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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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My natwest/shoosmiths thread


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Hi all

This is my partners debt but i am handling it for her.

My partner defaulted on a £25k debt to natwest on 18/11/06

She came to a agreement with them to pay it off, wich she was without ever missing a payment.

When on 01/02/08 they passed the debt onto shoosmiths, she carried on paying without ever being late,missing payments etc.

On the 21/07/08 shoosmiths sucessfully got a charging order on our house.

It has been 16 days now since we sent shoosmiths a ca request and we have heard nothing back(my partner called them and they said they had received our request and were looking into it).

Are we chasing a dead duck here ?

If the ca proves to be unenforceable can we have the charging order removed eventually or is it too late ?

Also there is the small matter of the £4k ppi she was sold with the loan ?

I dont want to push it too much with shoosmiths as im not sure where we stand at the moment.

Any advice gratefully received.

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I'm fed up with hearing about creditors which enter into agreement with their customers and then go on to take action against the customer even though the customer carried out their side of the agreement without any problem.

 

I think that it is profoundly unfair and it goes on too often.

 

How did the debt arise?

 

Was interest frozen or does it continue to be added?

Does the rate of payment reduce the debt?

 

When they applied for the charging order, didn't you defend on the basis of your agreement?

 

I don't think that you are chasing a dead duck. However, I can expect thatyou would have to continue payments and ask for the judgment to be set aside if they are unable to produce the CCA

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Makes you MAD doesn't it. :-x

 

4K of PPI, if you can get that taken off the balance, I would imagine be a massive chunk paid off of the debt!

 

This is why everyone should defend their case in court, I am guessing you never did, and this charging order was won by default?

 

This might be of use to you:

Debt Factsheets - Charging orders in the county court

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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By the way, do you say that the PPI is missold - and if so how? and do you have evidence?

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Any help on where to go from here ?

Its been 20 days since i sent them the ca request and nothing in writing back from them at all.

My Partner phoned them last week and they confirmed they had received it and were looking into it.

All the paperwork she can find regarding the loan is a thin duplicate ca with all the ammounts on, but no policy number for the ppi and no signatures on it at all.

Should i start by asking natwest for a sar?

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  • 2 weeks later...

hi

Am in the same position as you. Wasnt aware of law or this site at time and Shoosmiths got CO by same means as yours. Have sent SA request and am awaiting response. Shoosmiths took a long time to send DD or SO forms and delayed cashing my chqs etc. in fact just remembered didnt agree to SOuntil after CO. Judge was no help. Good luck. Will be in touch if I get any further;)

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  • 3 weeks later...

Well verbally shoosmiths say they are chasing the ca but will continue to take payments as a court order takes president.

We are going down the route of sending a sar to natwest as the local branch cannot find any details on it and we want to sort the ppi out first.

Could anybody point me in the right direction of a sar template letter, and should i be sending this to natwest head office or the local branch where it was taken out ?

 

Thanks in advance.

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