Lowell/Overdales claimform - Newday credit card debt

[overdone2]

I don't have many years left to live. They should assess that too.

[dx100uk]

sadly the DCA fleecers, the court nor thus us care...

nothing to do with anything.

the claim is stayed

it aint going nowhere unless they pay £110.00 to lift it.

but we cant assess their chances as you wont scan up the documentation in their current willy waving letter offering a discount...urm..why are they offering a discount if they are all powerful and will win now as they think they have enforceable paperwork...urm..i wonder...

 

dx

 

[overdone2]

I had guessed that they were on their last legs and this is a desperate last-ditch attempt.

I can see on my personal level that the CPR is not built for purpose as some items are missing, It is down to me to itemize this and put it in writing for their records.

I have previous experience of doing inadequate S.A.R. But that was 15 years ago using C.A.G. I remember that you were on here even that far back so, I thank you for your help.

[dx100uk]

they dont have to comply to a CPR request, its simply a request that can be made once a court claim is raised. however the CCA request is more important.

that does have an enforceability stance under the Consumer Credit Act 1974 toward any court judgement they might try and attain, and of course once the 12+2 working days have expired, outside of a court claim, it renders any payments they require likewise unenforceable.

until they comply and the CCA return is checked, who knows where you stand going fwd.

but one thing is for sure, you dont tip them off nor enter into any pointless letter tennis unless they raise an application to lift the stay..

dx

 

 

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[overdone2]

 The defendant must file the directions questionnaire with the CNBC on or before 7 days from the service of this order. If the defendant does not comply with this notice your defence will automatically be struck out without further order od the court and subject to the claimant having complied with this order, the claimant will be at liberty to enter judgement.

A party making such an application must file the application with the CNBC together with any appropriate fee within seven days of service of this order'

Dated 18 October 2023

[dx100uk]

three months later?

what does the claim history on mcol say

copy and paste it here

dx

 

[overdone2]

Status Summary

 

Claim History

DQ sent to you on 13/07/2023

DQ filed by claimant on 13/07/2023

General sanctions order was made on 18/10/2023

 

[dx100uk]

from may 17 to july 28th you dd not update your thread

so how come you missed the court sending you the n180 to fill in.on july 13th.....???

off on one of your looking at everything else thats not relevant to what you should actually do and when 

so get you finger out.

dont use email. use 1st class stamp get free proof of posting from any po counter, it does not hurt if its a day or 2 late you are a LiP (litigant in person - joe public against the system- you get certain leeway)

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (read all the posts in N180 link above for the reason)

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

[overdone2]

This is a well documented as a case. I did not receive a n180 but I did receive Overdales copy to me.

Im still getting my head around what I must do and need to work out a good reason for it not being necessary to go to court.

Many thanks for your intervention .

[AndyOrch]

17 minutes ago, overdone2 said:

need to work out a good reason for it not being necessary to go to court

Pay it in full at mediation ?  That's the only way you can stop it now once a defence has been submitted.

[overdone2]

I would never be able to pay this in full at mediation though.

[AndyOrch]

Then you have answered your own question It cant be stopped unless you agree a settlement with the claimant after you have submitted the DQ to agree to a Tomlin Order with affordable payment plan to stay the claim

[overdone2]

seems a bit strange as they failed to supply a valid CCA agreement. Can they be asked to do this by an independent arbiter?

[dx100uk]

if they not supplied an enforceable agreement to date (which they don't HAVE too yet)

then pers id not agree to mediation but you need to READ lowell claimform card threads here till they come out you eyes.

they will have to supply the agreement and all paperwork in their witness statement else they will lose.

get that dq done!

you only have 7 days 

read the guide i posted.

dx

 

[dx100uk]

On 05/08/2023 at 22:19, overdone2 said:

accompanying letter reads...

26th July

 

Dear Overdone 2

 

We have received from the court a copy of your defence from which we note that you have requested the documents to substantiate our clients claim.

Please find attached

1 credit agreement

2. Terms and conditions

3. Statements of account

4 Notice of assignment

We are still awaiting a copy of the default notice and as soon as this is received we will arrange for this to be forwarded to you.

 

From the documents provided, our client is confident that the sum claimed is properly due and owing.  However, in an effort to bring this matter to a swift conclusion, we have been instructed to enter into settlement negotiations.  We have therefore been instructed to put forward the following offer of settlement:

£1,900.00 in full and final settlement by installments of £50.00 per month or any reasonable installment offer you wish to put forward.

 

This above offer remains open for acceptance until 10 August 2023

Should you be unsure of your position, we would recommend that you seek independent advice from a solicitor of your choice or a citizen's advice bureau.

 

If the above offer is acceptable to you, our client will require the agreement to be formalized by way of a Tomlin Order signed by both parties and filed at court.  This will bring the court proceedings to an end and will prevent a County court judgment from being entered against you providing the agreed monthly installments are maintained. The court charges a fee of £108.00 to consider a Tomlin order and this fee will have to be met by you.

Please do not hesitate to contact us should you have any queries.

Overdales

please will you scan up all the above  docs they sent you please.

 

[overdone2]

Is this type of print out a modern day CCA agreement?

Signature of customer (Yes box ticked)

Date of signature 09/07/2015

Signature on behalf of newday Ltd (Yes boxed ticked)

Date of signature 09/07/2015

Customer I P address 10 151 xx xx xx

[dx100uk]

we cant ever decide

need to see ALL that they sent and not just the cca .

i wont be responding further now until you get the docs up.

read upload carefully

use a phone camera or a digital camera.

dx