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

Dottydoolay

Thankyou Sourcrates,

Yes fair point and you’re right, I’m just another case number at the end of they day.

I guess telling them my income has halved if not more than that actually and highlighting the fact that they have failed to provide the documents I have asked for not once but twice really can’t do any harm.

I’m a firm believer in always telling the absolute truth that way nothing can ever come back and bite you on the bum. In this case what I’m saying would all be absolutely truthful so nothing to lose really.

DjangoUnchained

ozanis said:

DjangoUnchained said:

im in the same position, 4 years on they havnt proved anything, im happy to sit on the £4.6k 2 more years until statute barred then tell them to go take a jump. I dont even need the money now so gonna give it to charity. 

I’m on fifth year and now I was taken to CCJ by debt collectors. How are you going to runaway from this? However, I don't understand one thing. If you don't pay your debt you get default then can't obtain a credit for 6 years and the last minute, a debt collector can take you to court and can block the debtor for another 6 years by CCJ! Then you end up with 11 years for !!!!!! credit file! How come it works like this? Any answers to this? 

If they want to take it to court I will defend it vigorously, firstly they need the CCA.  I also have a few discrepencies which may or not be usuful in defending. Lastly  i dont give a fig about my credit file. I have paid off my mortgage, no other debts and dont intend to borrow money in the future. 

EssexHebridean

DjangoUnchained said:

ozanis said:

DjangoUnchained said:

im in the same position, 4 years on they havnt proved anything, im happy to sit on the £4.6k 2 more years until statute barred then tell them to go take a jump. I dont even need the money now so gonna give it to charity. 

I’m on fifth year and now I was taken to CCJ by debt collectors. How are you going to runaway from this? However, I don't understand one thing. If you don't pay your debt you get default then can't obtain a credit for 6 years and the last minute, a debt collector can take you to court and can block the debtor for another 6 years by CCJ! Then you end up with 11 years for !!!!!! credit file! How come it works like this? Any answers to this? 

If they want to take it to court I will defend it vigorously, firstly they need the CCA.  I also have a few discrepencies which may or not be usuful in defending. Lastly  i dont give a fig about my credit file. I have paid off my mortgage, no other debts and dont intend to borrow money in the future. 

You do understand that your position now is rather more financially privileged than most on here though, right? Rubbing people’s noses in it by constantly telling us all that you “don’t even need the money” is a pretty insensitive way of going about things on a  forum where we have people who are LITERALLY suicidal through the position they have found themselves in, often through little fault of their own, but down to the actions of others. I have no issue with ANYONE having money, so long as it has been obtained legally, but I do have an issue with them seemingly feeling they’re better than others because they have it. Financial privilege whether through sheer hard work, or good fortune, is something to be worn with sensitivity, IMO. 

DjangoUnchained

EssexHebridean said:

DjangoUnchained said:

ozanis said:

DjangoUnchained said:

im in the same position, 4 years on they havnt proved anything, im happy to sit on the £4.6k 2 more years until statute barred then tell them to go take a jump. I dont even need the money now so gonna give it to charity. 

I’m on fifth year and now I was taken to CCJ by debt collectors. How are you going to runaway from this? However, I don't understand one thing. If you don't pay your debt you get default then can't obtain a credit for 6 years and the last minute, a debt collector can take you to court and can block the debtor for another 6 years by CCJ! Then you end up with 11 years for !!!!!! credit file! How come it works like this? Any answers to this? 

If they want to take it to court I will defend it vigorously, firstly they need the CCA.  I also have a few discrepencies which may or not be usuful in defending. Lastly  i dont give a fig about my credit file. I have paid off my mortgage, no other debts and dont intend to borrow money in the future. 

You do understand that your position now is rather more financially privileged than most on here though, right? Rubbing people’s noses in it by constantly telling us all that you “don’t even need the money” is a pretty insensitive way of going about things on a  forum where we have people who are LITERALLY suicidal through the position they have found themselves in, often through little fault of their own, but down to the actions of others. I have no issue with ANYONE having money, so long as it has been obtained legally, but I do have an issue with them seemingly feeling they’re better than others because they have it. Financial privilege whether through sheer hard work, or good fortune, is something to be worn with sensitivity, IMO. 

