Lowell/Overdales Claimform - old Paypal EU Credit Debt ***Claim Discontinued***

[goldeneye22]

Hi forum.

Here on the suggestion of a family member who has had successes based on advice here in the past.

Looking for some general debt advice for two debts that Lowell bought

Very (shop direct) debt - £2400, opened in 2013, defaulted in 2019.

Have been making token payments of £1 since then.

Received a letter from Lowell's offering a 80% discount.

Pay £480 in three payments

 

Debt 2

- PayPal Credit - £505, opened in 2017, defaulted in 2019.

Sold to Lowell recently, (last 5 months).

Haven't made any payments.

Recently received a letter stating they may issue claim form within 15 days if I don't get in contact.

My first plan was to send a CCA for each account and take it from there.

I assume s.78 is the correct category for both debts?

[dx100uk]

click CCA request and read all the post 

the info is there

if lowell are offering a discount something might well smell here.

 

check if that paypal credit debt is paypal UK not paypal EU. (pre brexit )

[goldeneye22]

I figured the same when the 80% discount letter came through the door for the Very account 

 

Not sure how to check regarding PayPal. I'm assuming it is PayPal EU due to the date when I started the credit agreement being 2017. Lowell letter simply states PAYPAL regarding the name of the debt. 

 

 

Edited February 8, 2022 by goldeneye22

[dx100uk]

How do you know it's PayPal credit, you remember signing by tick box?

Got old PayPal emails ...agreement copy should be there.

PayPal eu credit rather than PayPal UK makes enforcement interesting and might answer the reason for the sale ..get it??

Dx

 

 

 

[goldeneye22]

I vaguely remember the set up process being a case of "click here to apply" and terms and conditions but can't remember much else.

 

No old emails unfortunately. Email address tied to the account was purged by Microsoft after it got hacked. Regained access but all emails gone 

 

PayPal have a service that lets you download all data they have for you so I've requested that to see if it'll also show any agreements I've made

 

 

[dx100uk]

Good do that.

 

dont do anything with it until/unless you get a letter of claim

 

As for the very one.

Shame payments are being made running the sb date to infinity.

 

Cca request.

 

Dx

 

 

[goldeneye22]

Cheers mate,

wait for my data from PayPal which should take 3 days according to them on average and wait to see if Lowell follow through with a letter of claim.

Indeed annoying about the Very one.

Did not know anything regarding debts being SB and payments affecting that until recently.

Having read up on some threads, paperwork must be shot if they are willing to only accept 20% of the debt.

Will send CCA request to them tomorrow

PayPal data came back.

Didn't have any documents that I'd agreed to etc, simply stated the name of the product I signed up for which is "PP_UK_PPC" which I assume translates to "PayPal_UK_PayPal Credit".

My account was opened in 2009 but the PayPal Credit was not signed up until August 2017

[dx100uk]

Who from?

 

 

[goldeneye22]

The information document they sent with my records simply states PayPal. No mention of whether it was PayPal EU or PayPal UK besides my PayPal credit application.

 

"Financial Application Status - PP_UK_PPC - Approved"

 

They did send a secondary note that simply talks about how data is handled etc. Here they mention that PayPal EU is the responsible entity, but this is simply in regards to making a complaint and seems very generic rather than it being specific to my account

 

According to the PayPal credit t&c, I can ask for a copy of the credit agreement free of charge by contacting them directly by mail or on the phone

Edited February 9, 2022 by goldeneye22
More information

[dx100uk]

Who has this info come from . PayPal or Lowell

[goldeneye22]

This is all from PayPal.

I haven't spoken to Lowell at all regarding the PayPal account.

Last I heard from them was the letter asking me to make a payment or they may send a claim form

[dx100uk]

Good well you keep all that to yourself.

Read upload

Get it all up to one mass pdf.

CCA request lowell.

Then watch the fake paperwork they send, which will be nothing like what you have got from the OC.

It concerns me you say 

On 09/02/2022 at 11:26, goldeneye22 said:

. I haven't spoken to Lowell at all regarding the PayPal account.

You never ever speak to or ring a powerless dca

- they will lie and say anything over the phone to scam you out of money.

That they will never put in writing as they would get fined for saying it.

 

Dx

[goldeneye22]

It's thanks to my brother that I hadn't spoken with them.

Never dealt with DCAs before besides Lowell.

I spoke with him about it not long ago and he told me to shut up and not talk to them at all and get on here, have a read then make a post.

What information is it that I should upload.

Regarding the PayPal account?

I only have the personal information that PayPal sent which means I'd need to redact the whole thing besides account creation date and PayPal credit application date. 

Will send CCA to Lowell regarding PayPal tomorrow too

[dx100uk]

Ok well let it run

To me this looks like a paypal eu credit agreement, of which, we've not seen any being enforced in our jurisdiction, which would explain why PP did not goto to court and crush you themselves.

 

Dx

[goldeneye22]

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

[dx100uk]

this could be fun.

 

dx

 

[goldeneye22]

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 – 

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.

[dx100uk]

On 12/05/2022 at 17:20, goldeneye22 said:

1. Paragraph 1 is noted. I had an account with PayPal  in the past but cannot recollect the account number referred to by the Claimant.

financial dealings 

did you not ever send a cpr 31:14 request?

i'm also wondering if a line concerning this is out of jurisdiction for eu debt?

also did overdales solicitors send you a letter of claim before they raised the claim through northants bulk court?

dx

 

[goldeneye22]

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

[dx100uk]

you have the agreement details etc in your sar return do you not and posted earlier you said paypal.eu.

you should have sent cpr its detailed in the sticky you filled out with the details of the claim you put up.

get one running.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]...

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/.

type your name ONLY
Do Not sign anything

[goldeneye22]

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

 

 

[dx100uk]

i'm sure @andyorch will pop in tonight as you need to file tomorrow.

 

as they have not replied to CCA anyway twill be for the moment almost what you have posted above.

 

dx

 

[goldeneye22]

Ok then, thanks

[AndyOrch]

Are you sure this type of credit agreement is a regulated CCA1974 agreement ?

 

Quote

Deemed authorised and regulated by the Financial Conduct Authority. The nature and extent of consumer protections may differ from those for firms based in the UK. 

 

Andy

[AndyOrch]

Okay just checked...it is.

 

https://www.paypal.com/uk/webapps/mpp/credit-promotion-terms