Overdales Solicitors Letter of Claim: How to Freeze Action for 30 Days (2026 Guide)

What Does an Overdales Solicitors Letter of Claim Mean?

If you have received an envelope from Overdales Solicitors Limited marked "Letter of Claim" or "Notice of Pending Legal Action", you are facing the formal litigation arm of Lowell Portfolio I Ltd and Lowell Portfolio II Ltd.

Overdales Solicitors (formerly trading as *Lowell Solicitors Limited*) is an SRA-regulated firm of solicitors used exclusively by the Lowell Group to escalate consumer debts into the County Court system. A Letter of Claim is not a routine collection reminder—it is the mandatory statutory warning shot issued under the Pre-Action Protocol for Debt Claims before Lowell issues a County Court Claim Form via the Civil National Business Centre (CNBC) in Northampton.

Overdales operates on the exact same automated bulk-litigation model as BW Legal and Mortimer Clarke Solicitors (used by Cabot Financial). In many cases, the underlying balance stems from subprime credit card accounts originally opened with Capital One, telecommunications providers (O2, Vodafone, EE), or mail-order catalogues that Lowell bought in bulk.

However, receiving this letter does not mean you have a CCJ, and it does not mean bailiffs are coming to your door. Under Civil Procedure Rules, you have a strict 30-day statutory window to respond, freeze proceedings, and force Overdales to produce the underlying legal documents they often do not possess.

The 30-Day Pre-Action Protocol Clock

graph TD
    A[Overdales Issues Letter of Claim] --> B[30-Day Pre-Action Protocol Window]
    B --> C{Your Response Within 30 Days}
    C -->|Complete Reply Form + Request Documents| D[Proceedings Frozen under CPR]
    C -->|Ignore Letter / Miss Deadline| E[County Court Claim Form Issued at Northampton]
    D --> F[Overdales Must Supply CCA Agreement & Statements]
    E --> G[Default CCJ Registered if undefended in 14 days]

Under the Pre-Action Protocol for Debt Claims (enforced across England and Wales):

1. Mandatory 30-Day Standstill: Overdales cannot file a court claim until at least 30 days have elapsed from the date on the Letter of Claim.

2. The Response Pack: The letter must include a standard Reply Form (Annex 1), an Information Sheet, and a Standard Financial Statement.

3. The Document Freeze: If you return the Reply Form within 30 days stating that you dispute the debt and requesting copies of documentation, Overdales must give you at least 30 days after they provide the documents before taking any further step toward court proceedings.

4 Strategic Steps to Defend Against Overdales

Step 1: Complete and Return the Reply Form (Annex 1)

Do not ignore the response pack. Complete Section 2 (Your Response to the Claim) of the Reply Form:

• Tick Box I ("I dispute the debt") or Box G ("I do not know whether I owe the debt").
• In Section 3 (Why do you dispute the debt?), state clearly:

• In Section 4 (Documentation), tick the box indicating you require copies of:
• The original signed credit agreement and terms.
• The statutory Default Notice served by the original creditor.
• The formal Notice of Assignment.
• An itemized statement of account showing all charges and payments.

Send this via Royal Mail Signed For or email directly to Overdales so you possess an immutable date-stamped receipt.

Step 2: Issue a Formal Section 77/78 CCA 1974 Request

Lowell routinely buys debts in bulk where original lenders have archived or lost signed agreements. Under Sections 77 (loans) and 78 (credit cards) of the Consumer Credit Act 1974:

• You are legally entitled to receive a true copy of your executed credit agreement and account statement upon payment of a £1 statutory fee (pay via Postal Order, never cheque).
• Overdales and Lowell have 12 working days to comply.
• Under Section 78(6), if they fail to supply this agreement within 12 working days, the debt is completely unenforceable in court. They cannot legally obtain a CCJ against you while in breach of Section 78.

Step 3: Audit for Statute-Barred Status (Limitation Act 1980)

Check the date of your very last payment or written acknowledgment of the debt:

• Under Section 5 of the Limitation Act 1980, if 6 continuous years (5 years in Scotland) have elapsed without a payment or written admission, the debt is statute-barred.
• Once a debt is statute-barred, Overdales cannot legally issue a court claim. If they knowingly pursue a statute-barred debt after notification, they are in direct breach of FCA CONC 7.15 rules.

Step 4: Check if a Default is Already on Your Credit File

If Lowell already registered a default on Experian, Equifax, or TransUnion:

• Audit the default date against the date of original account distress.
• Creditors must register defaults within 6 months of the original breach under Information Commissioner's Office (ICO) guidelines. If Lowell backdated or delayed the default date, you have grounds to demand complete deletion.

Frequently Asked Questions (Overdales Defence)

Overdales & Lowell Corporate Profile

Get the Pre-Action Response & Section 78 Dispute Templates

Stop worrying about drafting legal documents from scratch. The UK Credit Secrets System contains the complete set of pre-formatted, solicitor-audited Word templates inside your private members area:

• The Pre-Action Protocol Reply Form Pack: Exact wording to freeze Overdales litigation under CPR rules.
• Statutory Section 77/78 CCA Dispute Letter: Forces Lowell to produce the original executed agreement or forfeit court enforcement.
• Notice of Assignment Audit Notice: Challenges Lowell's title to sue under the Law of Property Act 1925.

Related Statutory Dispute & Litigator Guides

• BW Legal Debt Claim Form Defence & Fee Dispute Guide
• Cabot Financial Debt Dispute & Mortimer Clarke Defence
• Capital One Default Dispute & Section 78 CCA Protocol
• Remove CCJs From Your Credit File (Form N244 & Set Aside Guide)
• Remove Defaults From Your Credit File (Section 87 & UK GDPR Guide)
• How to Remove Incorrect Missed & Late Payments
• Lantern Debt Recovery & Gladstone Brookes Dispute Guide
• Wescot Credit Services Account Recall Guide
• Advantis Credit Debt Collection Dispute Guide
• NewDay (Marbles, Fluid, Bip & Aqua) Default Removal Guide