Lowell claimform - old Paypal Debt

[robert_harper_2000]

I don't think they are backing down after paying that fee. 

 

I can't find any threads regarding this issue. I search but most people post then don't finish the story.

[AndyOrch]

1000,s here credit claims mostly complete some discontinued.....but all contain witness statement's and disclosures which is the stage you are now at.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

[robert_harper_2000]

seems no ip address is a big deal but what about the brexit and UK agreements etc? Is the ip a legislated thing? What is it under?

[dx100uk]

On 29/09/2022 at 20:29, robert_harper_2000 said:

Paypal Credit account is  PayPal Europe Sarl & Cie SCA agreement date was July 2019. 

 

pre brexit out of jurisdiction and not covered by UK CCA?
 

[robert_harper_2000]

Sorry how do you mean?

[dx100uk]

seem to remember the other wins here or discontinued claims were because its an eu agreement not uk.

thats why pp eu sold these debts on, theyve not sold on uk agreements.

 

lots of threads here as andy says.

 

with ws examples

 

dx

[London1971]

PP been chasing my wife for a debt, sold to Lowell. I sent a CCA Jan 6th,  received account on hold letter Jan 20th. Since then , nothing at all.  Looks like they simply don't have it.

[rarelydarely]

Robert

I did post an update when mine was discontinued. I don't know which ones worked. You may or may not have the same grounds.

A synopsis of the grounds I based my defence on:

 

 

• The DN was invalid as it only gave me 7 days to comply.
• Paypal EU failed to ever serve Notice of Sums in Arrears before defaulting the account.
• Paypal EU failed to send notice of assignment.
• They provided a copy of the alleged agreement although it cannot be an original copy agreement as any credit would have been taken out online and this copy is devoid of any signature or any IP Address or tick box verification pursuant to sec4 The Consumer Credit Act 1974 (Electronic Communications) Order 2004 . Therefore it is not properly executed pursuant to sec61 of the CCA1974.
• The alleged agreement provided is clearly a Paypal EU pre-brexit agreement which would render it out of this court’s jurisdiction.

[robert_harper_2000]

• The DN was invalid as it only gave me 7 days to comply.
• They provided a copy of the alleged agreement although it cannot be an original copy agreement as any credit would have been taken out online and this copy is devoid of any signature or any IP Address or tick box verification pursuant to sec4 The Consumer Credit Act 1974 (Electronic Communications) Order 2004 . Therefore it is not properly executed pursuant to sec61 of the CCA1974.
• The alleged agreement provided is clearly a PaypalEU pre-brexit agreement which would render it out of this court’s jurisdiction.

this is all true

Edited March 30, 2023 by robert_harper_2000

[dx100uk]

1 nope...where do we say that. it gives you 14days, but they've omitted postage time..invalid

[rarelydarely]

Robert, I put mine as an example to help you write your statement. Don't use anything that doesn't apply to you. Oh and put it in your own words  If you get this right, hopefully you just cost them the court fee.

 

[robert_harper_2000]

That’s amazing thank you. I’ll reread again and type something up. Thanks 

 

Do you think this will be enough 

[Your Full Name] [Your Address] [City, State, Zip Code] [Phone Number] [Email Address] [Date]

Re: Witness Statement for PayPal Credit Agreement Dispute

I, [Your Full Name], hereby declare that the following statement is true to the best of my knowledge and belief.

1. Background Information: I am the Defendant in this case, and I am disputing the validity of the Default Notice and the alleged credit agreement provided by the Claimant, PayPal. I believe the Default Notice is invalid and the credit agreement is not properly executed, as detailed below.

2. Invalid Default Notice: On [date of receiving the Default Notice], I received a Default Notice from the Claimant, which informed me that I was in breach of the credit agreement and that I had to remedy the breach within 7 days. However, according to the Consumer Credit Act 1974, Section 88, a Default Notice must provide the debtor with a minimum of 14 days to remedy the breach. As the Default Notice only provided me with 7 days to comply, I argue that it is invalid.

3. Improperly Executed Credit Agreement: The Claimant has provided a copy of the alleged credit agreement, which I believe is not properly executed pursuant to Section 61 of the Consumer Credit Act 1974. The copy of the agreement provided lacks any signature, IP address, or tick box verification, as required by Section 4 of The Consumer Credit Act 1974 (Electronic Communications) Order 2004 for electronic agreements. Due to these missing elements, I argue that the agreement is improperly executed.

4. Jurisdictional Issue: Furthermore, the alleged credit agreement provided appears to be a pre-Brexit PayPal EU agreement. As a result of Brexit, the jurisdiction of such agreements has changed, and I argue that this agreement falls outside the jurisdiction of this court.

5. Statement of Truth: I, [Your Full Name], confirm that the contents of this witness statement are true to the best of my knowledge and belief.

Signed: ____________________________ [Your Full Name] [Date]

[dx100uk]

Dn bit Crap 

Again what's this about dn 7 days?? It's not!

 

Stop using copy Nd paste without reading and understanding it.

 

Wise up else you will lose hands down 

 

Dx

[robert_harper_2000]

my bad 

remove the 

1. Invalid Default Notice: On [date of receiving the Default Notice], I received a Default Notice from the Claimant, which informed me that I was in breach of the credit agreement and that I had to remedy the breach within 7 days. However, according to the Consumer Credit Act 1974, Section 88, a Default Notice must provide the debtor with a minimum of 14 days to remedy the breach. As the Default Notice only provided me with 7 days to comply, I argue that it is invalid.

[dx100uk]

so what is wrong with the DN, you've now removed that totally.....which is not what you should be doing...

[robert_harper_2000]

So the default notice is incorrect but not by 7 days. When do I need to get the WS in by?

[dx100uk]

You dont appear to be understanding or re reading your thread.

 

Those answers are already here.

 

 

[AndyOrch]

8 hours ago, robert_harper_2000 said:

So the default notice is incorrect but not by 7 days. When do I need to get the WS in by?

 

We don't know you have not posted details from your N157 Notice of allocation apart from the date the claimant has to pay the hearing fee.

[robert_harper_2000]

The court fee has been paid. The court date is April 14th. I’ve received a WS from the claimant 

[dx100uk]

God another massive error.

Your ws should have been in 4 days ago 

 

Why did I see this happening..   

 

We ideally need to see all their ws pdq!!

 

On 31/03/2023 at 12:49, robert_harper_2000 said:

As the Default Notice only provided me with 7 days to comply, I argue that it is invalid.

 

Change the 7 days above to read 14 days.

 

Add ..I argue that it is invalid because the date DN settlement is only 14 days, without any time for postage (+2 days).

 

 

[robert_harper_2000]

ah man. Sorry I'm trying but not as organised as perhaps need to be...

 

Claimants ws.pdf

[dx100uk]

Read upload use the online pdf merge site and or pdfreducer site.

 

One mass file else we will be here all day downloading single pages . ....

 

Dx

 

 

[AndyOrch]

1 hour ago, dx100uk said:

 

Your ws should have been in 4 days ago 

 

Why did I see this happening..   

 

We ideally need to see all their ws pdq!!

 

 

 

 

 

 

How do you know the date there is no upload of the n157 ?

[robert_harper_2000]

Also attached the Paypal signature box 

Paypal Signature.pdf

Did you want the N157 too? 

Claimants ws.pdf

[dx100uk]

4 hours ago, robert_harper_2000 said:

The court fee has been paid. The court date is April 14th. I’ve received a WS from the claimant 

 

Dx