Do I Have to Pay Overdales Debt? CCJ Warning

Are you asking, ‘do I have to pay Overdales debt or can I get out of paying’? If so, this post is for you and many others who receive a letter threatening legal action from Overdales!

Check out the paragraphs below to find out whether you should respond to the letter, ignore it or pay Overdales straight away!

Do you have to pay Overdales?

You might not have to pay Overdales.

If you genuinely can’t afford your debt repayments then looking into whether you could have your written off might be just what you need. 

If you want to find out whether you qualify for having debt written off or payments lowered then fill out the short form below.

Who is Overdales?

Overdales is a ‘specialist’ law firm that provides litigation and debt recovery services to its clients.

The company trades under several names:

• Overdales SolicitorsOverdales Debt Recovery
• Lucas Credit Services Limited (they stopped using this name in 2021)

Overdales provides its clients with ‘pre-litigation’ tracking. So, when they contact you over an alleged debt, the letters typically include threats of legal action! They could advise a client to start legal proceedings against you.

Plus, Overdales may assist in arranging debt enforcement when a case is won in court. It could mean court-appointed enforcement agents (bailiffs) being instructed to visit your home.

Overdales themselves don’t have the same powers as bailiffs and can’t pretend they do!

Is Overdales a legitimate company?

Yes. Overdales is a legitimate company that’s based in Leeds. Being a law firm and debt recovery business, Overdales is regulated by the Solicitors Regulation Authority (SRA) and the Financial Conduct Authority (FCA).

Can you lower your repayments?

If you’re struggling to pay back your debt, then you might qualify for a debt solution.

Some solutions lower your monthly payments while others write off a portion of your debt. 

To find out whether they could work in your situation, hit the button below.

Get Started

Who uses Overdales’ debt collection services?

Overdale’s client list includes energy providers, financial organisations, and many other businesses. So, when you get a letter from the debt collector, it could be because one of the clients instructed them to recover the amount owed.

How should you deal with an Overdales debt letter?

You could receive a letter from Overdales, or they could contact you by phone. If all else fails, a representative could show up at your door!

Chances are you got a Letter Before Action (LBA) from Overdales which you shouldn’t ignore!

Instead, check the details in the LBA are correct and that they are yours! Then check how old the debt happens to be. If a debt is at least 6 years old, it could be statute barred and therefore unenforceable.

However, if the debt is current, write to Overdales asking them to ‘prove’ the debt is yours. Make sure you send the letter to the debt collector by registered post and keep a copy for your records!

Don’t admit, agree, sign or pay anything to Overdales until they reply to you in writing!

What happens if the debt is too old to enforce?

A debt that’s at least six years old is deemed statute barred and therefore, it can be enforced. Courts won’t hear cases that involve older debts and you can’t be given a CCJ for not paying!

Check out what one person was chased for by Overdales:

Source: Moneysavingexpert

But the following criteria must be met for debts to be unenforceable:

• You had no contact with the creditor or paid anything toward the debt in the last six years
• You didn’t admit owing the money in the last six years and neither did a representative or yours
• There isn’t a current CCJ registered against you over the debt

Can you ask Overdales to prove the debt is yours?

Yes. You have every right to ask Overdales to prove the debt belongs to you! Even if you think you may owe money, ask the debt collector to prove it anyway.

Overdales can simply tell you over the phone or in person that you owe the money. They must provide written proof and if it’s a copy of a contract/agreement, the copy must be authenticated!

What happens when Overdales can’t prove the debt?

You may not have to pay if Overdales can’t prove the debt is yours. A debt collector can’t simply say they know it’s yours. Without authenticated proof, they can’t make you pay and debt collectors can’t continue chasing you.

You can complain to Overdales if they continue to pursue you over something they can’t prove is yours. Next, you can lodge a complaint with the Financial Ombudsman Service (FSO).

Will Overdales start court proceedings?

Overdales won’t take you to court, but the law firm could advise their client that it’s worth starting legal proceedings. Ultimately, it’s the original creditor’s decision but with a law firm behind them, they just might!

Moreover, Overdales shouldn’t threaten legal action if they have no intention of taking you to court!

What can Overdales legally do?

There are actions a debt collector may take and some which are against the law and their Code of Practice.

A debt collector may:

• Contact you over a debt you allegedly owe. Whether by phone, text, email or in person if all other methods fail
• Talk to you about a debt you allegedly owe but they must remain polite and understanding
• Ask that you pay them directly instead of paying the original creditor

A debt collector cannot do:

• Talk about your alleged debt with your family members, friends, neighbours or employer. This would breach the UK’s privacy laws
• Pretend they are enforcement officers (bailiffs) which is a criminal offence
• Clamp your vehicle
• Seize your possessions
• Encourage you to take out a loan to pay an alleged debt
• Use confusing legal jargon
• Show you documents that appear to be court-issued when they are not
• Visit you at your place of work
• Threaten or harass you with constant calls

Can you stop Overdales from contacting you?

No. But you can tell them when and how they can contact you. In short, you should write to Overdales dictating when they can call you and how you want to be contacted.

Debt collectors must respect your request and when they don’t, their actions could be seen as harassment. It’s against the law!

Should you pay Overdales?

No. Not before Overdales has proved the debt is yours to pay and that it’s not statute-barred.

That said, you may have to pay if Overdales successfully proves you owe the money! In this case, seek advice from an independent debt adviser.

Don’t admit, agree, sign or pay anything to Overdales until they do!

However, seek advice sooner rather than later or Overdales may advise their client to begin legal action. Debt collectors must allow you enough time to seek advice and consider your options.

They can’t force you to pay without first proving the debt. Nor can they refuse to allow you the time to discuss your situation with a debt charity or a specialist debt adviser!

How do you contact Overdales?

I’ve listed the contact details for Overdales here:

What debt help can you seek?

You should contact a debt charity for free impartial advice when you need to. Or you could seek advice from an independent debt adviser. But you’d have to pay for their advice if you do.

I’ve listed some debt charities here:

• Money Advice Service
• National Debtline 
• Citizens Advice
• Step Change Debt Charity

“It will only get worse” 😩

It’s cliché to say, but with debt it’s true; the longer you leave it, the worse the problem gets. 

There are straightforward and effective ways to deal with debt, but you have to know your options. 

Fill out the short form to find out about the debt solutions that could reduce your monthly payments or even write off some of your debt.

Get Started

Lastly, do I have to pay Overdales debt or not?

You may have to pay Overdales if the debt collector can prove the debt belongs to you. If they can’t, you would be held liable. That said, you may not have to pay if the debt is statute-barred as long as it meets the criteria.

You should never admit, agree, pay or sign anything until the debt is proven to be yours!

However, you should pay Overdales if the debt is yours and they prove it. Try to negotiate an affordable payment schedule with them.

If you ignore Overdales, the client may take you to court and win the case. You risk getting a CCJ on your credit file which will ruin your credit rating. You’ll find it harder or impossible to get a loan, further credit or a mortgage with a CCJ on your file!

Thanks for reading my post which I hope answers any questions about debt collectors. In particular, the question, ‘do I have to pay Overdales debt or not’.