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

sourcrates

Dottydoolay said:

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. 

Right, time to find yourself again then, you can do this.

OK, you are defending the claim, you are defending it on the basis that Lowell/Overdales failed, when asked, to supply you with any evidence of your liability for this debt whatsoever, which is reason enough to dispute this matter.

Its best if you don`t use legal jargon, the court doesn't expect a layman to act like a solicitor, put things in your own words.

Some good advice can be found here -

What to do if you get a Claim from the county court about a debt (debtcamel.co.uk)

Just one request should be sent, you can include all reference numbers, don`t expect a response before the court hears your case though, concentrate on your defence.

Dottydoolay

Thankyou Sourcrates,

You know what it is that’s exactly it, I have read so much on Legal Beagles over the last few months trying to prepare myself for any possible eventuality.

I read numerous defences as numbered points lots of them and all big words with references to this law and that law. At this stage that’s what I thought I was looking at producing but I don’t have the knowledge to do that I’m not a solicitor by any stretch of the imagination.
I’m so glad I am here because that’s exactly what I thought I was having to produce on this occasion, legal jargon.

Im not brains of Britain but have been through the legal process 3 times prior as a claimant years ago(not debt related) and took on big companies myself without a solicitor and won.
I simply knew I had a case and fought it hard using real words and no jargon.

Now you have explained that to me I can do this, I have asked for documents not once but twice now. I have the letter to say they have sent them(which they haven’t)and really that’s it. None of the rubbish they did send was even sent by a recorded method so as far as I’m concerned to court I have nothing.

Thankyou so much, I have acknowledged the claim online immediately and ticked I am defending everything. I believe this gives me 28 days from the court issue date and it is best to delay a little on response to not give Lowell’s any length of time to know what they’re dealing with and how I’m fighting back.

I will send the CCA recorded delivery on Monday and start what is really a basic straight forward defence in my own words.

Dottydoolay

So it continues, can I ask please when I acknowledged the claim and said I was going to defend it via the online system are Lowell’s aware I have now done this? 

I ask because today I have received yet another letter from them typical style of red writing and jargon as before. It’s telling me they have put a CCJ claim in(yes I already know that) what the amount is and if I can’t pay that full amount in one payment via the courts  I must contact one of their friendly advisors immediately to arrange a payment plan or log in online to set one up. They can’t help me if I don’t engage with them. It also points out a CCJ would be on my records for 6 years(again I already know that) 

Out of curiosity I even looked at the online thing the day I received the court info the account was locked with no payment or contact options and just said they had applied for a CCJ.

So they put a claim forward then now decide to give options again it makes no sense. What angers me the most is the clear as day lies of the court would make me pay it all in one payment as I know that wouldn’t happen as I can’t afford it.

Im thinking a letter full of misinformation will be handy to have now anyway working on my defence. 

Thankyou 

SusieT

Dottydoolay said:

So it continues, can I ask please when I acknowledged the claim and said I was going to defend it via the online system are Lowell’s aware I have now done this? 

I ask because today I have received yet another letter from them typical style of red writing and jargon as before. It’s telling me they have put a CCJ claim in(yes I already know that) what the amount is and if I can’t pay that full amount in one payment via the courts  I must contact one of their friendly advisors immediately to arrange a payment plan or log in online to set one up. They can’t help me if I don’t engage with them. It also points out a CCJ would be on my records for 6 years(again I already know that) 

Out of curiosity I even looked at the online thing the day I received the court info the account was locked with no payment or contact options and just said they had applied for a CCJ.

So they put a claim forward then now decide to give options again it makes no sense. What angers me the most is the clear as day lies of the court would make me pay it all in one payment as I know that wouldn’t happen as I can’t afford it.

Im thinking a letter full of misinformation will be handy to have now anyway working on my defence. 

Thankyou 

Its another of their "scary big red font" letters, they want the receiver to be afraid of court and the thought of having to pay it all in 1 go, therefore they will get in touch and pay probably more than they can actually afford to avoid the thought of going to court.
What they should say is that IF the courts find in their favour, you will send the court the I&E and the court would decide how much you should pay. That does not scare people enough though!
Good luck with the defence, it sounds as if they will be on the back foot in your case

Dottydoolay

Thankyou, apologies for not quoting you I can’t even work out how to do that.

I just saw the letter and honestly thought aww what do they want now. Yes as before the court thing did scare me but I have got my fighting hat back.

This recent communication has done nothing but angered me to fight more. Their letter is dated 2 days after I logged my reply to the courts online and this letter is just absolute threatening and lying tosh. Why threaten me with courts for I don’t know how long then finally do it then backtrack with friendly advisors and payment plans again. To be so friendly and helpful why not just send me the proper paperwork in the first place.. they’re idiots! 

The back of this letter is completely covered with every way known to man listings of ways to pay them.. that bits the only bit that is new. 

sourcrates

Its all just part of the game Lowell play with you, the bottom line is they want your money, and they will do and say whatever it takes to persuade you to part with it, sooner, rather than later.

They rely on two things here, your lack of knowledge of the court system, and that you cave in to there onslaught of letters.

Where these debt purchasing companies are concerned, its all a numbers game to them, the same old string of scary red font letters get sent to everyone in this current position, the hope is the majority will pay up quickly, if they can get 50/60% of folk to do so, there in the money.

As said above, with any "forthwith" CCJ, you can apply to the court for an instalment order, so you pay, based on your budget, even as little as £1 a week, a court won`t make you pay more than is affordable, even if you can`t pay anything, the court will not make an order under those circumstances.

Lowell and others, don`t want you to know any of that, the court, often used as a threat, is actually there for both theirs and your protection.

donnamariebaldwin

I have just received a letter from overtakes stating I need to correspond with them to arrange payment blah blah and had Lowell portfolio on it for £400 odd pound. Should I just ignore it? It is saying they will apply to court for bailiff if I d xx not comply blah blah 

fatbelly

donnamariebaldwin said:

I have just received a letter from overtakes stating I need to correspond with them to arrange payment blah blah and had Lowell portfolio on it for £400 odd pound. Should I just ignore it? It is saying they will apply to court for bailiff if I d xx not comply blah blah 

The general rule is that if they write, you respond.

If they send a pre-action protocol letter (reply form, 30-day limit) then you must reply to that.

For now, I'd send a prove-it

https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter

Dottydoolay

Hi everyone I just thought I would update on my saga as everyone was so kind to keep me on track and give my head a shake for a very long time in the first place.

Well the saga continues.. I’m currently about to put in the agree to mediation paperwork in to the courts stipulating the failure to provide the CCA request information though. Lowells have requested mediation!

The absolute tosh continues with the same pile of nonsense paperwork being delivered once again in response to my defence and official requests for information. Better still they have lied saying that they have enclosed a list of documents that they haven’t sent at all.

I have however received what I initially thought was one legit credit agreement for the newest and least valued account. On closer inspection the document is dated 6 months after they say I opened the account on the claim though/incorrect company name for the claim.

They are certainly dragging me through the mill with this one!