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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • zyghom
      Lowell/Overdales Claimform - Paypal Credit

      By zyghom · Posted

      Hi, I just wanted to update the post and ask some further advice  I sent the CCA and CPR request on the 14th May, to date I have had no reply to the CCA but I received a load of paperwork from the CPR request a few days ago. I need to file the defence today and from the information I have read the following seems to be what is required.  I would be grateful if some one could confirm suitability. Many thanks   Claim 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   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 17/5/2024 I requested information related to this claim by way of a Section 77 request, which was received and signed for by the claimant on 20/5/2024. As of today, the Claimant has failed to respond to this request, and therefore remains in default of the section 77 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. Paypal (Europe) S.A.R.L is out of the juristriction of English Courts. 6. As per Civil Procedure 16.5 it is expected that the Claimant prove the allegation that the money is owed. 7. 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.
    • Jaksmyboy
      IVA failure- Lowell Chasing Old CAp1 Card Debt

      By Jaksmyboy · Posted

      Thanks @dx100ukI followed the advice given on here... then it went very quiet!  The company was creditfix I think then transferred to Knightsbridge (or the other way around) The scammer independent advisor was Roger Wallis-having checked his LinkedIn profile just this morning, it does look like he's still scamming vulnerable people... I know I was stupid for taking his advice, but i do wonder how many others he has done this to over a longer period of time (it came as a  massive shock to him when our IVA suddenly failed). Lowell have our current address (and phone numbers if the rejected calls over the past couple of days is anything to go by!) No point trying the SB because of the correspondence in 2019? Thanks
    • mrscsmith
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      By mrscsmith · Posted

      I have received the following letter from BW Legal today.  Also includes form if I admit the debt and wanting my income details.  Do I reply to this LETTER OF CLAIM please?  Looks like they are ready for court now??  Thank You BW Legal - Letter of Claim.pdf

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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Hfo turnbulls court proceeding pls help!!

wunder

By wunder
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wunder

wunder

Posted
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Should I wait for the SAR/CPR request and see what strict proof they have?

 

Barclaycard did say they sent them copy statements this month. The copy statements look so home made though!

 

Many thanks

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
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There should at least be screen prints showing the payment posted to the account and the method of payment if it was a debit

card payment the last 4 digits of the 16 digit card number.

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wunder

wunder

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There is a long digit number starting with PB on the statements that's it. What do you advise? I will act upon your advice and wait for the access requests to see what information they have. I used to in the past make payments via Internet banking but the payments did not come from my maiden name account and I presume Barclaycard would not be at liberty to disclose account information if the surnames and addresses were different?

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BRIGADIER2JCS

BRIGADIER2JCS

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I take it there is no key to the abbreviations on the statement, could be PB is payment by,

is it a 16 digit number?

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BRIGADIER2JCS

BRIGADIER2JCS

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Yes but I've never paid by card on the account. So do not know what the digits relate to.

 

Is it a 16 digit no then it could be debit/credit card no. which can be traced to the issuer and card holder.

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DonkeyB

DonkeyB

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It is unlikely that Barclaycard have ‘created’ payments. It is most likely you were making these payments yourself, but you need to check your own bank statements and records to be sure.

 

The problem you now have is that you have entered a defence based on the account being SB, which it is not. You will now find that you may be liable for the other side’s costs if you apply to amend your defence.

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wunder

wunder

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Is it a 16 digit no then it could be debit/credit card no. which can be traced to the issuer and card holder.

 

But I never used a card to pay. I've sent the SAR, CCA and CPR requests to them today.

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wunder

wunder

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It is unlikely that Barclaycard have ‘created’ payments. It is most likely you were making these payments yourself, but you need to check your own bank statements and records to be sure.

 

The problem you now have is that you have entered a defence based on the account being SB, which it is not. You will now find that you may be liable for the other side’s costs if you apply to amend your defence.

 

What do you advise?

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DonkeyB

DonkeyB

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No, because you had time to wait for a response to a CPR request before putting in your defence – up to 28 days, in fact. The SAR is irrelevant to the court – all they are interested in is the outcome of CPR. You have created problems for yourself by jumping the gun and entering a single-strand defence which may be materially inaccurate.

 

IMO, your only course of action is to apply to the court to submit an amended defence, but again you may get saddled with their costs.

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DonkeyB

DonkeyB

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Courts do nothing with letters generally – a legal request usually needs to be on an N244 with the appropriate fee.

 

The CPR request is to some extent now redundant unless you get permission to file an amended defence, as you have already entered a defence, and Turnbull/HFO will have probably received a copy. You’ve done it ar*eways up, to be honest. If you had come here first, we would have outlined all the issues you could have raised in defence. These PoCs are a load of tosh and fairly easy to see off.

 

However, you did not know at the time you filed the defence that the assignment from HFO Capital Ltd (Cayman) to HFO Capital Ltd (Ireland) was possibly illegal and possibly therefore void. This is the area you must work on in amending your defence, as the facts are a matter of public record with the OFT.

 

The job now is to extricate yourself...

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If it was me I would make an application to strike out the claim, with any new info.Once you make the application, it will be transferred to your local court, they will submit a late WS to strike out your defence, what you will need is a WS of your own, highlighting certain issues.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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This option has its own risks, this is the action I took after submitting my defence, HFO submitted a late WS and I lost, knowing what I know now I would have won, but I did not give in and won in the end.

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US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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wunder

wunder

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Yes DonkeyB I totally agree I jumped the gun, panicked and filed a single stranded defence, because I was so sure of it. :oops:

 

Now I need to ascertain the next step; do you all advise that I make the application for an amendment to the defence now or when I receive the new information then.

 

If they do not comply with the CPR can my defence state that. I shall look into the 'intra-company agreement' that they had.

 

 

Many thanks

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wunder

wunder

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Am I correct in saying that the OFT Public Register clearly states that the CCL issued to HFO Capital Limited (Ireland) was issued on 26th March 2008, they took over this date with the intra company agreement on 31st January 2008 as per their particulars of claim. My understanding is looking at the dates the agreement may be void.?

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wunder

wunder

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Many thanks; so do you advise to wait and submit an application after I receive the documents (if I do get them), or beforehand?

 

Broken Arrow has shared his own experience and I just need advise on the best way forward now.

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I would go for the strike out, you then get them in court, unless they discontinue, you then throw all the s**t at them .

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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The intra group and the Barclaycard/HFO Capital agreements may themselves not comply with legislation, this though has yet to be tested and proven in court.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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DonkeyB

DonkeyB

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The intra group and the Barclaycard/HFO Capital agreements may themselves not comply with legislation, this though has yet to be tested and proven in court.

 

Give it a couple of days...

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