Overdales Solicitors - Letter of Claim, CCA reply

KeegsB

Hi All,

I recently received a letter of claim from Overdales Solicitors for two accounts ( they have combined the two )
I've sent them a CCA request and received their reply via email

We are currently managing two accounts under the reference number provided above. The details of the accounts are as follows:
Lowell Portfolio I Ltd reference: [removed] - Shop Direct(Littlewoods) account, balance: £1598.05

This account was opened on 30th March 2013. The last payment made was £48.08 on 21st June 2016 and total payments to the account were £1604.21.

Lowell Portfolio I Ltd reference: [removed] - Capital One account, balance: £902.93
This account was opened on 17th August 2012. The last payment made was £25.00 on 29th July 2016.

We have suspended your account for 21 days to enable you to go through the attached documentation

the documents they attached were statements of these accounts ( purchases, and payment dates ) which match the details above
they also attached the credit agreements

I have no knowledge of the first account ( shop direct ) - the name on the agreement is mine, and the address is one that I shared with two others for a short period in 2012, however the email address is not mine. there is no physical signature and the account was opened while I was living at a different address - I'm not sure what action to take for this.
( link to doc:  pdfhost.io/v/CwayU4okG_Account_1.pdf ) 

the second account I do recognise, however had thought the balance had been paid off by my ex, who had control of the card, so I believe I'm on the hook for that.
the Credit Agreement has my signature so I don't think I have any option but to pay.

both documents have the same address that I lived at in 2012 ( moved to a new address in December 2012 )

any help or advice would be greatly appreciated.

sourcrates

A signature is not required to make an agreement compliant, however, if the shop direct debt is not yours, then dispute the matter with Lowell, if it continues to court, use that as your defence.

Lowell have to prove the debt is yours, if you think it was down to an act of fraud, then say so.

The second one, as you say, looks as though you are liable for it, but they will be open to offers, however you must be quick if you take that route.

KeegsB

thanks for the quick reply.

I've never dealt with anything like this before, when you say they will be open to offers, do you mean a reduction in the total amount? or just payment offer over a period of time? 

I assume I don't just start to haggle over the phone?

sourcrates

Lowell are a debt purchasing company, one of the biggest in the business, they buy debts in bulk, for a fraction of their face value.

Now I am going to go out on a limb here, and say that they have probably been writing to you for quite a while, and for whatever reason (no judgement here) you have either not received the letters, or have chosen not to deal with the matter, which has now resulted in a court claim.

Your account remains suspended for 21 days, so you could use this time to make them either, an offer to settle in full, at a discount, or to pay by instalments if that is not possible.

By all means haggle over the phone, as long as anything that is agreed, is backed up in writing.

This action should result in the claim being stayed, or discontinued altogether.

The shop Direct debt you should continue to challenge, but do so in writing.