I haven't got copies of the default notices yet for both accounts from the original creditor by which Overdales wrote to me on the 3rd February to say they were asking for them. In this instance do I still agree to mediation or refuse because all the paper work isn't here? form has to be in by the 14th March so need to get it posted by Friday at the latest

No I haven't agreed to anything yet I am just about to start filling the N180 form out so I am looking at - 1) small claim mediation (yes) 2) small claims track (yes) 3) it asks which CC hearing do you want this to take place - they have put telephone hearing which the claimant will endeavour to arrange I am assuming I would be filling this in saying I agree to a telephone hearing? if not what would I put in place?

So I'm a bit confused, one says its not a not of assignment, another says "very Loosely" Just for reference I posted on another legal forum to check this and they said it doesn't need to say notice of assignment as long as they acknowledge acceptance of the debt and let me know it has been assigned to them which they have done as shown in #43 So a little confused with that. 3 different opinions. On their N180 form they have requested that the case be dealt with by way of telephone call to avoid disproportionate costs so I will put the same and request my local court as a 2nd option. If mediation does fail is this when I will expand further on my defence? before a hearing.

Thanks, I'm going to sort the N180 form over the weekend With regards to post #43 is that what a notice of assignment looks like? I just want to clarify that's what it is before I speak with the mediator.

I got my N180 form last week, has to be returned by the 14 March so will get that filled in this weekend and send off recorded next week. Do I send a copy to the other party as well or will the court do this? Did you take a look at the uploaded file? I'm just wondering if they are classed as notice of assignment #43 and the now littlewoods contract #45 I'll prompt for mediation see where that goes. If all is correct then the only thing they haven't sent me yet is a copy of the default notice for both accounts which they said they would be going back to the original creditor for these.

Here is the littlewoods upload thanks Littlewoods CCa return merged.pdf

So mixed up in the pack is a copy of the now Littlewoods contract signed and dated electronically which relates to the date I took the contract out. Not the blank one they sent me a few weeks ago and it's the same copy as the Very contract I posted on here a few weeks ago. They have managed to get them 2 now. I can't see the default notice letter in there gone through it twice. Notice of assignment see attached PDF file...not sure if that counts as that but can you check? if it doesn't then they haven't sent that either. But I did get a letter from Overdales to say they were going back to the original creditor to get the default notices. not heard anything yet. littlewoods.pdf

I've just received a 318 page document from Lowell at the request of Overdales. It contains everything I have every done with the 2 catalogues. What I bought where I they got delivered, payments made with what card, what happened with what payments when I got in debt, communication letters from me to them trying to solve the issues etc etc. What do I do at this point? Wait it out and still go down the mediation route once I hear from the court? Look like the end is near on this one heading towards a payment plan

Just to update this, 3rd of February I got a letter from them which was their directions questionnaire they sent to the courts and told me I should expect my own soon. I've checked online and there is nothing there and it's now 20/02/22 and I haven't got anything through the post from the courts yet for my questionaire. How long should I leave it before contacting the courts? I've read online there can be delays of 5 weeks depending on how far behind the are. I got a letter dated 7/2/22 from Overdales. They have sent me copies of the notice of assignment for both accounts or what I think looks like them. it doesn't say on the letter. if you would like to see one of these posted up just to double check DX100uk I am happy to do this. It's a copy of a letter that was sent to Lowell that says on date xxx we bought your account from Littlewoods. it goes on to state the last dates and transactions I last purchesed on the accounts and what the items were. I found the original one from Lowell so it doesnt appear to be a direct copy as the original one state the date they took the account as (25/5/2020) where as the one Overdales have sent me says (25 May 2020) does this matter? They appear to be clear on the letter that the information they have supplied (items I bought in the past and the token payments I made at the time) that the matter is defended by them. They gave me 14 days to contact them to resolve the dispute with them direct with an offer of a one off 4k payment to clear the dept or dept plan to avoid a CCJ. Later on I will upload the letter and show you.

I'll have a look at the threads over the weekend thanks. Even though I defended the fact they haven't supplied all the information I asked for relating to the accounts they hold they still appear to be ignoring this and pushing for payment. I wouldn't engage with them over the phone anyway I would rather take it to court and have the court to force them to hand over the requested paper work I keep asking for. No point asking for payment saying I owe something if you first can't prove I actually owe it, show me the correct paperwork then we'll talk this has been my defence all along.

I've had a reply back from overdales, they want to do mediation as a telephone appointment. I'm just waiting to hear back from the court so I can let them know how to proceed.

