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


goldeneye22
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Defence checked and amended in post#20

 

Andy

  • Like 1

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Hello, so my cousin has informed me that Overdales responded to my CCA request and sent a pretty big envelope with documents this morning.

 

I asked him to have a quick look at it and he said they mentioned both the CCA request and my defence.

 

They provided a copy of the agreement that was signed electronically, which he says was signed under PayPal Europe. Default notice, Notice of Sums in Arrears and a statement of the account.

 

They also offered a "settlement" of £650 up front or two £330 payments or any reasonable proposal I wish to make. They would like to discuss this within 14 days of the date of the letter.

 

My cousin has a link to this thread and I have given him my login details, so if you wish to know anything else that is on the letters they sent, he can quote word for word what is on there and/or upload anything you wish to see.

 

I wasn't able to send off the CPR 31:14 due to running late, but my cousin will be sending it off for me on Thursday or Friday.

 

He did mention that there were two PayPal agreements sent, both of which are almost identical and 14 pages long each. Only difference being one is for when the APR was 17% and the second is when they increased the APR to 19%

 

The compression tool butchered some of the text but hopefully it is still legible enough. The T&Cs really ballooned the size of this. Logging off now. 

 

cca return6.pdf

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  • 2 weeks later...

thread tidied.

 

looks like the Default Notice is none complaint hasn't allowed 14 days.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Makes it void, can't enforce any debt 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

None Compliant ...not complaint...

We could do with some help from you.

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Oh yes ruddy autospeller!!

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Oh really? Looking at the original default, the dated letter from PayPal is 25/03/2019 and the pay by date is 08/04/2019

 

That looks like 14 days to me? or is there something else I am missing.

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Postage time.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Interesting, so would Lowell have to prove that I actually received the letter on the stated date or is there some law that states you need to allow time for postage when sending a default notice?

 

I'm doing some research of my own during my lunch break, but can only see that its 14 days and that is it.

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eh?

 

the DN letter has a date on it...

so by nature of the 14 days warning it must give under section 87/88 of the CCA, - you could not have received it on the same day it was written..

 

postage takes at best 2 days..

 

so the 14 days has obviously not been afforded to you...one void DN.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

you've already filed your defence.

you need to get reading up here as advised earlier

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

check the status on mcol

see if yours has been sent

i bet nothing is mentioned since your defence filing and this is the usual letter lowells send with the intention to threaten worry and harass debtors.

 


https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

but you should already know all the above as ofcourse 

don't forget CAG is self help too!

 

type in lowell claimform

 

in our enhanced google search box and read a goof few 10's of threads

and learn the court process

what is to come

the various stages as the claim progresses

and how to react to at each stage.

 

however, never do anything without checking here FIRST.

 

dx

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Then DQ,s have not ben sent out yet.....Lowell jumping the gun as per usual.

 

 

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 1 month later...

Regarding mediation. I've been checking other threads that have paypal credit  claims like myself. 

 

Would mentioning that my agreement has no IP address be a good move?

 

Also, regarding the fact my default notice did not allow 14 days, seeing as I couldn't of received it on the day it was written, can I still suggest that it was void? A different thread on here has the suggestion that the 14 day period for the default notice was in fact ok.

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The DN is non compliant.

It has to get to you before the 14 days runs 

 

Pers when mediation ring, I would state you do not have enough information to enter into mediation. Don't say why, just refuse it .

 

Dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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