Lowell/Overdales claimform - Newday credit card debt

[overdone2]

Dear Overdone 2

Notice of claim issue

We act for Lowell Portfolio Ltd and note that you have not repaid your debt or contacted us to agree a suitable resolution to this matter.

Legal proceedings have now been issued and you will shortly receive a County Court Claim from Northampton County Court for the total amount of £2xxx.xx.

 

What you need to do now

 

The County Court require you to respond to the claim by the date specified on the date specified on the Claim form. If you are unable to pay the outstanding balance in a one-off payment

 

call our helpful team on 0333 111 0120 by the specified date and we can discuss other payment options for you.

 

You can register at www.Overdales.com to view your transaction history and use our helpful budget calculator.

 

If you do not contact us to resolve this matter or respond to the County court claim within the time specified, we MAY enter a County Court judgement against you. A CCJ MAY remain on your credit file for 6 years and make it difficult for you to obtain further credit.

 

We want to assure you that wherever possible we will work with you to ensure a suitable solution to your situation, but we cannot help you to resolve this matter if you do not engage with us.

 

Yours sincerely

 

Overdales Solicitors

 

Do I now request a S.A.R and if so where is the appropriate link on this site someone please?

[AndyOrch]

Have you actually received a court claim ?

[dx100uk]

Well don't contact Lowell nor overdales 

I'd not bother with the SAR. No point.

If it got to court they'll have to produce everything anyway 

 

Which of your debts is this please? So we can see what's happened to date from your debt thread 

 

Dx

[overdone2]

1 hour ago, Andyorch said:

Have you actually received a court claim ?

No, nothing as yet.  They use the term, "MAY" too liberally in their letter.

[dx100uk]

Can you scan the lot up to one mass pdf please??

 

Read upload carefully.

 

Dx

[overdone2]

Frequently S.A.R. is furnished inadequately and not fit for purpose.  The reason for requesting this is to have proper time to check that all is present as it should be. I might not think so squarely in a courtroom to check and judges can be in a hurry too.

 

I have had a claim from the court.  I just checked today a brown envelope.  What in essence must I do now?

 

I have had a claim from the court. 

I just checked today a brown envelope. 

 

What in essence must I do now?

 

Do I go the route of "The Acknowledgement of Service"?

[dx100uk]

please complete this:

 

and we will instruct your PROPERLY and CORRECTLY upon what to do

but we need all the info.

 

dx

 

[overdone2]

Which Court have you received the claim from : Northampton NN1

 

Name of the Claimant ? Lowell Portfolio

 

Date of issue – 12 April 2003

 

Particulars of Claim

 

What is the claim for – 

 

1. The claim is for the sum of £1900.00 due to the defendant under an agreement regulated by the consumer credit act 1974 for a New Day LTD account with an account ref of 19 digits.

 

2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 11974 which has not been complied with. 

 

3. The debt was legally assigned to the claimant on 16 6 22 notice of which has been given to the defendant.

 

4. The claim includes statutory interest under s69 of county courts act 1984 at a rate 0f 8% per annum from the date of the assignment to the date of issue of these proceedings in the sum of £122.00

The claimant claims the sum of £2010.00

 

What is the total value of the claim? Give answer here
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here. Not recently but did get credit card at a former address.
 

Did you inform the claimant of your change of address? They have my new one

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 ? After
 

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

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. DCALowell
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so
 

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 ? Not sure
 

Why did you cease payments? Winter fuel bills
 

What was the date of your last payment? Cant remember
 

Was there a dispute with the original creditor that remains unresolved? No
 

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

[dx100uk]

right so you moved and did not inform newday of your new address so no wonder you got nothing till today from lowells.

 

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
.do not ever use or give an email
.
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]

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

 

[overdone2]

"get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]"

Send Overdales a CPR.Is there a link toa CPR letter please?
...

 

Confused over CPR request letter to be sent because there is reference to Overdraft or telecom bill.  Mine is neither of these but a credit card debt so do I use the link you posted then?

[dx100uk]

its already in the post above..

[overdone2]

Okay, my humble thanks for clearing up this ambiguity. 

 

Better to be sure now than regret something later on that a DCA may take full advantage of. I will not use the Gateway site but return recorded delivery, defence on paper photocopied and retained when I can get my head around all this. 

 

So I may post further questions for clarity. 

I am virgin to dealing with County Courts.

I'm sure it is fairly clear to someone with your expertise but to me it's quite uncomfortable.

 

Page 2

 

Acknowledgment of service

 

Tick the appropriate box.