I didnt mean to be insensitive I take your point and I profusely apologise. Reading back it does sound bad. I have been at rock bottom too but things do change.  

Dottydoolay

Ah well court papers arrived today so sadly none of the advice worked and they are indeed playing hardball. 

I did freak initially,  sort of even guessed the brown letter was a court letter before I even opened it. Not sure why when haven’t even had a court letter before.
Took a long breather and talked myself round to, I have fought this long, I’m not a quitter so I will keep fighting and what will be will be.
Been over to Leaglebeagles again for a good read up. Can’t say I’m confident in what I’m doing but I am a fighter if nothing else.

I have covid atm so when I get out will send the CCA request to Overdales and In the meantime log it so I get the 28 days to sort timescale instead of 14 days. Going to go back to CAB aswell and hopefully see them although opening days/times are understandably limited. 

Got to just think just a number, millions will be in this position and Overdales despite what they say haven’t sent me the agreements.

Thanks everyone I will let you know the outcome.

sourcrates

Dottydoolay said:

Ah well court papers arrived today so sadly none of the advice worked and they are indeed playing hardball. 

I did freak initially,  sort of even guessed the brown letter was a court letter before I even opened it. Not sure why when haven’t even had a court letter before.
Took a long breather and talked myself round to, I have fought this long, I’m not a quitter so I will keep fighting and what will be will be.
Been over to Leaglebeagles again for a good read up. Can’t say I’m confident in what I’m doing but I am a fighter if nothing else.

I have covid atm so when I get out will send the CCA request to Overdales and In the meantime log it so I get the 28 days to sort timescale instead of 14 days. Going to go back to CAB aswell and hopefully see them although opening days/times are understandably limited. 

Got to just think just a number, millions will be in this position and Overdales despite what they say haven’t sent me the agreements.

Thanks everyone I will let you know the outcome.

This is how Lowell, or Overdales, typically tend to play the game, their modus operandi is to take matters right up to the wire, in the hope you will cave in.

Legal Beagles is the place to confirm the exact wording of your defence to this claim.

This will most likely end up in a hearing, the court will want to see what documentation Overdales have, I can say almost with absolute certainty, that what they sent you, will not pass muster here.

Of course you can never be 100% certain, as anything can happen in court, but you have a good chance of success.

Dottydoolay

Thankyou Sourcrates just got to battle on I guess as no going back now. See what the court decides and nothing to lose really. 

SusieT

Dottydoolay said:

Thankyou Sourcrates just got to battle on I guess as no going back now. See what the court decides and nothing to lose really. 

On the plus side if Legal Beagles give you the wording  for the defence, and they still manage not to produce any (compliant) documents, you will be in a pretty good position. Just be aware that even without documentation they may take it all the way to the foyer at court before they pull out, in the hope that you will not turn up and they will get judgement.  Good luck with it 

Dottydoolay

Thankyou, sorry to be a pain but the CCA requests is that x 3? As it’s 3 separate account numbers rolled into one debt/court action?

I posted everything straight on to Legal Beagles for further assistance  but to date no response and can’t get to CAB yet as still isolating.

Feeling more than a bit lost atm as can’t seem to help myself or move with this through lack of knowledge myself and obviously isolating.

Thinking as sad as it sounds with all this latest terrible news with priority bills on the rise big time Lowell’s have got even less chance of sticking the knife in financially with many claims they’re bringing forward with debatable compliant documents so that can only be a good thing I guess. 

fatbelly

Dottydoolay said:

Been over to Leaglebeagles again for a good read up. Can’t say I’m confident in what I’m doing but I am a fighter if nothing else.

I have covid atm so when I get out will send the CCA request to Overdales and In the meantime log it so I get the 28 days to sort timescale instead of 14 days. Going to go back to CAB aswell and hopefully see them although opening days/times are understandably limited. 

The cca request goes to the creditor. If there are three accounts then three requests.

The cpr request goes to the solicitor. One request.

It doesn't matter if you're a bit slow on this. The standard Legal Beagle defence assumes no reply to either request. However you must meet the deadline of getting your defence to the court within 28+5 days from issue of claim, assuming you've acknowledged service.

This is likely to be beyond 99% of CAB advisers but you might strike lucky