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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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Wigwambam

Massive negative PayPal balance

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So sorry for the late reply. I just find it too good to be true that a company like PayPal simply give up after a couple of months? 

What is largest amount you’ve heard of were they stopped harassing for the balance? 

 

 

with what you know and your experience I ignore DCAs, try and work with PayPal to start paying off the debt at what I CAN afford and  the letters and phone calls will stop after about 2 months?

 

Sorry if think I’m fussing too much! 

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4 basically  in one post removed. 

 

you are seriously fusing too much yes.

 

go read a good few paypal threads and you'll soon understand.

 

you never use thephone on any debt . let alone to a dca.

 

you'll lots of nice pretty coloured letters that don't mention the word WILL anything once.

 

huff n puff the lot of 'em.

 

dx

 


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I love your confidence ha! Me on the other hand....i’m a nervous wreck! 

 

Just going through some of the “negative balance” threads and a lot of them don’t finish the story off? I’ve read only 1 were they say PayPal went quiet on them and that’s after they paid back £12,000 in 6 months off a £15,500 negative balance which I can’t possibly match! 

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yes they go dead which means nothing further happened..nothing to report...

sadly the majority of people that come here never do resolve their threads cause they dont care for anyone else bar themselves

funny that eh? if evertyone did that, they'd be no threads to read...to help them in the 1sat place

such is todays society

me...me.me..me..me..

dx

 


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If it’s so easy to get shut of a PayPal negative balance how come everyone doesn’t do it as such?

I guess it’s morally wrong but not illegal!? 

 

I read a thread were a PayPal employee said “paypal WILL take you to court and WONT let it lie, they have a specialist team that chase negative accounts over a ceratain amount which I’ll defo meet that criteria 

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as I said read the date of the thread many moons ago.

 

its not illegal either, debt is a civil matter not a criminal one.

 

dx

 


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I think it was from 18months ago. 

 

You’ll probably think I’m fussing again but I’ve got a feeling they’ll take mine further due to the shear amount that is owed, I’ll be astounding if they don’t. 

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just type I know what I said

 

they cant.

they are out of our jurisdiction


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So they can’t even get a CCJ against me?

Unless they sell the debt?

Even though this is a debt it’s not a “credit agreement” that’s defaulted so does this come into play? 

 

I read on on another website forum that a guy had a £12,000 negative balance and he had agreed a monthly repayment plan with the DCA. Has just given in to easily in your opinion? 

 

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no

don't sell

doesn't show not a uk debt

 

a mug

 

dx

 


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So I guess now it’s just a waiting game?

Just wait for the balance to go negative and wait for the call and letters and take it from there? 

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You have no choice, other than to wait and see what happens.

 

If had a search around online and could find no mention of court claims being made.

 

Paypal are registered in Luxembourg and I should imagine that they simply do not want to risk publicity about their business model. And if they took it to court, I should imagine questions would be asked.

 

It is not great for any such business to enable large negative account balances and quite a lot of these appear to have enabled gambling.  

 

 


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I’m guessing as well, court is more for debt people refuse to pay point blank, I want and will pay it back but obviously it’ll take a long time to do so. 

 

I’ve read that they give 120 days to clear it before it moves on? 

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Probably about, 4 to 6 months before it goes to Debt Collection.

 

It it were me with such a debt, I would contact Paypal advising of the gambling addiction and advise that I would pay £10 per week or whatever was affordable.  Don't send them any budgeting information if they ask for it, as you would be correct to withold it on grounds of your data protection confidentiality.

 

Ignore Paypal refusal of payment amount or request for higher amount. Simply state affordable amount is £x per week and just keep paying them the amount, until they stop accepting it. Then record any rejection of payment. Ignore any Debt Collection letters and advise that you will only deal with Paypal.

 

 


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Not much I can do for the next week or 2 until all the payments have returned to PayPal then obviously wait for the phone calls.

I’m going to ignore any calls, letters and emails from DCAs.

 

I’ll ask PayPal to only partially freeze my account so I can make payments from my old bank account to gradually pay it off.

I’m hoping if they see I’m making regular payments (whatever I can afford) on a weekly basis that this will keep them from taking it to court even though I’ve been told numerous times that they won’t and can’t go to court anyway. 

 

I’m hoping that the light at the end of a very very long tunnel shows it’s face soon because this is making me ill. 

 

I’ve looked high and low on the net and I can’t find anywhere that PayPal took someone to court, SOLD the debt to a DCA, or a DCAs knocked at your door for money?? Just phone calls and letters is all I can see when I search ? Is this true or does anyone know of any different? 

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said that many times already.

 

time to move on me thinks

 

dx


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1 hour ago, dx100uk said:

said that many times already.

 

time to move on me thinks

 

dx

 

So ignore any calls/letters off DCAs and try and work with PayPal directly to pay small amounts that I can afford? 

Like ive said, I’ve opened a new bank account and transferred my regular in’s and out’s to that account. I’ve removed my old debit card from PayPal but left on there my old bank account info, reason being I’m hoping that makes it easier to send payments to PayPal. Does this seem a good idea? 

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52 minutes ago, Wigwambam said:

 

So ignore any calls/letters off DCAs and try and work with PayPal directly to pay small amounts that I can afford? 

Like ive said, I’ve opened a new bank account and transferred my regular in’s and out’s to that account. I’ve removed my old debit card from PayPal but left on there my old bank account info, reason being I’m hoping that makes it easier to send payments to PayPal. Does this seem a good idea? 

 

Forget the old account being on there! My old bank account will automatically close when the transfer of bank accounts is complete. 

So going forward how do I pay off the debt in small payments without using my bank/card details? Is it possible to put the money in a family members account and transfer it via them? 

Edited by Wigwambam

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Standing order, payment via a debit card to online account ?  If you are making payment from your end, it is you authorising and not them having your bank details.

 

 

 

 

 

 


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So I could make a payment with my new debit card and this won’t link it to PayPal in anyway?

Make payment over the phone not via the website? 

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has your new banks interweb portal not got a bacs faster payment system

i would not be ringing using a card nor setting up a DD or anything else  pers.

 

 

dx


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The CAG Interest Tutorial Read Here

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I’ll have to ring the bank and ask as I’m not sure 

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You really think I could just  ignore PayPal and DCAs and this will simply go away after time? I’ve calculated what I’ll owe and it’ll be £20,000 

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I suspect many other people have done exactly what you have. Managed to gamble large sums, with the help of Paypal.

 

Might be £20,000, but that is £20,000 of bad publicity about a poor business model that allows this to happen.

 

That is why the debts are chased for a period and nothing happens. Paypal realises they have been used for Gambling and drops it like a hot potato.


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I know this is morally wrong and will definitely be against PayPal’s “rules” and “terms and conditions” but I’m not sure if at all it was against the “law” if it was deemed a criminal offence why the hell would PayPal allow such transactions!?

 

Also I’ve been told the debt isn’t a UK debt so can’t be enforced in a UK court, so for this debt to be sold to a UK DCA which in turn makes it a UK debt surely isn’t allowed as well?

Any thoughts? 

 

I suspect so myself,  Sometimes higher sometimes lower but the weight of £20,000 is well and truly on my shoulders. 

This totally my fault and it’s totally my responsibility to sort it.

I want to and will sort this but it’s going take a hell of a long time!

 

I still can’t get my head around how they would let me make such big transactions, I was to-ing and fro-ing the same amount and it was just cancelling each other out.

When the amount was due out of my bank account I’d simply make a transaction to cover it and so on. 

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