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    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  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 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County 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 £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 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? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  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, shows as defaulted.  Registered when it was bought by Lowell 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? Cant find a letter that say so Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Not sure Why did you cease payments? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 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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Mbna collections warning


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I've had a phone call today from mbna chasing up payments on a credit card debt I am behind on. They are saying that if I don't make a £200 payment tonight they will pass my account onto collections.

 

Sorry to be naive but what are the consequences of this as I will struggle to make so much of a payment?

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I wouldn't worry too much about their demands, only you can say how much you can reasonably afford, so any demand from them is going to be heavilly biased in favour of them getting as much as they can. many people only make a token payment of £1 per month because that's all they can afford due to changes in their circumstances. The courts don't make them pay any more than that, so why should anyone else.

 

When did you take out the credit card?

What is the current balance?

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And are there are a lot of charges on the account? MBNA usually like to shovel these on.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thank you so much for the very quick replies guys. I must admit this shook me today but you have reassured me so much. The debt is approx 13k and was taken out about 5 years ago, I have paid the minimum ever since but haven't been able to for a few months. I asked for my cc after looking at this forum but unfortunately they sent a copy of it to me.

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Thank you so much for the very quick replies guys. I must admit this shook me today but you have reassured me so much. The debt is approx 13k and was taken out about 5 years ago, I have paid the minimum ever since but haven't been able to for a few months. I asked for my cc after looking at this forum but unfortunately they sent a copy of it to me.

 

Shaaarn,

 

How do you know the CCA is enforceable. I thought most of mine were until I came on this site and people said it was not.

 

Perhaps scan the "agreement" on so the experts can take a look, it's worth it.

 

Hammyhound

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I know this goes against what people say but I phoned mbna and told them I wouldn't be paying. They firstly extended the deadline to today and then explained they would be shut down if they held onto the debt any longer than that.

I asked what happens next and it was explained that it would be sold to a DCA ands that I should have contact within a week. I was told I can phone back later on in the week to find out who the DCA is.

 

How do I find out how much it was sold for?

Should I cc the newly appointed dca?

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hello shaaarn

 

im in battle with mbna too, in your last post i can relate to what you are saying and i can laugh out loud at their responce, this is what i had too, and im still waiting, mind you diff your debt is much higher than mine so if they do this remains to be seen

 

i really can only emphasise from my own experience that now i do not talk with them, send them a harrasement letter earlier in the year as they were constantly calling passed me to thier nco rma collections teams, and i only respond in wirting when i feel appropiate, i now have fos complaints going

 

pls scan the cca for us all to view then good advice will follow

 

they are pushing you to pay, but if you can only afford your amount and you are happy in sending do so, but i would really get advice on the cca first from us to then see what your real options are

 

dont feel low its all good i promise things that ive learnt from here, im in awe and i cannot express my gratitude to all who have helped me -

 

take care for now and dont worry and i will pop over and view this thread later to see if you have scanned your agreement

 

ciao for now MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Thanks for the advice max good luck with your claim.

 

This morning I received a text from someone unknown offering 60% off but doesn't state what this is for? I eventually realized the text no. is very similar to mbna's.

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hiya shaaarn

 

i can only say to you to keep reading all the threads about mban and their antics you will see for yourself what happens,

 

that also is just so predictable from them or their chasers, and once you look into accepting say their offer, it will come with strings attached, so pls beware

 

there are ways to do a full and final settlement and to do it right if thats what you wish to happen in the future

 

for now lets see the cca and then take it from there

 

keep happy ciao for now MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Ignore the text, keep it as they are not supposed to be doing this, and complain to your local trading standards, they have breached the Consumer Credit regulations and are clutching at straws.

 

If you get any more letters there is a letter in the templates which basically says ... I CCAd you, you failed to produce legible docs, disappear.

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