Lowell/Overdales Claimform - old paypal Debt.

[westgate22]

Hi All, i have been advised by a friend to seek help on this forum as he was helped out by members here & i hope that i will also be able to get some assitance.  I hope i have filled in this information correctly.

 

Which Court have you received the claim from ? County Court Business Centre - Northampton

 

Name of the Claimant ? Lowell Portfolio I LTD

 

Date of issue –  20 May 2022

 

Date  to acknowledge = 07/06/2022

 

date to submit defence- 21/06/2022

 

Particulars of Claim

 

What is the claim for – 

 

1.The claim is for the sum of £2300 due by the defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference xxxx.

 

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 1974 which has not been complied with.

 

3.The debt was legally assigned to the claimant on xx-09-21, notice of which has been given to the defendant.

 

4. The claim includes statuatory 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 £124.

The claimant claims the sum of £2420.

 

What is the total value of the claim? £2600
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I can't recall.
 

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? Loan - revolving credit, PayPal Credit.
 

When did you enter into the original agreement before or after April 2007 ? After April 2007
 

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? I can't recall
 

Did you receive a Default Notice from the original creditor? I can't recall
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I can't recall
 

Why did you cease payments? August 2020
 

What was the date of your last payment? 01/08/2020
 

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

 

With regard to not being able to recall getting these letters, i was in a very bad place after losing a wife & daughter & went down a dark hole. In all likelyhood i did get them but i can't remember.

 

[Badtimes123]

Hello Westgate and welcome to CAG, excellent job getting that filled in as your first post! your friend deserves a handshake

 

Assistance will be along very soon, I'll be watching and rooting for you

 

BT

[dx100uk]

Did you take out a paypal credit loan and when did you do it please?

pre brexit?

[brassnecked]

Looks like needs to do AOS on MCOL like right now.

[AndyOrch]

Yes by 4.00pm

 

Date of issue –  20 May 2022

 

Date  to acknowledge = 07/06/2022

[brassnecked]

Clock is ticking Westgate22, you must file anAOS today right now or a default CCJ will be a certainty.

[westgate22]

OMG!!! I've only just seen this message! Is it to late for me to do it now?

 

[dx100uk]

do AOS now. yes it will be ok

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

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

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

dx

[westgate22]

Thank you so much! Fingers crossed i don't get hammered for not doing by 4pm!

 

Just a quick question, i am logged in now,

 

Your Unique Reference - i assume i can leave this blank?

Personal Details - again blank as they don't differ from claim form

D.O.B. - do i need to fill this in?

Tel & email - do i need to fill this in?

 

to answer the question, did i take it out PRE BREXIT, i found the email that says i signed up to it Nov 2018, and it says

 

"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."

[dx100uk]

you fill in all they ask for on mcol after clicking the AOS section.

 

so clearly PP EU.

so i linked you another like thread earlier

go read it

just infront of you in the claim process.

 

dx

 

[westgate22]

Hi all, hope everyone is well. I haven't been on in a while, still trying to get  used to working 2 jobs & getting by on 5hrs sleep has been pretty hard to get used to! I have to file my defence by today and would appreciate if someone could take a look please.

 

I sent a CCA to Lowell & a CPR  31:14 to Overdales about a week ago, both were sent recorded but i can't find the slip to check tracking info! Should i re-send them again and this time make sure i don't lose the slip?

 

Particulars of the Claim

 

1.The claim is for the sum of £2300 due by the defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference xxxx.

 

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 1974 which has not been complied with.

 

3.The debt was legally assigned to the claimant on xx-09-21, notice of which has been given to the defendant.

 

4. The claim includes statuatory 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 £124.

The claimant claims the sum of £2420.

 

My 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 receipt of this claim I requested by way of a CPR 31.14 request and a section 78 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 section 78 request and remain in default.

 

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.

 

 

[AndyOrch]

No need to re send CCA/CPR...with regards to your defence although you not recall recieving the Pre Action Protocol I would still throw the following in after your intro....

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

Rest is fine.

 

Andy.

 

.

 

[westgate22]

great! thank you so much for the help!

[robert_harper_2000]

Just following

[westgate22]

Hi guys, i have received a form N180 which i have attached. I have read it and it looks like i would be able to use the mediation service. When filling out this form am i correct in saying i only need to fill in A, tick yes to mediation, fill in B with my details inc phone & email and then sign the last page?

 

Overdales did respond very quickly with a copy of my credit agreement, a notice of arrears, a statement, notice of assignment. In their email to me they have said their client is willing to use mediation:

 

"Our client has confirmed their willingness to mediate in the Directions Questionnaire, which may result in settlement without further legal action and costs. Should you wish to accept our offer to engage in mediation, this would be conducted over the telephone by an independent Court mediator. If you agree to mediation, please ensure you tick the “yes” box in part A1 of your own Directions Questionnaire which will be sent to your directly from the Court"

lowellN180.pdf

[brassnecked]

If they are willing to mediate, maybe something wrong with their paperwork and proofs of agreement..  With mediation they bargain like a carpet stall owner in the old Bazzaar in Cairo.

[dx100uk]

You should have been researching here in the downtime not just disappearing for a month 

 

Then you'd know what to do.  

 

Does mcol say your has been sent!

 

How did the fleecers get your email?

You need to kill that quick else they'll file their way 1 min to midi removing your chance to counter it 

 

Scan up all the returned paperwork to one mass pdf .read upload 

 

Dx

[westgate22]

when i check MCOL it says the following:

A claim was issued against you on 20/05/2022

Your acknowledgment of service was submitted on 07/06/2022

Your acknowledgment of service was received on 08/06/2022

Your defence was submitted on 21/06/2022

Your defence was received on 21/06/2022

DQ sent to you on 14/07/2022

DQ filed by claimant on 14/07/2022

 

They probably have my email address from Paypal

On 29/07/2022 at 10:29, dx100uk said:

Scan up all the returned paperwork to one mass pdf .read upload 

Do you mean the stuff they sent me by email?

[AndyOrch]

 

[AndyOrch]

You need to complete and return by 1st Aug best get it in the post today.

[westgate22]

this is what i received from overdales by email. There is also a 78 page credit agreement from paypal which i have not included just yet, unless it is wanted.

overdale emailed docs.compressed.pdf

[AndyOrch]

Dont worry about that for now get the DQ filed and served on the claimant...today

[westgate22]

is this right please?

overdales sample N180.pdf

[AndyOrch]

D1 name your local county court and in contact details on the claimant's copy leave email number mob blank...rest is fine

[westgate22]

Great, thank you so much!

 

Do i also need to send the EX730? On the one i have from the court it has a tick box, but the linked one does not have the same tick box available.