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    • Thanks. I did all that but I will try it again. Strange thing is that although the screen says it’s me, the user profile is my daughter. I will try again but reckon I will need to call them. 
    • Hi   It a bit late now as you have sent them a letter before action but I would have waited for their response to those questions especially number 1. and to clarify for you asking these question would not put you in the position of Mears implying that you agree the money is owed as this money for the Roof Repairs is in Dispute with yourself (Landlord).   I would wait and see what response you get from Mears.   Also have a good look at Mears website and see what other bodies they are registered with   In the mean time something else to consider sending Mears is a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase covers all data they hold whatever format they hold it in whether it be recorded calls, written, emails etc.   They then have 30 Calendar Days to respond to your SAR Request, this time limit only starts once they acknowledge your SAR Request.   If they completely ignore your SAR Request then you make a complaint to the Information Commissioners Office (ICO):   Your right of access ICO.ORG.UK     What to do if the organisation does not respond or you are dissatisfied with the outcome ICO.ORG.UK   Make sure and put it in writing and get Free Proof of Posting from Post Office   Note: a SAR is now Free there should be no cost involved due to the DPA 2018 & GDPR 2018   I know I have asked a couple of times now but is there any reason why you can't post up a Redacted copy of that Agreement with Mears (in PDF Format)?    
    • 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
    • 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
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Money grabbing DMPs!


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A few months ago, my credit card maxed out and

I suddenly realised I was in a position where my outgoings were massively more than my incomes.

 

 

The previous couple of months I had been making credit card payments

using other credit cards! I am sure many are familiar with this story.

 

The point I want to make,

is that at this point I decided rather than going down the DCA and then Baliff route,

it was time to step up and get out of debt.

 

 

I signed up to a company in Manchester at the recommendation of my brother who was with them at the time.

 

 

It turned out they charges a fee for their services but I was so desperate to stop all the hassle, I decided to go with it anyways.

 

A few months down the line, all the agreements are in place and all my creditors have stopped charging interest.

I got a statement from the DMP and decided recently that I grudge the £35 a month

they are taking out of my £200 a month I am paying them to send to my creditors.

 

 

yesterday and today I phoned round all my creditors and explained that I wanted to set up a standing order directly to them

and ask them all for account nunbers, sort codes and references to set it up.

 

 

They all gave me the information I needed without a problem.

I didn't even mention the DMP at all to them or the fact I was stopping using them

cause I guess at the end of the day as long as the money keeps reaching them,

they don't care whether it comes from the DMP or from me directly.

 

 

What I have also done is recalculate repayment figures to them all,

redistributing the £35 the DMP was taking to my creditors

so they are all getting more money each month

and I'll get out of debt faster!

 

So if you are in a DMP and they are charging you for the privilege,

I would strongly recommend taking it on yourself.

 

 

Once payments are set up, agreements in place and money flowing, the banks are that bad to deal with directly.

 

There are also DMPs who do it for nothing (PayPlan I think for example) however I personally like to be in control of my money, not someone else.

 

Anyways, I hope this helps at least someone!

[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

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I agree with your stance and concur PayPlan and CCC offer this service for free.

 

One point I would like to make is that, change your payments from DIRECT DEBIT to STANDING ORDER.

 

Under a Direct Debit they can withdraw any ammount, whilst with a Standing Order you alone control the ammount paid.

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Hi Knoxvillian

 

I done exactly the same a few years back. They charged me monthly for them to dispurse the monies to all my creditors. I called them all and they were keen for me to do ditch the DMC and handle it all myself, as in the long run it would save me money.

 

I know it's not always the case, but in my experience, i put forward realistic lowered re-payment plans, and stuck to them. As long as your trying your best and not ignoring them, they'll leave you alone.

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