Overdales – Everything You Need to Know 2022
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Has an Overdales debt letter landed on your doormat? We help you understand who Overdales Solicitors are and what they can and can’t do. Most importantly, we discuss whether you should pay them or not.
Don’t worry, here’s what to do!
There are several debt solutions in the UK that can be used to improve your finances. Choosing the right way to tackle your debt could save you time and money, but the wrong one could cause even more harm.
It’s always best to find out about all your options from a professional before you take action.
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What is Overdales Legal?
Overdales Legal Limited is a law firm specialising in debt collection. They’re also known as Overdales Solicitors and Overdales Debt Recovery. Until March 2021, they were known as Lucas Credit Services Limited.
The company is based in Leeds and authorised and regulated by the Financial Conduct Authority and the Solicitors Regulation Authority.
Their debt collection services start with pre-litigation tracing and communications, which usually involve payment requests and legal threats if the supposed debtor doesn’t pay. They can also advise and represent their clients if they do decide to take legal action against the debtor.
Lastly, they can help arrange debt enforcement if their client wins in court, such as organising bailiffs. They aren’t bailiffs themselves and cannot claim to take your items to pay off your arrears.
Who is the CEO of Overdales Solicitors?
Overdales Solicitors has three directors, namely James Riley, Elaine Robinson and Fiona Claire Barker.
Who do Overdales Solicitors work for?
Overdales Solicitors offer debt recovery services to all types of businesses without exception. They can work for clients in industries like finance, energy, telecommunications and more. There is evidence online that they help chase unpaid mobile contract arrears. See here:
“Really hoping someone can help me with a letter I received this morning. I had a debt with EE that I was unable to pay and made this clear to them at the offset, they then closed my account […] this morning I received a letter stating that they had passed the debt to Overdales Legal Limited.”
- Fridgey (Money Saving Expert Forum)
“I received a county court claim in May 2021 from Overdales solicitors for money owed to Vodafone, I have never had a Vodafone contract before.”
- DXE1 (Legal Beagles Forum)
Have you received an Overdales debt letter?
Overdales may try to contact you in different ways. They use whatever contact information they have. But remember, they can never discuss a supposed debt with another person, especially family, friends or an employer.
One of the most crucial forms of communication is in writing. This is because Overdales Legal can send debt letters that are in fact Letters Before Action (LBA). An LBA is a letter stating you must pay the debt by a deadline or you could be taken to court, which may incur additional fees.
Will I be taken to court for an Overdales debt?
Overdales Solicitors will discuss the potential for court action with their client, and the client is the one who will decide whether they want to take you to court or not. However, even if the client doesn’t have an appetite for litigation, Overdales may still threaten court action.
This is a nasty tactic that is frequently used in the debt collection industry. Even though they’re not supposed to make legal threats without the real possibility of it happening, Overdales could make these threats to scare you into paying.
But as there’s no way of knowing if legal threats are a tactic or genuine, it’s best to be cautious and assume you will be taken to court.
Do I have to pay my Overdales debt?
However, you don’t have to pay an Overdales debt just because you received a scary letter. You might end up having to pay if you do in fact owe the money to their client. But there is something you can do to get you off the hook or simply buy yourself some time.
Additionally, there’s a legal loophole that could mean you definitely don’t have to pay. Stay tuned until the end of our post to learn more about this!
Ask Overdales to prove you owe the debt
To potentially avoid having to pay, you should ask Overdales Legal to prove you owe the money they’re asking you to pay. You can do this by replying to their LBA with a prove-the-debt letter.
Your reply should firmly ask for proof you owe the money and state you won’t be willing to pay until they supply the proof. They’re obligated to do this, and the proof should be a copy of a signed agreement when possible.
This is also a good way to reply if you think there has been a mistake or they have contacted the wrong person. Because they’ll soon realise this once they ask their client to dig out the proof of the debt.
What if Overdales don’t reply?
You’re not obligated to pay the supposed debt until Overdales Solicitors send you proof that you owe the money. If they don’t reply or don’t supply the proof, you might want to ignore their letters. And if they continue to legal action against you, you should tell the judge that your request for proof was ignored. You should keep copies of your prove-the-debt letters for this reason.
What if Overdales Legal prove I owe the money?
If Overdales Legal does prove you owe the debt, you should consider paying to avoid legal action. You may be able to agree on a payment plan if the amount owed is significant or would cause financial instability.
It’s risky to assume they won’t take legal action and you won’t need to pay. But it’s not impossible that you could get away with not paying.
Another loophole you could use!
Before you request proof of the debt you need to check if the debt is still enforceable. Some older debts cannot go to court, and as such, a judge can never order you to pay. This is called a statute-barred debt and is definitely worth investigating if Overdales is chasing you for payment on old account arrears.
Your rights when facing debt collection companies
Push back against Overdale Debt Collection by exercising your rights. We’ve discussed everything you need to know about dealing with debt collectors. Equip yourself with the correct knowledge to push back effectively.