Lowell/Overdales Claimform - old Cap1 Debt

[Moomoo11]

Hi all

Im Helping out a family member who has just received a claim form from Overdales Solis for a capital credit card of £3000. Taken out approx 2018

He was making payments until last year of 50 a month until he lost job.

CAB have advised eligible for a DRO

 

is it worth defending ?. Having a read through forums it seems they usually have paperwork in order these days or should I just offer a token payment. 
 

what are my next steps?  The defendant does have some mental health issues so whether or not they will be able to defend themselves in court is another issue

 

Thanks
i 

[fkofilee]

Welcome - One of the team will take a look shortly

[London1971]

Paying DCA's one penny, never mind £50 per month is a mugs game, they have really been milking him as a cash cow

 

See where received a claim form is underlined in your post, you need to click, on that and read carefully, then answer the questions, then copy and paste into a post on this thread

Forget the CAB ,  their advice is sometimes weird.

Is it worth defending? Lowell brought these debts for 10 p in the pound , years ago, because they are flawed. Think about it! if it was such an easy win, Capital one could have taken it to court and crushed him.  It could be an invalid agreement, default notice, or many other things. In a nutshell , yes, and we can help you.

[Moomoo11]

Thanx London will get on to it this evening

having a read around these forums I can’t seem to find many success stories using your methods.

how successful are these methods or am I just buying time for him and a ccj will be inevitable in the end.

Thanks

another question is, will he have to appear at court..?

I am not sure he has got it in him

[London1971]

Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question.

Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.

 

[Moomoo11]

Which Court have you received the claim from ? Yes

Name of the Claimant ? Lowell

How many defendant's  joint or self ? Self 1

Date of issue – 08 may 

defence filing date: 7th june

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

1. the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx

2. the dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with

3. the debt was legally assigned to the claimant on 18-03-21 notice of which has been given to defendant 

4. the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£

the claimant claims the sum of 1782£

 

What is the total value of the claim? 1977£

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

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 ? 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

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

Did you receive a Default Notice from the original creditor? Unsure

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not that he recalls

Why did you cease payments? Lost job

What was the date of your last payment? Feb 2023

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

Thanks London 

if I’ve read correctly the questionnaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far

 

 

[dx100uk]

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.

 then log in to the bulk court 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 the website
..
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]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util 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]

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

 

[Moomoo11]

Can someone please advise on how to upload picture.  I’ve taken a photo of the first page of claim form and converted to pdf but it saying file too big. It’s only one page

[dx100uk]

read upload

use the stated online websites

dx

 

[London1971]

If you are helping a family member you are going to need their Government Gateway details in order to Log in to MCOL .

[Moomoo11]

Hi London 

he doesn’t have government gateway. Should we do it via post?

[London1971]

Easy to set one up on Gov.uk , search on Google.

[Moomoo11]

London1971

without divulging too much into his mental health he has issues regarding anything to do with government and so is it ok to fill the forms provided and what do I put on there  thanks

 

[dx100uk]

follow my guide create one.

dx

 

[Moomoo11]

Dx100.  
im trying to follow your guide but it keeps saying claim number or password( tat they supplied) is wrong. 
is that what you meant by not working or something else is wrong?

the government gateway also didn’t ask for a memorable word but I received id.   And I’m on mcol

Edited May 16 by Moomoo11

[dx100uk]

leave aos for today cant hurt.

try again tomorrow it often has hiccups.

get cca/cpr running today!

dx

[Moomoo11]

The particulars of claim doesn’t mention statement of accounts.  Should I include that in the cpr letter?

[dx100uk]

just send as is

dx

[Moomoo11]

Thanx dx 

iv mistakenly put some identifiable things on the questionnaire above

is it possible for you to change that as it doesn’t allow me to edit. 

[dx100uk]

not that i can see.

dx

 

[Moomoo11]

The amounts??  Or it doesn’t matter?

[dx100uk]

totally immaterial.

time to now start reading up.

Programmable Search Engine (google.com)

Clickme^^^

do not miss your defence filing date no matter what

dx

 

[Moomoo11]

Oh wow. Thanx DX. Not sure how you managed that but that has made it a lot easier thanks 

but I’m a confused as to how I can have a defence until they send all I’ve asked for

So cca and CPR sent to Lowell and over sales respectively..

still unable to access MCOL   Waited over an hour to speak to them only to be told they cannot pass me through to technical team. They have provided a claim response email but I don’t have adobe.  

And so I attached an image of acknowledgment of service and emailed them.  Also sent hard copy by post

have kept copies of all three as well as proof of postage. 
 

is that all for now??

[dx100uk]

why do you need adobe...use a pdf online website.

all for now...now get reading up and do not miss your defence filing date no matter what.

post it up in good time

On 17/05/2024 at 07:00, Moomoo11 said:

is that all for now??

no!!

On 16/05/2024 at 22:36, dx100uk said:

time to now start reading up.

Programmable Search Engine (google.com)

Clickme^^^

do not miss your defence filing date no matter what

dx

 

[Moomoo11]

Because that’s what the email said. Anyway it’s done now. Posted and image emailed. 
 

im doing some reading in preparation for defence but I will need my hand holding quite tightly by you good people.  I’m a little bit clueless