 

1. I intend to defend all of this claim  {Box}

 

2. I intend to defend part of this claim {Box}

 

3. I intend to contest jurisdiction {Box}

 

I tick box 1 only?

[dx100uk]

READ THE **** guide i posted

 

do not use the forms use mcol!

1000's of like threads to read here

 

 

dx

[overdone2]

I think I read your guide correctly. 

 

I was just seeking confirmation that I interpreted it correctly.

 

I tick one box only. "I intend to defend all of this claim." It is safe to sign and date it as no DCA can nick my signature. 

 

The other side of the page is "deliberately left blank" so I can return this one single page and retain the other three.

 

I hope this thread will read back to other Caggers as the big Dummies guide to responding to County Court Claim forms.

[dx100uk]

use mcol not the forms!!

 

please you've come here with some wild and weird theories and beliefs .

 

we have over 16yrs experience and 1000's of claimform wins.

 

follow our advice and win.

 

stick in the mud and do it your way you will lose!

 

forget the past...move forward.

 

follow our tried and tested methods.

 

dx

 

[overdone2]

I can't use Gateway because they said my driving license number and passport number did not confirm who I say I am so will post recorded with a hard copy.

Edited April 18, 2023 by overdone2

[dx100uk]

ok well no rush

 

it could be the validation site is having issues 

not unknown

unless you passport is out of date or you have moved.

same for you driving licence.

 

do you know why they might be faulty?

its very unusual for both to be rejected, normally one goes thru ok, so i'd plumb with it being a database down until tomorrow

try in 24hrs.

 

if you go follow that sticky i posted and calculated your AOS and defence filing dates you'll see you have 19days to do AOS

hold off much better to use MCOL.

 

get CPR/CCA away ASAP.

you DO NOT WAIT for any returns to go find a defence here and post up your ideas

once AOS (28th apr) is done you have a total of 33 days to file your defence. (12 may by 4pm)

 

dx

 

 

 

[overdone2]

I nearly lost my will to live getting Gateway to accept my Identity proof so I sent to the court hard copy by special delivery. I checked with Royal mail and the court signed for it today.

 

"Get a CPR  31:14  request running to the solicitors" 

 

Overdales also signed for the letter today according to Royal Mail. 

 

They rang both yesterday and this morning showing on my mobile as a missed call.

 

Any intelligent guesswork as to what their strategy is?

 

They could pump my head with any form of misinformation down a phone so I always ignore their calls.

[dx100uk]

you never ever speak about debt or aNYTHING LIKE DEBT OVER THE PHONE

THEY ALL lie!!

 

no please go read a good few lowell claimform threads here now.

 

and do not miss your defence filing date no matter what does nor does not happen!

 

is aos done on mcol yet?

 

dx

[overdone2]

To respond to a claim online,

enter your claim number and defence pack password below.

You'll find them both in your 'response pack' that's been sent to you in the post.

 

Claim Number:

 

Defence Pack Password:

 

Am I having to wait upon traditional Royal mail?

 

I'm very new to this.

[dx100uk]

Why?

About what?

Follow the guide I gave where the CPR is mentioned 

 

How far into mcol login process can you get 

Dx

[overdone2]

Homepage

 

Welcome Overdone 2 to your personal MoneyClaim Online Homepage.

 

From this page you can:

begin new claims

view and search for claims that you have issued or saved as drafts prior to submission

respond to a claim made against you and view and search for claims that have been made against you

 

 

 

When you select an individual claim you will be able to view a claim summary page and be able to view/print details of documents that have been submitted online. You will also be able to take certain actions, submit certain documents and pay the fee where applicable online.

 

 

Begin New Claim

 

The new claim process should take approximately 20 minutes to complete. Once you start your claim, you can save your progress and return to complete it later.

 

zBegin New Claim

Respond to a Claim made against you

 

To respond to a claim online, enter your claim number and defence pack password below. You'll find them both in your 'response pack' that's been sent to you in the post.

 

Defence Pack Password:

 

 

 

 

Edited April 21, 2023 by overdone2

[dx100uk]

On 18/04/2023 at 17:20, dx100uk said:

right so you moved and did not inform newday of your new address so no wonder you got nothing till today from lowells.

 

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.
..
.
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]

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

 

so follow above that i posted earlier 

did you get the cca request running too?

[overdone2]

CCA request was posted yesterday and Post office Royal mail confirm that they have it but it has not been signed for as is the case with the Solicitors, though they both went via the same post in the same Post Office.

[dx100uk]

you wont get them signed for rarely to debt collectors

 

so get aos done now respond to a claim

 

dx