It has gone in now received last night and acknowledged on my online account today. Would overdales need a copy of the defence statement I have sent in with it being a holding defence? or keep them out of it? If I am defending them in court if it goes that far they'll just see that I have defended the claim but not know the reasons why. You've suggested in the past they might drop the case before court but can't drop the case if they don't know the reasons of why I am defending?

@Andyorch Thanks for that, not sure how I missed that one looking through the site. It looks so much better to edit. As mine is retail related can I just use s.78/1974 act? I'll get on with using this tonight edit what I need into it and get it sent off today online. If I take out what the online document asks from the ones I posted above do you think I have provided enough information for the court? I've gone through what documents I do have I don't think I have missed anything. so it's a case of just edit, cut/paste where needed.

How does this look for a defence just a rough guide as not see how you fill it in online if doing it that way I know 1000 characters is all you can do if doing it online. In the [Northampton County Court Business Centre] Claim No: [XXXXX] [Lowell Portfolio LTD] Claimant And [ME] Defendant DEFENCE 1.The Defendant received the claim [XXXX] from the [Name of Court Northampton ] County Court on 31/12/21 <----- issue date I recieved 5 days later 2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3.This claim [is for] x2 [Catalogue Accounts] agreement regulated under the Consumer Credit Act 1974. 4.It is [admitted] that the Defendant has [previously] entered into [an agreement] with [Original Creditor] for provision of credit. 5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 6.The Claimant’s Particulars of Claim [fail to provide statements when the agreements were entered into/states the agreement was entered into since they have taken on the debt] 7.The Claimants statement of case states that the account was assigned from [Shop Direct Finance company LTD] to [Lowell Portfolio LTD] on [4/5/2020 & 20/05/2020]. The Defendant does not recall receiving notice of this assignment. 8.It is denied that [Shop Direct Finance company LTD] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983. 9.On the [11/01/22] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [Agreement]. 10.[Claimant’s Solicitor] has not provided all these documents to the Defendant. 11.On the [4/2/21 & 27/4/21 & 11/1/22] The Defendant sent a formal request for a copy of the original agreements including Default Notice's and Notice of assignments to [Overdales] pursuant to section [78] of the Consumer Credit Act 1974 along with the statutory £1 fee. 12.The Claimant has failed to comply with [s78 (1)] Consumer Credit Act 1974 and by virtue of [s78 (6)] Consumer Credit Act 1974 cannot enforce the agreement. 13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out. 15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment. 16.It is denied that the Claimant is entitled to the relief as claimed or at all. Statement of Truth The Defendant believes that the facts stated in this Defence are true. Signed ________________________________ Dated ________________________________

DX, I've just noticed something, if you look at the uploaded documents relating to the CCA #6 You see the 2nd and 3rd page are contracts the first one is a blank contract the 2nd one is a digitally signed contract for Very. I can only assume the originally creditor sent the contracts digitally to the DCA and it looks like one of them has either been printed out as a blank page or they have removed the information from 2nd contract and made it look like 2 seperate contracts? It looks like they only have information relating to Very and not Littlewoods? surley a none signed contract with no name detailing no amount of credit is not legally binding in court? It looks like if it gets to court they'll go for the Very account but not have a case to argue the Littlewoods one? Shop direct own both companies so assuming regardless of one signed contract for one company name would still need a seperate contract for another? and one signed contract doesn't work for both? If this does go to court at what point do I ask for the hearing to be done local to me?

Sorry I can't edit the post now meant to change it so that the Claiment is (lowell portfolio LTD) I have done everything you have said already. registered online on the GOV site, I have my date set already to file for defence which is 2nd February, CCA request sent off along with CPR forms recorded with postal order. I have had a reply back already from Overdales sending me the same CCA information as last time. All that is left to do now is file my defence online. Overdales no longer wish to respond to me unless I make payments. I will file my defence online Thursday next week. (my DO work) post #6 has the CCA information overdales sent me as per post #20 if you could cast your eyes on the PDF document again they don't seem to have sent much and it's what they appear to be using in court. Would you say that is enough info for them to use should it go that far? my defence is that they haven't supplied all the paper work to make and informed decision about the debt and they haven't complied with any S78 request or offered any explanation as to the missing documentation I have asked for it has left me in a position regarding payments to any debts up in the air because there isn't enough information regarding the debts. Thanks Again

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

@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?

