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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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Lowell/Overdales Claimform - old Vanquis Card Debt.


persha50
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Hi - after some advice please.

 

Had a credit card with Vanquis handed over to Lowell on 24/04/2016.

 

When they originally contacted me I dispute the outstanding amount as there were PPI charges on the account which I trying to get back from Vanquis.  Stopped receiving letters from Lowell so that was that. 

 

back in 2019/2020 started getting letters again from Lowell which I disputed. 

I did ask for a copy of the notice of assignment but got sent an email copy which was not on a letterhead also contact numbers missing so queried this as not being a true copy and something they had just printed off.  The amount on the NOA is £1516 but on my credit record its £1443 so not sure why the amounts are different. 

 

About a weekk before receiving the claim form I got a letter from Lowell saying that they had wrongly put charges on my account and would be refunding these, although did not give amounts.

 

Got a claim form from them on 26/11/2021 issued by Oversales but the amount in the form does not reflect any refund either.  I have not idea why my credit record saying £1443 but they are stating £1516.

 

I will be replying to the claim form via moneyclaims and send SAR to Oversales but would appreciate advice etc regarding my defence.

 

I am attaching copies of letters I have from them.

CAG - NOA.pdf Overdale letter.pdf

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Name of the Claimant ? LOWELL

 

Date of issue –  26 NOVEMBER 2021

 

Particulars of Claim

 

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

 

1.The claim is for the sum of £1443.27 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis account with an account reference of xxxx

 

2.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.

 

3.The debt was legally assigned to the claimant on 27-04-16,  notice of which has been given to the defendant.

 

4.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 £115.46

The Claimant claims the sum of £1558.73

  

What is the total value of the claim? 1753
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes they did but its more than 30 days after letter when they issued the claim form
 

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?

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 ? 2012
 

Do you recall how you entered into the agreement...On line /In branch/By post ? OVER THE PHONE
 

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
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT ORIGINALLY - BUT THEY HAVE EMAILED ME A COPY
 

Did you receive a Default Notice from the original creditor? NOT SURE
 

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? EXCESSIVE CHARGES AND PPI CHARGES
 

What was the date of your last payment? NO SURE = ABOUT JAN 2016
 

Was there a dispute with the original creditor that remains unresolved? YES - REGARDING CHARGES AND PPI
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO
 

Edited by dx100uk
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  • dx100uk changed the title to Lowell/Overdales Claimform - old Vanquis Car dEbt.VANQUIS - Old alleged debt - Claim form Issued by Overdale Solicitors

you've had enough claimforms already to know EXACTLY what to do 

which is not ever an SAR to a solicitor..:crazy:

 

i suggest you go read your old claimform threads and get back upto speed.

 

also not sure why to date, you've been entering into pointless letter tennis with a DCA and about a silly NOA? thats pretty much immaterial , but checking the agreement is enforceable by sending a CCA request is...

 

but you ignore them unless you get a Letter of Claim.

 

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

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]

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


 

 

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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  • Andyorch changed the title to Lowell/Overdales Claimform - old Vanquis Car Debt.
Quote

 

also not sure why to date, you've been entering into pointless letter tennis with a DCA and about a silly NOA? thats pretty much immaterial , but checking the agreement is enforceable by sending a CCA request is...

but you ignore them unless you get a Letter of Claim.

 

 

Reason for the above was to avoid the issue of a letter of claim.  If the NOA was incorrect they would have no reason to issue a Letter of Claim.  Not having a legal background thought this was the best way.

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ok, but, better to ask first every time please.

 

 

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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I am struggling to log into MCOL again.  It seems once you hve logged in when you try 2nd time it does not go through.  It keeps saying user name or password not found.

Can I email the response form (page 2 only) or does it have to be posted.

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  • dx100uk changed the title to Lowell/Overdales Claimform - old Vanquis Card Debt.

You mean doing aos?

 

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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Share on other sites

1 hour ago, persha50 said:

I am struggling to log into MCOL again.  It seems once you hve logged in when you try 2nd time it does not go through.  It keeps saying user name or password not found.

Can I email the response form (page 2 only) or does it have to be posted.

 

Not the actual form...but...

To be sent by email

With the Subject heading

Send to email address

Claim Responses

Claim Responses

Complete Online at:

www.moneyclaim.gov.uk/

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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  • 3 weeks later...

Hi - request copy of my file held by Lowell via their solicitors Overdales.

 

Got an email yesterday saying my file is ready for viewing online and I am just waiting for the passcode to arrive via the post.

 

What do I need to look for in the pack. 

have already sent me a copy of my original agreement signed online. 

 

What do I need to put my defence as being the PPI they charged which I disputed. 

Also the different amounts in their requests for payments.

They also contacted me saying they were going to refund part of their charges which had been done in error but this has not been done. 

I cannot find the letter but I am hoping it will be in the pack.

Edited by dx100uk
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have you done AOS and CRP 31.14?

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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On 30/12/2021 at 23:02, dx100uk said:

have you done AOS and CRP 31.14?

I did the AOS and SAR.  They had already sent me copies of the default notice, original online agreement and NOA.

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Just received a letter from them saying I need to respond by 9th January if not they will ask for a CCJ to be issued.  I hve still not received the pin number to access my online documents which they emailed to me on 29/12/2021.

 

Any advice on the next step.

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They have said to the county court judgement.  I responded to the AOS via email as could not log onto MCOL.

Sent off for SAR which I got via email on 29/12 but still waiting for the pin number via post to I can access.

They ask to phone if not received but no number of email so have emailed twice advising no pin received.

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Have you submitted a defence...was due 28/29th Dec 2021 ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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You should not have been awaiting docs before you file your defence

On 07/12/2021 at 20:01, dx100uk said:

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]

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

 

Is mcol working for you now?

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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Share on other sites

Well

you need to be filing a proper defence today,now by 4pm, in the correct format. Else another day is wasted.

 

is mcol working now?

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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Share on other sites

Hi - only just seen the post as I have been vaccinating all afternoon.  No MCOL is still not working for me.

I wanted to see the paperwork as I have been trying to get PPI back from them so wanted the amount.  It has been awhile so don't have the relevant paperwork.

What is the defence I need to submit.

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you were told long ago forget the ppi thats nothing to do with this claimant nor their court claim, that would be between you and the original creditor and a separate issue.

 

so 4th time

 

is mcol login working for you now?

 

 

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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Share on other sites

Aha still not working so you can email a defence tonight then..

lets see what you filed before in your other threads.

 

 

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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Share on other sites

Any of these should do

 

post it up here 1st and we'll give you the email ad of northants bulk

 

clickme^^^^

 

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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