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Lowell/Overdales PAPLOC now claimform - Paypal Credit debt


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Overdales have sent me a "Letter of Claim" - 30 days to prevent legal action. Along with a Financial Status sheet and a Reply Form.

 

The Debt is £600 with Paypal Credit.

 

The letter states : on 01-05-2018 you entered into an agreement with Paypal Europe Sarl & Cie SCA to provide you with a Paypal Credit account. 

 

The Last payment I made was October 2019

 

They state that the agreement was terminated and assigned to our client (Lowells) on 15/9/21

 

The Paypal account was in dispute for a return on a faulty item that was lost by a courier and never recovered, They refused to refund it, which is why it remains unpaid.

 

Is there anything i Can do to avoid court action or do I just finally have to take the hit?

 

Thanks!

 

 

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  • dx100uk changed the title to Lowell/Overdales PAPLOC - Paypal Credit debt
1 hour ago, Nomagio22 said:

Paypal Europe Sarl & Cie SCA

 

as this is 2019 well before brexit , and is a paypal EU agreement not alot they can do.

just trying to frighten you.

 

can you pop up on paypal or findout the agreement you signed upto please

there were a few of that time that were Newday (uk) as the (hidden) financier but we'll see

 

need all the agreement and the T&C's you signed upto in one mass PDF 

read our upload guide carefully 

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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Assigned to Lowell or sold to them?

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sold to lowell as a dca cant issue a PAPLOC through their sols if they are not the owner

they must to be the owner to issue paploc.

 

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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Thankyou for the reply. 

 

PayPal have closed my account so I can’t actually log into it to view either the agreement or the balance or the transaction history. 
 

On the original email it does state

 

Credit is offered by PayPal (Europe) S.à.r.l et Cie, S.C.A which is duly licensed as a Luxembourg credit institution and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier.

 

 

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Out of jurisdiction of UK courts then 

Lowell trying to mug people 

 

What date is the loc

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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  • 1 month later...

So they are pressing ahead with it. Got a letter today.

 

issue date 25th May, from Northampton County court Business centre.

 

there’s a response pack, an admission form and a defense form. 
 

what’s my best course of action now? 

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  • dx100uk changed the title to Lowell/Overdales PAPLOC now claimform - Paypal Credit debt

Please complete the above

 

and it will help you to follow/read

 

Lowell/Overdales Claimform - old Paypal Credit Debt. - Financial Legal Issues - Consumer Action Group

 

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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Which Court have you received the claim from ? Northampton 

 

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue –  25th May 22

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

PayPal Credit Default

 

What is the total value of the claim? £1105
 

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? Yes
 

Did you inform the claimant of your change of address?  No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?
No
 

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. Assigned to Lowell from Paypal
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? No
 

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 maintain payments due to unemployment 
 

What was the date of your last payment? Sept 2019
 

Was there a dispute with the original creditor that remains unresolved? Yes
 

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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particulars of claim please type out

 

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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  • 2 months later...

 

From legal advise I’ve taken They will defend the invalid default notice with the case American Express vs Karl Robert Brandon 2010 where the precedent is that American Express did not register the default on the day on the letter and therefore 14 days was given. 

There isn’t a Brexit precedent, Section 16 of the agreement signed  says the law courts of England will govern the agreement and have jurisdiction over disputes.


Just what I’ve been told. 

 


 

 


 

 

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We could do with some help from you.

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

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  • 2 weeks later...

it goes direct to allocation.

 

 

dx

 

 

what defence did you file.

 

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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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.

 

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 5/06/2022 I requested information related to this claim by

way of a Section 78 request, 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.

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we still dont have the full poc they filed?

 

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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  • 2 months later...

Hows this going..

 

We had our 2nd discontinued claim today.

 

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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so you've done N180 then?

 

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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good hope you didnt give the fleecers your email/phone/sig on their copy?

 

 

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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