Hi - my hubby received a claim form from Overdales re his Ocean/Capital One credit card. We have been disputing the charges on the account as it was during lock down that he went into arrears, lost his job and went self-employed which had it own problems. Capital one were aware of him having financial issues but would not give him a "time out" for a few months which was happening during lock down if people were struggling financially. the charges they put on the account were totally unfair. received the claim form on 17/01/23 Went onto MCOL and ticked the relevant boxes. Sent Overdales a CPR 31.14 and hve submitted a defence. In the defence he mentioned that despite sending a CPR 31.14 no documentation had been received. Yesterday 14/03 he received an email from Overdale (see below) saying that they have no record of a CPR (which is rubbish) as he posted and emailed them (due to all the postal strikes) and have proof. Please note, we have requested the documentation from the Original Creditor and will be providing this to you in due course. Please find enclosed the Notice of Assignment, which shows the Claimant is legally entitled to claim the debt. He also received another email with a copy of the Direction Questionnaire which they have sent to the courts. my question is are they supposed to fill in and send the Direction Questionnaire as from what I remember from the GB case it was us who filled the form in not GB

Hi my process was different to hers and they had sent all the documents to "prove" the debt before the court claim was done and there were no solicitors involved. She has received no documents "proving" the debit ie original contract, notice of assignment etc. The solicitor has said the account is on hold so was not sure if the court claim would still go ahead. Thanks for your help

Hi - she has done all that, gone onto MCOL and contacted solicitors asking for copies of documents and received a letter back from solicitors saying in order that their client could provide the documentations they have been instructed to place the account hold and take no further action in relation to the proceedings until they have received the requested documentation. What she is wanting to find out having received the above response is: 1) if no documents are received by the 33 days does a defence need to still be submitted 2) if no court claim goes ahead due to not having the relevant documents by day 33 can they make another claim

Hi justasked her to send me a copy so can double checked with her. She received a COURT CLAIM FORM, she said she replied to that to get copies of documentation. It does say Cabot on the Court Claim Form. So will change second questions to: If no documentation is received before the 30 days does she still need to submit a defence to the Court, she has done the acknowledgement via MCOL. If documentation is received after the 30 days can they issue another COURT CLAIM FORM.

Hi writing on behalf of my sister coz I am always going on about how amazing this site is so she asked me for some help. On 6th of January she received a letter of claim from Mortimer Clark for Aqua card (long stories, issues with interested and payment breaks). I told her to send them a letter and gave her your template (CPR. 31.14). She has also responded to the claim. Received a letter from them today saying in order that their client could provide the documentations they have been instructed to place the account hold and take no further action in relation to the proceedings until they have received the requested documentation. So questions are: If no documentation is received before the 30 days does she still need to submit a defence? If documentation is received after the 30 days can they issue another letter of claim. Hope that makes sense.

See attached email email gb.pdf

UPDATE Got an email from te Court today saying fee had not been paid so case had been vacated. So its a win for us!!!! Thank all so much for your help. Should I ask them to confirm that there is no more legal action or just leave it be.

Thanks will be on Teams. Any advice on what to do/not to do? Getting a bit nervous. Will I be able to speak on behalf of my husband, he will be there as well so can answer question if needed.

The court case is set for this Friday 6th January. It says it will be held via video link but we have received in information yet or what they will be using. Any advice appreciated as what to say/what not to say. Thanks

The company was dissolved in May 2022. Would that make a difference to our case do I need to let the court know. Also the company's last profit and loss showed a major loss should I submit that to the court

Yes - he originally signed as a limited company (part A) but they said he needed to the sign as a partnership and list details of the other directors along with contact name for the trade references. I am trying to find out if the form is still valid if he has completed the wrong bit.

If you completed the wrong section of an Account Application form (Part B instead of Part A - see attached) would it make the application invalid/unenforceable. The company was registered as a Private Limited compay and definitely not a partnership or sole trader.Form - LTD.pdf

Hi - my son has done a claim via TDS to get the deposit paid. He said a caseworker had contacted and would let me know any updates.

Hi - he has started a claim. Still nothing since giving them his bank details. It was paid into a protected scheme we managed to get a copy of the certificate. The estate agents is Lewis Pointon in Nuneaton. Will let you know once sorted.

Thank you so much for your help. Will let him know. Will keep you posted as they have taken his bank details and sent the info to accounts!!!!! So if nothing by Monday will get the letter sorted.

Hi - he is dealing with the estate agents. The house has actually been sold. I did try and search on the TDS site to see if it was registered but nothing came up. Its the estate agents that keep fobbing him off saying no nothing yet and we will get it sorted but its now 3 months since he moved out.

Hi - my son moved out the property in March 2022 as he was given notice by the landlord that they were moving in. To date he has still not received his desposit back despite phoning them daily. He is now wanting to move back to Surrey (currently lodging with a friend) and needs that money for a deposit etc of a new place. Attached is an extract from the lease that he sent me. Any advice PLEASE. deposit.pdf

I did say no when I sent the form in and will email SCM services back saying a big fat NO. Should I tell them I am saying no because it is statute barred/ I can't make the date anyway as will be working - I do bank staff cover so can't take time off. Just curious is it normal pratice for to set up a mediation if I have said no.

Hi - yes they have sent me DN and agreement. My apologies as had sent previously so thought you already had a copy. No payments made after May 2015 and although in the letter they say I paid £1 they have not provided proof. agreement.pdf DN.pdf

Alleged debt has also been removed from my credit file. Let me know if you need more documents. All docs.pdf

Yes mediation service. Only info is my agreement and payment schedule of payment showing last payment in may 2015. I think i sent a copy in last lot of paperwork. They are claiming i made a payment of £1 in 2017 which they hve not supplied proof of so claim it is not statute barred.

Just received an email giving a medication appointment on 24/03/22. Do I need to talk to them?

All done. Will I get a copy of their defence as I have not received one yet. Sent email to courts and then email to the address on overdales letter.

Sorting that now. I will have to email response to court. With solicitors asking me to respond to their letters is that normal practice as I would assume if its heading for court there would be no correspondence between them and me.

Hi - finally got reply from the court asking for the N180 to be completed. Still not able to log into MCOL. I am attaching all the documents received so far including letters from solicitors and a bank statement show the last transaction in May 2015 and no £1 transactions which they have not sent proof of either. The alleged debt has now been removed from my credit file as well. Got a letter today from the solicitors asking me to reply to their letter dated 17/01/22. FYI they have said in the letter copy attached but of course nothing was attached. Do I reply to the solicitors and should I complete the N180. Account is definitely statute barred. All docs.pdf