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    • 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
    • So many memories of listening to his tracks when I was younger, also making me feel rather old as well
    • whoever said send an sar to the fleecers or their dogs, waste of time, thats what CCA/CPR does.   you should NEVER EVER be sending ANY covering letter to anyone that tips them off how you might later defend a claim you've been here far to long to now be making such schoolboy mistakes ALWAYS check with us before you do anything!.   can you get that link done please?   WHEN you have done that we will advise your next steps.   your defence will be our generic one slightly adapted which is in just about every 'CAT claimform' thread here.   use our enhanced google search box.   you dont file anything with a defence disclosure come at the witness statement stage IF IF IF it ever gets that far.   i strongly suggest you go read a few 10's of cat claimform threads here so you know what is to come, how to react, and the various stages of the court claim. please other than filing out our link, dont ever do anything more without checking here FIRST but DO NOT ever miss your defence filing date which we dont even know yet!!          
    • @dx100uk   I have filled everything  I can online against the claim apart from my defence yet. I still have a few weeks for this. I am defending the whole claim.   I filled out another CCA form and a CPR 31.14 to Overdales and sent this recorded last week with a covering letter. I also did a SAR to Lowells which haven't even signed for the letter looking at the RM tracker.   Overdales wrote to me today sending me copies of the same S78 as shown in #6 post above. (if you wouldn't mind taking another look and seeing if they have sent enough or is something missing?)   In the covering letter I told them that the only information they have supplied is copies of a digitally signed agreement with Very and a copy of the T&C relating to that. I am missing things like notice of assignment, default notice and any copies of statements relating to the account. I also mentioned that they claim over £3000 on a littlewoods account and haven't supplied any information relating to this account at all.   So they ignored all that and just sent me the same files as last time and have told me they won't discuss the account anymore only to arrange payment or take it to court.   So it looks like the court route.   I can defend the claim online upto 1000 words can you submit documentation to the court as evidence e.g attachments or would this be done in person on the day or write to them with the documentation?
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Why dont people claim ?


flunky
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I am in the process of claiming against HSBC.

 

I have told everyone and there dog about this site.

 

Friends, family and even some random guy I got speaking to in a pub.

 

I cannot understand the apathy that surrounds this.

 

Do we really live in a country where no one could do with a few hundred quid or some cases a few thousand from these banks.

 

Thoughts ?

4th January 2008 - Prelim sent

16th January 2008 - Standard reply - NO!

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A lot of it has to do with cynicism and apathy. People think that it sounds too good to be true. Many also don't realise how much the banks have taken, most people are shocked when they find out. Others may be put off by the complexity of it all, I know it isn't all that complex but when you are first starting out its all a bit mind boggling.

 

Its the same reasons why we are walking in to the National ID card without protest. We seem to be turning in to a nation of people who are lazy and apathetic, in a sense we have become to comfortable. This is what the banks rely on.

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I agree, however, I was speaking to a guy I know and he was jusifying all the times he has gone over limit etc. I said dont bother to jusify it , its not your fault. It is always the peolple who struggle the most. These guys need the money (me too) more than most.

 

He kept saying yes I wil do it I will, but I know he wont. I have said he can come round, couple of beers and we can get it sorted one weekend. I dont believe he will.

 

I think you are right with complexity, totally fazed me but the guys here are sooo helpful.

 

I think a lot of it is I cant be bothered.

 

Still the more success stories there are hopefully the more people will respond to these modern backwards Robin Hoods.

 

P.s Never mind national ID I have a tracer on me most days. Mrs Flunky keeps calling me on it. We should not be concerned about ID when we have GCHQ tabbing emails, phone calls etc etc. Debit cards, store credit cards and their loyalty cards are all info grabbing.

4th January 2008 - Prelim sent

16th January 2008 - Standard reply - NO!

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I agree, however, I was speaking to a guy I know and he was jusifying all the times he has gone over limit etc. I said dont bother to jusify it , its not your fault. It is always the peolple who struggle the most. These guys need the money (me too) more than most.

 

He kept saying yes I wil do it I will, but I know he wont. I have said he can come round, couple of beers and we can get it sorted one weekend. I dont believe he will.

 

I think you are right with complexity, totally fazed me but the guys here are sooo helpful.

 

I think a lot of it is I cant be bothered.

 

Still the more success stories there are hopefully the more people will respond to these modern backwards Robin Hoods.

 

P.s Never mind national ID I have a tracer on me most days. Mrs Flunky keeps calling me on it. We should not be concerned about ID when we have GCHQ tabbing emails, phone calls etc etc. Debit cards, store credit cards and their loyalty cards are all info grabbing.

 

I have taken to switching my phone off a lot these days. O2 recently changed their terms and conditions to allow them to pass your location to certain 3rd parties such as debt collection agencies! My girlfriend terminated her contract due to those new terms and conditions.

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