk]

 

ws please....

 

dx

 

[finaldj]

Sorry I can't get the WS as it's backed up on my cloud drive which is packed away at the moment along with half the house as we are getting a ton of work done at the moment. Even my Virgin services are off this week while the house has some outside work done, hopefully connected backup by Christmas eve they said. So I'm running off my mobile I've tried messing about scanning documents on my mobile from my court file but it's just not having it.

 

I've been really busy at work this week so only just got around to looking at my emails in the last 20 minutes of writing this and have had an email sent to me at 15.00 from the courts moving my case from Leeds to Huddersfield. I don't know why they didn't call me to let me know I don't always check my emails everyday. Thankfully my wife is off work this week or I might not have been able to attend it's a bit last minute notice.

 

Good afternoon

 

In regards to the above case, due to judicial availably this hearing will now be heard at Huddersfield County Court tomorrow 22.12.22 at 2pm

 

I'll post back here once the case is over. As I said last time I'm pretty much prepared at my side as I can be.

 

However as frustrating, as I probably am to you DX, I still appreciate the info you guys give out and while I'm as thick as a bag of nuts when it comes to all this stuff I wouldn't have even been able to get the ball rolling for court if you guys hadn't helped.

 

I've worked in IT in the past and now the NHS, I can work Dialysis machines and train people in using specialist moving and handling equipment. But this stuff with court and just writing to DCA's is mind blowing I've learnt a lot over the last 2 years dealing with DCA's hopefully enough in all the babble I type has a means to an end that makes sence to the courts .

[finaldj]

DX just updating on this,

 

Had my day in court, case lasted around 45 minutes and the judged ruled in their favour.

 

He looked at the S88 paper work I submitted and the Section 78. he said it was a close call 51% in their favour.

 

I argued that they hadn't supplied all the paper work requested in the Section 78 and kept sending me copies of the same stuff which never included the Default notice despite them telling me it was all there. I explained the repeated requests were sent with an explanation what was missing and despite this they ignored it sent either the same copies or just wrote to me saying they won't be responding anymore.

 

We couldn't do mediation because the paper work wasn't in full to start talks and despite them saying they sent all the paperwork they admitted once the court process started they then wrote to me saying they couldn't obtain the Default notice from the original creditor.

It wasn't till defence statements were put in that the screen grabs from the creditors screens were submitted as part of their bundle to show the court that Default notices had been sent out regardless whether I had received them or not.

 

The judge explained to me that the Leeds court hadn't sent my court defence bundle across to huddersfield this is the 2nd time it's not been present in court other than me having my own copy. The judge asked to look through mine (5 Minutes) then handed it back. He also stated that the representative in court was just representing the company and didn't work for them. So they didn't have the witness present to question and just went on paper work.

 

He said that it doesn't matter that Overdales had sent me a blank contract because they had submitted a complete version for court and the notice of assignments looked correct it was just a question today whether the default notices were correct. He told me that at any point I could have held my hands up and said hey I owe the debt which he explained I wasn't questioning. He understood that we are here to decide that the paperwork was correct or not. if he decided to today it wasn't correct whether I owed the debt or not they wouldn't be able to persue it through court.

 

He decided that the screen grabs were sufficient enough to decide I would have been sent default notices from the original creditor whether I recieved them or not is not relevent as there was enough burden for the court to decide in favour of them.

 

He did tell the representative that they wouldn't be getting their fees or court fees and the original debt stands to be paid by 13 January, However he said that he would expect Overdales to be good on this part with a payment plan should the defendant wish to go down this route and he expected that to be sorted today if possible and that I should speak with the representative once court has adjourned. The ushers to be given notice before leaving on what this plan is to it can be noted on the paper work.

 

We agreed a plan of £30 a month which is flexible under the current climate should my wages alter.

 

 

 

 

[dx100uk]

smells like judge lottery a bit there to me.

 

sorry you lost.

 

though i'm sure if he had your ws earlier it might have made a diff.

 

dx

 

[dx100uk]

no you suffered judge lottery and it wasnt your defence but your WS he did not read.

 

[finaldj]

 ended up in court with them and lost. Was mainly down to the judge who couldn't be bothered to read my defence file. I've got a whole thread from starting out with this company going right through court . 

Yes sorry to correct myself, My hearing was in Leeds and the court had my defence file for the judge at the hearing but overdales had misplaced the copy of the defence file I sent them so assumed I hadn't sent them one when we went to court.

It was a (freelance?) paralegal that didn't work for overdales and just took jobs on like Debt cases on behalf of DC companies.

The judge decided to adjourn the hearing to a later date after Overdales found the file I sent them so that they could have more time to read the file.

a new date was set about 2 months later but I got an email about 5pm the day before the hearing to say they had moved the hearing to Huddersfield due to a shortness of judges/technical issues which was about an hours ride from where I live.

When I got there the courts at Leeds hadn't sent my file to the judge in Huddersfield so he asked to look at my file but all he did was flick through the pages and handed it back to me.

Overdales couldn't provide the original or any copies of the default notice that would have been sent to me and all they could get was a green screen grab from the original creditor that showed my original address I lived and a notice issued on screen that a default notice was issued.

This looked sketchy at best but the judge decided in my case that the address I lived at was correct at the time of the credit agreement so he was confident I would have received a default notice so didn't matter if OD had provided me with a copy of it or not.

Was a complete waste of time doing the defence file on my part to be honest, it was the last hearing of the day and it was a Friday so the judge looked like he couldn't be bothered. The hearing was booked in for an hour and only lasted about 20 minutes.

[dx100uk]

posts moved to your existing thread...

 

that's a scam the DCA/debt buyer claimants pull time and time again....our locum didn't get your WS bundle.

the judge fell for it.

 

dx