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?

[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.

[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"?

[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

[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?

[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?

[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.

[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

[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.

[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.

[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

[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.

[overdone2]

I can't get through to the AOS page. Post 22 shows that they expect me to have received a password by post.  Ihavn't.  Is this an additional security feature they have added to ensure I actually live at the address I claim to?  I am only guessing at this.

[overdone2]

Got through

A claim was issued against you on 12/04/2023

Your acknowledgment of service was received on 21/04/2023

 

 

"Start defense."  I dare not do anything without you holding my hand..

[overdone2]

Will you clarify something for me? If I posted a cheque for the whole balance, (Which I definitely wouldn't.) and sent it recorded delivery for safe arrival, a DCA may not sign for it?

 

Please complete all fields marked *

 

Please state your defence in a maximum of 122 lines in the box below.*

 

Do I leave this bit for now

 

Please complete all fields marked *

 

Please state your defence in a maximum of 122 lines in the box below.*

 

Do I leave this bit for now??

[overdone2]

Thank you. You have been more than helpful. I will await to hear from the solicitors by post.

[overdone2]

Today I discovered buried away the letter from Lowells saying I now need to make payments to them instead of Newday. Dated 08/08/22. You can guess at how that reads because like you suggest it's computer generated.

[overdone2]

What is I and E?

[overdone2]

I don't recall The solicitors asking for this, but they will be very disappointed.

 

I get DLA-protected income and incapacity benefit and can only afford a pound a month token payments by way of debt management plan. (Worst case scenario) all thanks to the Russian war and increased gas bills.

[overdone2]

Exactly. You are a man after my own heart. Maybe someone bought a dumb deal.

[overdone2]

I took it out during the lockdown. 3 years ago? Last used it 8 months ago I think.

 

I(cpr 31.14 template removed - dx)

 

 

[overdone2]

Yes Overdales signed for it yesterday according to the Royal Mail online.  I think the hard copy credit agreement on this card arrived after I had had the card 3 days.  I did not return it.  I'm 90 per cent sure.

[overdone2]

"Like claims?"

I am new to navigating this site and can't work the search bar at the top of this page to produce a similar thread, which was resolved successfully.

 

I'm at an age where I do not absorb new information as lucidly as once I did.as you may have guessed.

 

Would you be kind enough to insert a link to a thread you recommend? 

 

It might be an old thread of yours, where someone struggled but got there eventually. 

 

I'm seeking a sample of a list of reasons you can use in defence.

Just examples mind you.

They may not apply in my case.

[overdone2]

I can find the enhanced google search box. Navigating CAG is difficult for us newbies. How do I find it?

 

https://www.consumeractiongroup.co.uk/topic/443025-lowelloverdales-letter-of-claim-now-claimform-old-three-mobile-debt/

 

I did a main Google search. My thread came up, this one, plus another listed above. I found in post 15 a defence.  Mine will not be identical obviously but I now have greater clarity than I did before. This I found reassuring so many thanks.  It appears Lowells rely on devious strategies and you not being as informed as CAG will inform you.

[overdone2]

 

 

2cnd May 2023

 

Dear Overdone 2

 

We confirm receipt of your recent letters and the Acknowledgement of service.

 

Our client has instructed us to collect the balance outstanding on an account previously held with Newday Limited. This was opened with Aqua 0n 00/10/2015. 

 

The last payment was made to the original creditor on 00/05/2022 for £5.25 and the default was reported to the Credit reference agencies in May 2022.

 

Your request for documents under the consumer credit act 1974 (CCA) and under the CPR 31 14 have been noticed.

 

We have now requested copies of the agreement,, Default notice and a statement from the original creditor, these will be provided to you in due course.  

 

We can confirm that the benefit of that contract was legally assigned to our client pursuant to section 136 of the Law of property act 1925 and the required notice of assignment was sent to you.  Please find enclosed a copy of the notice of assignment as requested.

 

Should you wish to dispute the matter further you are entitled to seek independent legal advice.

 

Please ensure you respond to the County Court claim as you deem appropriate with the timescale set out by the court.

 

Failure to respond Claim within the court  timescales may result in us applying for a county court judgement in default to be entered.  This would mean further costs and could make it difficult for you to obtain credit, mortgages whilst it remains unsatisfied on your credit file for up to six years.

 

Yours sincerely

 

Overdales