Lowell/Overdales claimforn - old cap1 card (luma), old vanquis card, old O2 mobile debts - all but cap1 have been disc'd

[prince percy]

both. i sent to Northampton first who said it was no longer with them and that i need to contact the local court.

 

[Andyorch]

Okay well if it has gone adrift from the claimant, they should correct it now they have their Notice of Allocation...if they dont and they do proceed you must bring it to the courts attention that they have abused process to deter you from proceeding with the court directions.

 

Let's see if they proceed with statement and evidence.

[prince percy]

thanks for the help.

 

I was wondering whether they were doing this to stop filling in the directions questionnaire and them getting a judgement off the back of that which is pretty underhand. 

 

the deadline for them is 21.12.22.

i'll post if i get anything

[Andyorch]

They can't get a Default Judgment you have submitted a defence...but they could deter you from complying with the court directions (the next stage) and have your defence struck out..... as you are under the assumption that the claim has been discontinued.

 

 

 

.

[prince percy]

Not heard anything from Overdales to suggest that they are not pursing this now. i read the court documents and i understand that i need to fille any documents i need to rely on in the hearing.  

Do i need to do this as a witness statement and what information will i need to put on it.

The Claimant has until 14/12 to pay the court fee will i be notified if this is done or do i just proceed anyway?

 

[dx100uk]

yes ws time 

they appear to have discontinued the mobile part and the vanquis part of the claim but not the cap1 card part?

 

 

[prince percy]

That is what seems to have happened. They wrote to say the discontinued part of the claim. The they wrote to say they would be continuing the cap one. and then they sent me a notice to say they had discontinued the whole claim. these were received with in a day of each other. 

 

[dx100uk]

you have  notice of discontinuance stating the whole claim?

 

dx

[prince percy]

Yes i have a letter from Overdales on 9/9/22 stating that "our client has instructed us to discontinue this claim and therefore enclose a copy of the Notice of Discontinuance by way of service on you" 

this came with a copy of the notice but the notice has not been served at either Northampton or my local county court.

i can upload the documents if it helps?

 

[dx100uk]

then send them both a copy by their relevant email addresses.

 

 

[Andyorch]

He already has DX....you must comply with the court's directions in the meantime. Might be worth another check with your County Court ?

[prince percy]

I will email the local court again but the last contact i had with them was that they would be writing to the claimant as they did not submit the notice to either Northampton or my local court when it was allocated. 

 

[prince percy]

I have received and update from Bath Court following a second email.

 

they stated that the claimant has only filed a partial Notice of discontinuance and therefore a claim of £948 left in dispute.

 

They have advised me to read my N157 carefully.

 

I have asked them to bring to the attention of the Judge that i was sent a Notice telling me the whole claim had been discontinued. 

 

I also received another copy of the Notice of Discontinuance part claim from Overdales today.

 

I figure now that i need to start preparing my witness statement?

 

[dx100uk]

yep WS time belt and braces

we've seen these tricks pulled before and not only by lowells.

 

dx

 

[prince percy]

I will start drafting one up now.

I have been sent a assignment and a default notice which looks valid to me so i am no tsur what my chances are of winning this now. 

Will i need to rely on the false Notice of Discontinuance as technicality?

 

[Andyorch]

Quote

Will i need to rely on the false Notice of Discontinuance as technicality?

 

No

[prince percy]

I've had a look at what has been sent to me by overdales and it looks as if the CCA is not a true copy and is a screenshot.

 

There is no IP address on in and it looks like a cut and paste job.

 

The default notice looks fairly authentic to me.

 

I guess i need to base my defence on this basis and also add the false notice of discontinuance that has been sent to me?

Statement is due 19th December.

 

[Andyorch]

Quote

There is no IP address on in and it looks like a cut and paste job. Not a prescribed term of a credit agreement.

 

I guess i need to base my defence on this basis and also add the false notice of discontinuance that has been sent to me?

Statement is due 19th December.

 

Second time....NO

[prince percy]

I've called the court today and the fee has been paid so looks like i will need to get my witness statement to the court by Monday. not sure if it will arrive at Ovedales on time due to post strike.

 

I am drafting a witness statement now and am using this as a reference point. 

 

 

Is there anything else i need to consider? the DN is valid and gives 28 days notice from the date of the letter.

 

[prince percy]

i've finally managed to scan what i have from ovedales so far. they also sent me statements  and generic T&Cs.

I sent a CCA request to Lowell does what Overdales have sent count as fore filling this request? 

not had anything else from Overdales since they re-sent me the partial discontinuance letter.

 

I'm going to have to post this to Overdales tomorrow but there is no way they will get it in time because of the strikes.

 

I'll email one to the court should i email to Ovedales as well or will the courts allow a period for the postal strike?

 

I had another question. 

i send to CCA request to Lowell who have not responded. Does what Overdales have count as for filling that request?

 

overdales letters.pdf

[Andyorch]

I would seriously consider their offer of settlement even by way of a payment plan vis a Tomlin Order.

[prince percy]

does that mean there case is pretty water tight?

what should i be looking to offer? and how do i go about doing it?

 

[Andyorch]

Enough paperwork there to convince the most relaxed district judge.......you can only negotiate if you can pay in full by way of an offer.....if you can't they would set the monthly amount....but must still be affordable to yourself.

 

Speak to the claim handler and propose a possible settlement by way of a Tomlin Order...come back here with any response.

[prince percy]

I could probably afford a few hundred upfront  depending on when would need to be paid. Would it be worth making an offer than the £800 they offered to settle on original letter?

[Andyorch]

As said depends if you want to pay monthly is the £800 upfront or on monthly terms ?  If they will accept monthly I dont see any point in paying upfront then monthly