Overdales Solicitors: Debt Letters, Claims and Your Options

Are you concerned about a letter from Overdales Solicitors? We know that it can be confusing when a debt comes from nowhere. You might be asking yourself if you should pay or if this is even real. And what if you can’t afford to pay?

You’re not alone. Every month, more than 170,000 people visit our website for debt advice.

In this article, we’ll explain:

•  Who Overdales Solicitors are and who they work for.
•  What to do if you get a debt letter from Overdales.
•  How to ask Overdales to prove that you owe the debt.
•  What to do if Overdales doesn’t reply or proves you owe money.
•  How to talk to Overdales and understand the law about not paying.

Our team knows how you feel, as some of us have been chased by debt collectors too. Research shows that nearly half of the individuals who deal with debt collection agencies have experienced harassment or aggression¹. But don’t worry; we’re here to help you figure things out.

Have You Received an Overdales Debt Letter?

Collectors must handle personal information lawfully and should not disclose a debt unnecessarily to unrelated people. Contact with an authorised adviser, a joint debtor or someone entitled to act for you is different. Raise suspected misuse of personal information with the firm and, if unresolved, the Information Commissioner’s Office.

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. 

An ordinary collection request does not give the sender a right to force entry or seize goods. Regulated collectors must use reasonable contact methods and protect account information; authorised representatives, joint debtors and lawful court enforcement require separate consideration.

Do You Have to Pay the Debt?

Verify the account, creditor and balance before deciding how to respond. You may have a genuine dispute or need an affordable payment arrangement; neither should be approached as a tactic to delay court deadlines.

Ask them to prove you owe the debt

If you dispute the debt or need documents, explain the issue and request the relevant evidence. For a letter of claim, use the reply form and follow the stated procedure.

Keep a copy of your reply and ask for an itemised balance, account terms and the basis of the creditor’s claim. Do not assume a generic letter creates a blanket right to ignore payment demands.

If you dispute the debt, explain why and ask for an itemised balance and evidence of liability. For recovery covered by FCA consumer-credit rules, a valid or potentially valid dispute must be investigated and recovery paused. A generic proof request does not cancel the debt, override an existing court order or extend a court deadline. Statutory consumer-credit information requests have separate requirements and do not apply to every debt.

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. 

StepChange found that two-thirds of people in debt have experienced some level of bad practice from a debt collector in the last two years², so it’s important to confirm that the debt is actually yours.

What if they 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.

Do not rely on the possibility that the creditor will choose not to sue. Check your options and respond to formal documents on time.

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What if there’s no reply?

If no adequate response arrives, follow up and obtain advice. Do not ignore subsequent court papers: an unanswered proof request does not automatically cancel the debt, extend a response deadline or win a defence.

You should keep copies of your prove-the-debt letters for this reason. 

Can You negotiate with Overdales?

If Overdales can prove that you owe the debt, you really should pay them. But that doesn’t mean you have to pay them in one lump sum if you can’t afford it!

You might be able to use a standard Overdales repayment plan, or you could negotiate and organise your own repayment structure.

Before you think about a repayment plan, you need to look at your finances and calculate what you can reasonably afford to pay.

Now you know the upper limit on what you can repay on a monthly basis. Knowing your budget also means that you will be able to work out what your best option is:

• Lump sum payment: If you have the money on hand, paying off your debt in one go will get Overdales off your back quickly.
• Smaller payments: If you can’t afford to pay the original debt payment, you can ask Overdales to accept smaller payments over a longer period of time.
• Wipe off some debt: If you are in dire financial circumstances, you may be able to negotiate a smaller debt amount. This means Overdales agrees to wipe out part of your debt and you pay what is left. You may be able to pay the remaining balance either in one go or in instalments. You can download our “write off my debt” letter template if you need help crafting the request.

Make sure you get any agreement in writing before you make any payments! This makes it much more difficult for Overdales or your creditor to accuse you of not fulfilling your agreement.

What are the legal implications of not paying?

Evidence of an account helps establish the claim, but you may still dispute the amount, identity, enforceability or limitation. If the debt is due, consider an affordable arrangement or independent advice about other solutions.

In England and Wales, many ordinary contractual debts have a six-year limitation period from when the creditor can first sue. A payment or relevant written acknowledgment before expiry can restart it, and a claim issued in time or an existing judgment changes the position. Age alone does not prove a debt is statute barred. Scotland has different prescription rules; get advice before paying or acknowledging an old disputed debt, and respond to court papers on time.

Limitation does not run for six years from a proof request, and an issued claim or existing judgment can change the position. Tax and other special debts have different rules.

If you don’t pay then Overdales can take you to court.

Before a business brings a claim against an individual, the Debt Claims Protocol will normally require a letter of claim and response period. Check whether the letter includes the prescribed information and reply form.

A Consumer Credit Act default notice is different from a letter of claim. Where required, it must give at least 14 days after service to remedy a breach before specified action; a protocol letter of claim normally allows 30 days to reply.

Remedying a valid default notice in time prevents reliance on that breach for the specified action, but it is not a universal rule that any payment within 14 days stops every possible claim.

If a claim is issued, respond by its deadline. You normally have 14 days after service of the particulars of claim to respond, or 28 days to file a defence if you acknowledge service in time. A CCJ is not automatic; default judgment is a risk if you do not respond.

If judgment is entered, comply with its payment terms or seek prompt advice about an application to vary, suspend enforcement or set it aside where there are grounds. Simply contacting the solicitors does not change the order.

If a judgment remains unpaid, the creditor may apply for an authorised enforcement method. A High Court enforcement officer can act only where the judgment is eligible and a writ has been issued; entry and exempt-goods rules still apply.

A County Court judgment for less than £600 cannot generally be transferred for High Court enforcement. Judgments arising from Consumer Credit Act regulated agreements cannot be enforced through the High Court by a writ of control. The relevant test is whether the agreement is regulated, not merely the product label.

Will You be taken to court for an Overdales debt?

Overdales acts for clients in debt recovery and litigation. The creditor decides whether to pursue a claim, subject to the applicable law and procedure.

A solicitor must not make misleading threats or misstate the available legal action. Keep evidence of any concern and use the appropriate complaint route.

Raise the complaint with the firm first. You can report serious professional misconduct by a solicitor to the Solicitors Regulation Authority, but it cannot decide the underlying debt dispute or stop a court case. The Legal Ombudsman generally deals with service complaints from eligible clients, not complaints about an opponent’s solicitor. Financial Ombudsman eligibility depends on the activity and complainant.

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Overdales Contact Details

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. 

References

1. InDebted Debt Collectors Survey.
2. StepChange Creditor and Debt Collector Conduct, July 2016.