Lowell/Overdales claimform - Newday credit card debt

[dx100uk]

std response from the fleecers in every lowell claimform thread here already.

 

dont miss your defence filing date no matter what//////

 

dx

 

[overdone2]

I won't but what do I put in my defence?

[dx100uk]

WE DONT NURSE MAID

 

i have already given you a previous link to the 100's of previous card claimform threads already here.......

 

sorry...YOU are the one that will end up infront of the judge

if you dont research here as advised and get upto speed , they will eat you for breakfast...we wont/cant be there with you.

 

very easy to kill this dead..but it takes understanding and reading here to do it.....your call

 

dx

 

[overdone2]

Well I have read that and only come to the conclusion that I am to await their responses to my CPR requirements and to check that they are in order.  I can only reflect back my current understanding.  My mind is not as lucid as it used to be.

[dx100uk]

On 18/04/2023 at 19:04, dx100uk said:

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]

 The best my confused mind can come up with at present.

 

On receipt of this claim form I could not recall the details of any agreement or debt and therefore reasonably sought clarity and information from the claimant.

 

On the 00/00/00 I formally requested via CPR18 and s.77 CCA 1974:

 

A copy of the original agreement

A statement of account

A copy of the Terms and Conditions as applicable at the time of the agreement

A copy of the Default Notice/termination notice

A copy of the Notice of Assignment showing the claimants legal right to take action

 

Having made a claim, the above date should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

[dx100uk]

Programmable Search Engine

CSE.GOOGLE.COM

clickme^^^^

 

dx

[overdone2]

Well, I don't mind admitting I am biting my nails over this. 

 

I sent them an I and E statement showing them sod all funding left over after my bills are paid and I hope it weakens Overdales resolve to sue for anything.

 

Defence submitted. 

 

Fingers crossed.

 

They say the first one of anything is the most difficult.

[dx100uk]

what defence did you File?

you shouldn't be doing anything to anyone until we check it...

and why are you blindly sending I&E sheets without asking if its a good idea

 

either you want our help in avoiding a CCJ or you don't....

 

stop doing things off your own back without check here 1st ...else you'll screw up...

 

defence was not due till fri by 4pm..

 

 

dx

 

 

[overdone2]

I used the defence posted 4 above as the best I could think of.

 

Dear Overdone,

 

I acknowledge receipt of your defence. A copy is being served on the claimant.  The claimant may contact you direct to attempt to resolve any dispute.  If the dispute cannot be resolved informally the claimant will inform the court that he wishes to proceed.  The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

H M Courts and Tribunal service.

[dx100uk]

quote the post with the defence please

 

dx

 

[overdone2]

On 04/05/2023 at 23:01, overdone2 said:

 The best my confused mind can come up with at present.

 

On receipt of this claim form I could not recall the details of any agreement or debt and therefore reasonably sought clarity and information from the claimant.

 

On the 00/00/00 I formally requested via CPR18 and s.77 CCA 1974:

 

A copy of the original agreement

A statement of account

A copy of the Terms and Conditions as applicable at the time of the agreement

A copy of the Default Notice/termination notice

A copy of the Notice of Assignment showing the claimants legal right to take action

 

Having made a claim, the above date should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

 

[dx100uk]

cpr 18?

 

why didnt you file our std no paperwork defence in 100's of threads here you were pointed too?

 

are you ever going to do as advised, as thats what you came here for wasnt it?

 

keep this up and you'll lose hands down as the fleecer will exploit any mistake in your ws to the fullest.

 

dx

 

 

 

[overdone2]

you did not overtly draw my attention to this as I frequently stated I am new to CCJ defence. I do not fear paperwork coming through my door. Should I be?

[dx100uk]

but you didnt bother to go self help here at all.

unless you did so whilst not logged in, theres no evidence you read any other card claimform thread here.

 

CAG is SELF HELP TOO we do not nursemaid......

 

 

[overdone2]

17th May 2023

 

Dear Overdone 2

 

We refer to the matter to the left of this letter and confirm that we have received a copy of your defence from the court. We have also received a copy of your financial statement.

As previously stated, we have requested the requisite documents from the original creditor. New day Ltd and as soon as these are to hand we will contact you further.

In the meantime please find enclosed a copy of the directions questionnaire which we have now sent to the court.  The court will shortly send you your own directions questionnaire and confirm a date by which it must be returned.

 

We have agreed to mediation in our directions questionnaire which may result in settlement without further legal actions and costs. Mediation would be conducted over the telephone by an independent mediator.  If you agree to mediation, please ensure you tick the Yes box in part one of your own Directions questionnaire.

 

 

If you would like to settle this matter directly, our client invited you to put forward an affordable settlement to us either as a single payment or by instalments. An agreed settlement may avoid a hearing or judgement and also additional costs being added to your debt.

 

We recommend you obtain independent legal advice in order to fully understand your rights in relation to this claim.  You can instruct a solicitor of your choice or obtain legal advice from A Citizens advice Bureau or other legal advice centre.

 

Overdales solicitors.

[dx100uk]

std begging letter they sent in all lowell claimform threads,,,, if you go read a few...

 

 

[overdone2]

Well they sent me a very thick envelope today but none of their pages have my signature on.  How can I be sure they sent me a CCA agreement that is a copy of anything I allegedly signed?

[dx100uk]

scan it all up to one mass PDF?

let us check it over?

but the claim is well stayed now and will cost them £110.00 to lift the stay.

but you already know that as you've dene extensive reading up here in the last 2mts you've been away...........................................

 

dx

 

 

.

 

[overdone2]

I don't have a scanner but I think I can work this out as being an inadequate c.p.r request. I.e. Missing statements, and no valid CCA enclosed etc.

[dx100uk]

read upload use your phone or a digital camera.

dx

[overdone2]

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

[dx100uk]

the claim is ell stayed and it will cost them £110.00 to serve an N244 to lift the stay.

we can't ever be able to judge your chances should they do so without seeing ALL of what they sent.

a scanner is very cheap < £50 on some printers

go get one or use your phone.

 

dx

 

.

 

[overdone2]

I understand what you are saying so let me just think.  Also, my income and expenditure sheet shows I can only afford one pound a month so it looks pretty much like a lose-lose situation on their side. Surely they take this into account.

[dx100uk]

yea by making you be a a cash cow and forever running the SB date to infinity.

dont keep thinking too hard..cause you've some very weird ideas from your posts since you came here and to be frank you dont appear to have a clue nor take the advise given.

get a scanner.