Lowell/Overdales PAPLOC - old 118118 Card

[comebackjimmy]

Hello all,

Had a 118 credit card.

Stopped paying around November 2021 and received a default notice dated 10th December 2021 so have gone into default as of around 24th December 2021 with a value of £752.

Account purchased by Lowell and subsequent communications ignored until a LBA weas received from Overdales.

I used the Ministry of Justice reply form not the Overdales supplied one and sent a request using wording as advised by CAG.

I have finally received a reply back dated 30th January 2024 from Overdales providing a statement which comprises the numerous monthly bills relating to the account, a default Notice and a Credit Agreement.

The Credit agreeement is made out in my name and shows a tick box with a tick in it, no signature from me which I never provided in the first place.

There is no IP address provided.

There are no hello and goodbye letters provided (though I have them from when they were originally sent) so as of now they have not provided evidence they have bought the debt.

The balance of the Overdales letter asks me to provide further evidence if I wish to "support my dispute"  and goes on to say they "May" go on to Issue a CC claim.

At this point I guess I have two options, ignore or reply.  Would be grateful for advice on the next steps if any.  Many thanks.

[Bazooka Boo]

Can you scan and post up what you've received from slowdales?

Slowdales are Lowlifes in house sols, so pretty much you're still dealing with Lowlifes.

 

[comebackjimmy]

Uploaded the full credit agreement though I only needed to redact the first page.

Also the default notice which is two pages, only had to redact the first page.

I have not uploaded any of the card statements due to the shear volume but I would say they are a full history of the transactions from start to finish.

118 claims they do not apply any default charges but I will have a look through to see if I can spot anything.

240206 118 Agreement and Default edited for CAG.pdf

[fkofilee]

Arh Lucas Credit Services, Change of paint but still just as useless

Lowell Bought out Dr Lucas and made Overdales a trading name. 

 

Question is - Do you owe the money legitimately? Why did it break down? 

You could ignore and wait for the Claim Form and deal with it that way 

[comebackjimmy]

Guess the money is owed.

Is this defensible if I get a claim form?

Why would I not get a claim form now we have got this far?

What scope is there to defend it?

[Bazooka Boo]

Where's the rest of the correspondence from Lowlifes and Slowdales?

What were the reasons why you defaulted?

Did you inform them and ask for help?

 

[unclebulgaria67]

Since the CCA was amended to include electronic online sign ups to credit agreements, if they took it to Court, they just need to evidence that you took out the debt, have defaulted on it and they are the owners of the debt. If they issued the claim form, you would have to think how you could defend it.  You can't really say that you don't owe anything.

Did you receive a letter from the credit card provider advising that the debt had been sold on ?.  If not you could respond that you have not received any correspondence from the original creditor to advise of any change of ownership of any alleged debt. And ask them to provide a copy of the letter from the original creditor or a document that provides proof of sale to Lowell.

[comebackjimmy]

@Bazooka Boo thanks for joining.

After getting the LBA I received a document print out from Overdales consisting of the agreement and default notice as shown in my upload plus around 30 printouts of the monthly statements beginning with when the card was taken out to when it defaulted.  I have not scanned them as I did not think they contained anything useful but can if the group thinks it worthwhile, but probably about 200 pages and a lot of redacting to do.

Apart from the above there was nothing else sent.

@unclebulgaria67, thanks for input. 

Yes, I received goodbye and  hello letters.  Overdales have not provided them in the bundle nor any other proof of the sale.

The credit agreement is made out in my name and the box is ticked.  How do they, or a judge, know it was me that ticked it?

[comebackjimmy]

@Bazooka Boo I defaulted because my business ran into lean times.

I was in contact with them and made some minimum payments, mainly to try and maintain my credit record but stopped when I found out that they had trashed it anyway.

Something had to give so I stopped paying them at that point.

[unclebulgaria67]

Electronic online credit agreement, so they don't need your signature or evidence who ticked the box. Judge likely to accept that you received the credit and agreed repayment.

If you want to avoid CCJ, you might want to negotiate a settlement offer.

[comebackjimmy]

OK Uncle, thanks for the advice, that is my next move I guess.  Will update the thread with the outcome.