DX100UK, #8 i would reply using the post 2 attachment in our letter of claim thread reason: the claimant has failed to supply all the required paperwork no need to re CCA. Perhaps I read what you said wrong but I took it I was replying to them with another letter before claim form which I did informing them prior to the last letter saying the supplied paper work was still missing information that forms part of a S78 and you hadn't supplied any information regarding the other account. So I have read through the pages relating to the court claim. I am going to tick the box "I intend to defend all of this claim" For my defence I state that on XX XX date I was sent a letter before claim form. The form was filled out asking for more information and a S78 was requested the paper work relating to this was sent to a wrong address in another county. Overdales admitted liability for this. Some months later I had to ask for the S78 information again to which they sent. The supplied documentation only relates to one account XX XX and not both accounts they are claiming for. There is also missing information not supplied as per the S78 request for account XX XX. See documentation supplied to the court. Overdales wrote to me again on XX XX date with another letter before claim form again I responded asking for more information relating to both accounts under a S78 request. Overdales responded with a letter saying they had already supplied me with all the documents as per the request. As the court will see in the supplied documents this is all they have sent me. I sent Overdales a copy of my own letter before claim form after receiving their letter saying they had supplied all documents, I supplied a covering letter stating which accounts they hadn't sent me and the one they had sent was missing paper work relating to S78 and could they please supply this information for both. This letter went ignored and they took the matter to court. Does this sound acceptable? I'm open to better wording.

Thanks I had a quick look, will read in more detail tonight when I finish work. The only thing that I don't understand now is, before hand I would have asked for a CCA to prove I owe the debt. They haven't really done this as per the PDF information I sent a few weeks ago with some partial paper work for one debt but not the other. When I have asked for further proof for missing documents they had said they provided these. Which they hadn't, I wrote further presenting this information and the ignored me taking it to court. If I go to court the debt shows it's in my name the only case I have is that Overdales haven't sent me the S78 proof showing that I owe it as per my request. would this make a difference to the court? Seems pointless if it doesn't matter I could fill out the N95A form instead of waiting for court admitting the debt and still having to pay with a CCJ?

Yes sorry its the N1 claim form Northants It comes as a pack with N95A and N95B I have options of either countering the claim N95B or filling out N95A and asking the DCA for a payment plan

Hello DX I sent another letter regarding the missing documents they hadn't sent and they have ignored this letter. Today I have a letter from the courts now issue date 31 December 2 accounts £937 and £3742 I can't dispute that I owe the money as I did have 2 accounts with them what I have disputed with the DCA is that they haven't provided me the information I asked for relating to a CCA Does it really matter at this point about the CCA with it going to court? If so what will be my arguing defence?

I've had the same with these guys for a loan thats about 2 years old now with oakbrooke finance for £1600 or £3600 with the interest added on. I get the odd letter now and again from ACI but they mainly email me. They did get Resolve Call involved and sent someone to my address. Nobody was in so they left a card, their latest tactic email came today to say my 21 days are almost up for another RC call to my house with a charge added to my debt because they are using them at my cost. again. I wont be in or not answering "they may start the litigation process" if the RC fails to get an answer from me. This is for an unsecured loan for £1600 (£3468) with interest it's been a debt now for maybe 2/3 years and was finally passed onto TM Legal sometimes late last year. Its a long standing debt to go with other debts I had a while ago. Ignored them for a long time before TM Legal took over. I've searched the forums and not seen these guys pop up before. They've sent me a LBC form. I've filled it out with a section 78 request form asking for more information which is the usual, default notice, CA and NOA. Recorded of course, they got it on the 26th I've had a couple of letters off them, mainly emailing me daily and they've sent Resolvecall out on the 25/4 but the wife told them to go away. I got an email from them today saying that if I hadn't contacted them by 18.00 today (27/4) then they'll have to take it to court, I guess they haven't logged my response to them yet from the LBC I sent. I can see DX rolling his eyes now at me. I'm a bit more savvy this time I hope Lets see how it goes.

Yeah sorry about that tagged you then read your Sig about not tagging. What do you mean by there are no IP addresses on those? Does it matter that when I applied for an account with Very that I put myself down as MRS as stated in the signiture? it didn't seem to affect my application as name and address were correct. thanks again

Overdales are a pain in the backside, going through my own issues with them at the moment. Sent a CCA myself and they sent half the documents for one account and the other account that I asked for twice, they keep telling me they have sent the documentation for it. I've already had 2 pre action letters sent from them in the last year and this latest one they are getting more pushy but not sending the correct information. Worst debt collection agency to date