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goldeneye22

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  1. Interestingly enough, Lowell and Overdales have been calling my phone multiple times a day since Tuesday, Had to add them to my phones block list eventually.
  2. Thanks, I'll get on to reading some threads soon. Yes, latest on MCOL shows nothing since my defence filing
  3. Received a letter from Overdales regarding the DQ form, so mine should be arriving shortly. They've ticked yes for mediation. I will tick yes to mediation when my form arrives.
  4. I see! so I guess I just have to wait for things to play out then. Then use the default notice as part of my defence I assume?
  5. Interesting, so would Lowell have to prove that I actually received the letter on the stated date or is there some law that states you need to allow time for postage when sending a default notice? I'm doing some research of my own during my lunch break, but can only see that its 14 days and that is it.
  6. Oh really? Looking at the original default, the dated letter from PayPal is 25/03/2019 and the pay by date is 08/04/2019 That looks like 14 days to me? or is there something else I am missing.
  7. Sorry, what does that mean for the Default Notice to be non complaint?
  8. Afternoon. I'm back home now so will be handling everything myself again. Is there anything else I need to be doing at this stage? or simply wait for them to comply with the CPR 31:14 letter?
  9. Hello, so my cousin has informed me that Overdales responded to my CCA request and sent a pretty big envelope with documents this morning. I asked him to have a quick look at it and he said they mentioned both the CCA request and my defence. They provided a copy of the agreement that was signed electronically, which he says was signed under PayPal Europe. Default notice, Notice of Sums in Arrears and a statement of the account. They also offered a "settlement" of £650 up front or two £330 payments or any reasonable proposal I wish to make. They would like to discuss this within 14 days of the date of the letter. My cousin has a link to this thread and I have given him my login details, so if you wish to know anything else that is on the letters they sent, he can quote word for word what is on there and/or upload anything you wish to see. I wasn't able to send off the CPR 31:14 due to running late, but my cousin will be sending it off for me on Thursday or Friday. He did mention that there were two PayPal agreements sent, both of which are almost identical and 14 pages long each. Only difference being one is for when the APR was 17% and the second is when they increased the APR to 19% The compression tool butchered some of the text but hopefully it is still legible enough. The T&Cs really ballooned the size of this. Logging off now. cca return6.pdf
  10. Thank you both for the guidance on the claim and amendment of my defence. I will submit it tomorrow morning
  11. The agreement details weren't included in the data I got from PayPal. It simply states that my financial credit application was successful and that the product I got was called "PP_UK_PPC". Not a single document showing what the agreement was that I signed up for. I am not even sure if it is actually a full on SAR that I received. I simply used PayPal's on site process to request the data they held for me. I received phone numbers, bank account details, email address, addresses tied to the account but absolutely nothing about PayPal Credit besides "PP_UK_PPC". PayPal Europe shows up as the data controller, with a UK based office. But again that information isn't specific to my account. Even logged out, PayPal Europe shows up I will get a CPR 31:14 sent out tomorrow. In the mean time, what should I do regarding the defence? I won't be at home for the next two weeks so would really like to submit it tomorrow as I leave for Wales by 3pm tomorrow
  12. Overdales did send a letter of claim 30 odd days before sending a claimform. No, never sent a CPR31:14 There has been some back and forth in this thread as to whether my PayPal Credit agreement was PayPal UK or PayPal EU. It was before Brexit that is for certain
  13. Looking at posting my defence tomorrow due to being away with a terminally ill friend over the next couple of weeks so looking to get this section out of the way. How does this look for a defence? Particulars of Claim for reference What is the claim for – the reason they have issued the claim? 1 The claim is for the sum of £581.63 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of XXXXXXX 2.The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act which has not been complied with. 3.The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. 4.The claim includes statutory interest under S.69 of the Country Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £26.13 The claimant claims the sum of £607.76 Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have had financial dealings with PayPal in the past but cannot recollect the account number referred to by the Claimant. 2. Paragraph 2 is denied. I am not aware of service of a Default Notice by the original creditor the Claimant refers to within its particulars of claim. 3. Paragraph 3 is noted. On the 25/04/2022 I requested information related to this claim by way of a Section 78 request, which was received and signed for by the claimant on 27/04/2022. As of today, the Claimant has failed to respond to this request, and therefore remains in default of the section 78 request and therefore unable to enforce any alleged agreement until its compliance. 4. Therefore it is denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement and: (b) Show the nature of the breach and evidence by way of a Default Notice Pursuant to s.87(1) of the Consumer Credit Act 1974. 5. As per Civil Procedure 16.5 it is expected that the Claimant prove the allegation that the money is owed. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.
  14. Soz about the long time not updating. Came home to find a fire had happened in our house, so that has taken priority since. Between now and my last post, my PayPal debt that Lowell bought was passed to Overdales who first sent a letter that they would be acting on behalf of Lowell, and then a letter threatening a claim form being issued if I did not get in contact with them within 30 days. That claim form was issued on Monday 18th. My CCA Request letter sent by recorded delivery was "lost" by royal mail, so that's great, will deal with the compensation for that later. Will resend the CCA Request on Monday to Overdales. Will acknowledge the debt on MCOL and make an account later today. Which Court have you received the claim from ? County Court Business Centre Northampton NN1 Name of the Claimant ? Lowell Portfolio I LTD Date of issue – 18th April 2022 Particulars of Claim What is the claim for – the reason they have issued the claim? 1 The claim is for the sum of £581.63 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of XXXXXXX 2.The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act which has not been complied with. 3.The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. 4.The claim includes statutory interest under S.69 of the Country Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £26.13 The claimant claims the sum of £607.76 What is the total value of the claim? £747.76 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal Credit When did you enter into the original agreement before or after April 2007 ? after Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? Can't recall Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? couldn't afford payments due to working less hours What was the date of your last payment? Early 2019, before account became defaulted Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
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