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Overdales solicitors a part of Lowell’s? Updated with response

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  • sourcrates
    sourcrates Posts: 31,510 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Sorry Fatbelly I missed your response, sorry to be thick do I set up a payment plan now? Are the documents correct and enforceable? 
    As you can tell I have no understanding of the process despite reading everything possible and googling S127.
    Thanks again 
    Re: the credit agreements, no, they are not enforceable.

    This from National Debtline -

    Consumer Credit Act request under sections 77, 78 and 79

    You should be sent a ‘true copy’ of your agreement that is easy to read and a statement of your account signed by your creditor. The ‘true copy’ must contain all the terms and conditions from your original agreement, information about any changes made to the agreement and your name and address at the time that you took out the agreement. It does not have to include a signature box, signature or the date of signature from your original agreement.

    The statement of account should be signed by the creditor and tell you:

    • how much you have paid (if you borrowed a fixed amount);

    • how much you still owe; and

    • what you still have to pay and when.


    Basically prior to sec 127(3) CCA being repealed on 6th April 2007, the copy credit agreement had to be a true copy of the original, after that date a re-constituted version would suffice.

    You can`t really say its unenforceable, and just leave it at that, you must say why its unenforceable, in this case much of the required information is missing, so, would not comply with sec 61 CCA , which governs agreements conforming to regulations.

    We say unenforceable but to use the term improperly executed would lead to the same conclusion.

    Fatbelly has laid out your options, its up to you how far you want to take this.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fatbelly
    fatbelly Posts: 22,938 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    They appear to not have the relevant paperwork. Nothing is guaranteed when it comes to court cases but if you look at that last link I posted (you may have to register) you will see loads of cases that are less strong than yours being defended with help from the folks on that site
  • Dottydoolay
    Dottydoolay Posts: 159 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    edited 27 September 2021 at 7:38PM
    Thankyou again both of you sorry you’re having to bang it out to a thicko. I have said Thankyou so much over the months but by God I mean it.

    Sorry yes hard to explain on messages and useless at uploading anything on here to show you but no I definitely do not have that criteria. That credit agreement honestly could have been sent to absolutely anyone it’s purely a template with no information. The screen grab things look like something from the ark and the info is lacking and not understandable on them to the naked eye.

    Thankyou Fatbelly I looked through some posts via the link got to be honest it scared me a bit the court stuff but that’s due to my lack of understanding I guess.

    I will sort my head out and go to see a human in the CAB as soon as feasible with those hard copies and take it from there. Not that you are not brilliant humans btw just I can show them the hard copies to triple check for me incase I have missed something.

    Thankyou again, you are simply brilliant.
  • Just updating so do these things usually go round in circles? I went to CAB and no they have not provided the correct documents to enforce the debt via the courts.

    So today I receive yet another 30 day thing so what am I supposed to do with that? Request the documents again?

    I was maybe wrongly expecting some sort of court documentation to then defend and not just the same 30 day thing again.

    I will of course go back to CAB as soon as I can but thought a quicker answer would be here in the meantime.

    Thanks 
  • fatbelly
    fatbelly Posts: 22,938 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Well that's a game. Yes, fill it in again.
  • Oh well, on a positive note the letter didn’t scare me like the rest have with this one it’s more the case of questioning just how thick they really are.
    Either that or they think I was born yesterday! 
    Thankyou again 
  • fatbelly
    fatbelly Posts: 22,938 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    You're getting the idea now!
  • Hi guys, I have been following this thread last few months. I have had a similar issue with debt collectors. I wrote letters to some of them following the advice here. Unfortunately, one of the collectors took me a court and have received CC Claim yesterday. However, I planned to pay them off in a few weeks with a discounted offer, but now I don't know which way to go and what to do. The original debt defaulted 5 years ago and I don't want another 6 years on top of it. Could you please advise me on that?
  • fatbelly
    fatbelly Posts: 22,938 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    ozanis said:
    Hi guys, I have been following this thread last few months. I have had a similar issue with debt collectors. I wrote letters to some of them following the advice here. Unfortunately, one of the collectors took me a court and have received CC Claim yesterday. However, I planned to pay them off in a few weeks with a discounted offer, but now I don't know which way to go and what to do. The original debt defaulted 5 years ago and I don't want another 6 years on top of it. Could you please advise me on that?
    At least acknowledge service and buy yourself some more time. You can do this online using the case reference and the password.

    You may now not get a brilliant offer to settle but get in touch anyway and make your offer.

    If you do get a ccj then it does not show on your file if you pay it in full within a month.


    If you want further delaying tactics that will involve putting in some sort of defence to the claim. The people at 

    https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim

    are better placed to help with that 
  • fatbelly said:
    ozanis said:
    Hi guys, I have been following this thread last few months. I have had a similar issue with debt collectors. I wrote letters to some of them following the advice here. Unfortunately, one of the collectors took me a court and have received CC Claim yesterday. However, I planned to pay them off in a few weeks with a discounted offer, but now I don't know which way to go and what to do. The original debt defaulted 5 years ago and I don't want another 6 years on top of it. Could you please advise me on that?
    At least acknowledge service and buy yourself some more time. You can do this online using the case reference and the password.

    You may now not get a brilliant offer to settle but get in touch anyway and make your offer.

    If you do get a ccj then it does not show on your file if you pay it in full within a month.


    If you want further delaying tactics that will involve putting in some sort of defence to the claim. The people at 

    are better placed to help with that 

    Thanks for the prompt response. For clarification, I will acknowledge the claim online and ask for extra time and make a discounted offer. If the claimant accepts the offer as a next step, I will make the full payment of the agreed amount in 28 days; it won't be shown in my credit score.   How about the default in my credit score? Is it going to offer partial or fully satisfied? Many thanks!

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