Help with where to start with this mess

Tracker90

Tracker90 said:

I received this letter a couple of days ago.. is this another where I should respond now? It’s just they haven’t put any sort of date which I need to respond by?

also- last month I have arranged a living agreement through work where I am able to save more money towards an emergency fund which should help a lot. 

So regarding this I got a claim form issued 10th September but I don’t recall receiving anything after the above form. I’ve acknowledged the claim on MCOL. I’ve prepared a CCA request letter to be sent to Lowell’s, and a CPR request to be sent to Overdales with a copy of the CCA request letter included, these I will send tomorrow and get proof of postage. In the meantime, is there anything further I should do? Wouldn’t the 28 days be from 5 days after the issue date? (I saw on MCOL they state that service of the claim is 5 days after issue date?) .

Also - regarding another debt, I have received an email from Mortimer Clark solicitors and it is just link/button asking to view a message.. do I open this? Again,  I can’t recall receiving a notice of assignment to them for one of my debts?

I have also received a 50% discount offer from PRA for a CC debt.. not sure whether to just let this run and focus on the above two for now

fatbelly

Your dates are correct. You have 28+5 days from issue date to lodge a defence.Part of that will be that they did not follow preaction protocol

Tracker90

Thanks @fatbelly.

Regarding the PRA offer, would it be best to try negotiate further with them? Or just continue and let them send an LBA when they move it onto their solicitors and ask them for all the documents as normal? 50% seems quite good but it does lead me to question why they are going straight in with that offer. The Barclaycard account I opened I think back in 2014 or 2015, I wonder if they actually have any documentation for the account.

fatbelly

Again I think your instincts are right. If PRA are offering a 50% discount, they are probably not thinking of court action, and if they are happy with 50% then they probably bought it for a lot less.

I think you need to concentrate on defending the Lowell court claim.

Tracker90

Hello,

Regarding the Overdales one, I have since received a copy of the CCA, notice of arrears, notice of asssignment.. they seem pretty sure they have a strong case and all documentation and have today emailed the Claimants directions questionnaire. I did email them back a few days ago asking for further reasonable amount of time to seek further support and to read all documentation they sent over, which I am in the process of doing currently. What would be next from here? The thing is, my situation, financially, will be changing drastically for the worse in 2 weeks, I can’t afford to offer them anything other than maybe 10% (£300).. or even figure out a repayment plan. Is there something like a token payment system that can be put in place? But even then, I won’t be in the Uk by the end of the year so, what do I do?

Grumpelstiltskin

You do nothing until you are back in the UK

fatbelly

There's going to be a hearing, because you defended the claim.

The dq asks for dates you are available, so fill that in. I dont think these things are arranged very quickly so you are looking at the New Year anyway.

They didn't follow protocol. Is the CCA original and legible? Any other angle?

Continue to kick up a fuss. If you get a ccj at the end of the process, it's just another debt.

Tracker90

Grumpelstiltskin said:

You do nothing until you are back in the UK

What if this is.. 5/6/7 years from now? Even then, only for visiting family in the Uk?

Tracker90

fatbelly said:

There's going to be a hearing, because you defended the claim.

The dq asks for dates you are available, so fill that in. I dont think these things are arranged very quickly so you are looking at the New Year anyway.

They didn't follow protocol. Is the CCA original and legible? Any other angle?

Continue to kick up a fuss. If you get a ccj at the end of the process, it's just another debt.

So should I keep corresponding with Overdales regarding this? I can complete that dq, I mean I guess they don’t expect me to say any dates that I couldn’t be available if they are requesting MS teams hearing.. and i assume in the hearing it’s to try settle this out of court? Is there such a thing as offering token payments.. not sure if that would be necessary. Im not too bothered about my credit score as I don’t plan to take any more credit in the future in the Uk, including mortgage, anyway. The original creditors probably recouped a lot of profit from my cards anyway as I was paying mínimums for years.. 

I’ll check the CCA again, this was a loan I took out before I got married in 2015, then I added to it in 2019/20 I believe. But yes, i don’t recall receiving the notice of assignment to Lowell’s or furthermore, Overdales starting to chase for them. Maybe I can argue that they haven’t followed protocol during the process..

fatbelly

You can opt for mediation. That's your out of court negotiation. Waste of time in my opinion.

The hearing is the court hearing, and I always recommend asking for it face to face.

If you are genuinely resident abroad now, none of this matters so much. I don't think I picked that up earlier.