Lowell claimform - old Paypal Debt

[robert_harper_2000]

I don't have the information so I've sent a CCA to Lowell Solicitors. They have bought  a debt from Paypal September 2021. Not sure on the original debt date. I've acknowledge the county claim so have 28 days from now to reply.  

 

I tried to put this in the debt section but it wouldn't allow me.

[dx100uk]

please complete this:

 

 

[robert_harper_2000]

Thanks mate

 

[robert_harper_2000]

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

 

Name of the Claimant ? Lowell Portolio  I Ltd  (address is Overdales Solicitors)

 

Date of issue – 31 May 2020

 

Particulars of Claim

 

What is the claim for –

 

1.The claim is for the sum of £3513.74 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of XXXXXXXXXXX

 

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 15-09-21. notice of which has been given to the defendant. 

 

4.The claim includes statutory 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 those proceedings in the sum of £196.38

 

 The Claimant claims the sum of £3710.12 

 

What is the total value of the claim? £3995.12
 

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 ? on line
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? no
 

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 Portfolio
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? don't know
 

Did you receive a Default Notice from the original creditor? Don't know
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I have received a lot of letters
 

Why did you cease payments? I didn't receive anything and thought these were scam letters. Paypal close my account and my business account but wouldn't communicate with me
 

What was the date of your last payment? never
 

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

[dx100uk]

You'll see several recent Lowell PayPal claimform threads here of recent. Go read then 

 

I suspect yours will also be PayPal eu credit? With a PayPal account Takeout day of well prior to Brexit?

 

..........

 

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]

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

 

[robert_harper_2000]

Awesome. Yes, I believe it was pre brexit. I've already filed acknowledgement for the court. I've done the CCA and will include CPR.

 

I'll have a read up on the other cases

[robert_harper_2000]

Still haven't heard back. Whats my defence wording? 

[dx100uk]

On 11/06/2022 at 17:00, dx100uk said:

You'll see several recent Lowell PayPal claimform threads here of recent. Go read them....I suspect yours will also be PayPal eu credit? With a PayPal account Take ou day of well prior to Brexit?

Dx

 

[robert_harper_2000]

What is the claim for –

 

1.The claim is for the sum of £3513.74 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of XXXXXXXXXXX

 

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 15-09-21. notice of which has been given to the defendant. 

 

4.The claim includes statutory 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 those proceedings in the sum of £196.38

 

 The Claimant claims the sum of £3710.12 

 

 

 

 

My Defence:

 

The Defendant contends that the particulars of claim 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. 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 validate the claimants claim.. To date they have failed to comply to my section 78 request and remain in default of my request.

 

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.

 

 

 

 

 

Also wanted a note about Paypal brexit bit? can't find the correct wording

 

Wanted something about Paypal EU brexit too

[dx100uk]

You said you got a loc but ignored it in the sticky?

 

Dx

[robert_harper_2000]

so delete this

 

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.

[dx100uk]

not due till/by 1st july 4pm.

 

dx

[robert_harper_2000]

So should I wait until the day it is due? the above statement removing bit above is correct?#

Thanks

[dx100uk]

You received a loc.

 

Let @Andyorchcheck things over during the week.

 

dx

[AndyOrch]

Defence checked and slight tweak.....Brexit is really irrelevant to the claim.

 

Andy

[robert_harper_2000]

Thanks man, shall I submit it now or wait till last day -

 

It won't allow me to send the defence? on the Money Claim site. I've tried to copy and paste and then tried typing and pasting removing formatting. Have you had any of these issues?

 

Also tried it in Edge as well as Chrome

 

Got it working. Kept coming up with error but I just kept resubmitting it until it saved then clicked next until it allowed me. Weird .

[AndyOrch]

[robert_harper_2000]

Received the agreement in the post today. Plus a load of default letters. Nothing about what the original debt is.

 

 

agreement DN.pdf

 

Hope this has worked

 

[rarelydarely]

I think the DN isn't valid as it doesn't give you 14 days allowing for post

[dx100uk]

dn looks ok , but yes they dont give you 14 as it takes atleast 2 days to arrive.

agreement has no IP address 

dx

 

 

 

 

 

[robert_harper_2000]

what's the IP address?

 

[dx100uk]

agreement has no ip address by your name (you left in)

so anyone could have used your details, and signed up in your name, remote chance i know

 

 

[dx100uk]

thread tidied

[robert_harper_2000]

so... what do you think? my next step?

[dx100uk]

yours is not the next move

 

there are other like threads ahead of you

and ofcourse our enhanced google searchbox

lowell claimform

 

the more you read the better you'll understand going forward.

 

dx