Lowell/Overdales Letter of Claim And returned CCA - issued 2nd default notice as PP 1st was Void

[VioletC]

I’ve been paying Overdales a monthly payment for about a year, after they sent the formal Letter of Claim.  The original default notice from the original creditor was received around 3 years ago.

However, I have now received a new default notice from Lowell’s advising that the original noted invalid dates, not allowing me enough time.  Due to this, it is only right that they issue a new one with correct dates from now and this will be held on records for another 6 years.

I am posting here to ask is this correct please?

[dx100uk]

1st question is WHY are you ever blindly paying them in the 1st place???

a dca is NOT A BAILIFF

and 

have ZERO powers on ANY debt - no matter WHAT it's type.

#tell us about the debt please.

only an original creditor can issue a default notice on or before sale.

once a debt is sold typically the CCA is terminated thus a debt buyer cannot issue one themselves

dx

 

[Bazooka Boo]

Yes you can STOP paying now.

What is this ''debt'' for? Mobile phone?

[whitelist]

If the original creditor sold the balance to a new owner on a defective default notice, then that would be a perfect defence to any future claim.

Would that not make it a continuing live account, though not a terminated account with the DCA taking over the rights and obligations of the original creditor?

For the DCA to issue any future claim, then they would need to default the account with a valid default notice being the new owners, as the original default status no longer exists.

 

Shooting from the hip on this one

 

 

[dx100uk]

or it could be a fake utility debt not covered by the CCA at all.

so no need nor can they issue a default notice anyway as section 87 does not apply

no-one should ever be blindly paying a dca no matter what the debt.

they've no special powers at all!!

[VioletC]

Thank you so far. The original creditor was PayPal and the reason I started paying was they sent the letter of claim then a copy of my requested CCA.  As this has been an electronic application I thought I wouldn’t have a leg to stand on and o didn’t want to risk a CCJ.

Can I do anything now? I am a little shocked they have sent this admitting a previous “faulty” default notice.

[BankFodder]

I don't fully understand the story but what I hear is some inaccurate data processing under the data protection act.
That is a basis for a quick win and some compensation if the interested you

[dx100uk]

when did you take the PP credit out pre brexit?

[dx100uk]

thread title updated

[VioletC]

Thank you so far.

The original creditor was PayPal and the reason I started paying was they sent the letter of claim then a copy of my requested CCA.  As this has been an electronic application I thought I wouldn’t have a leg to stand on and didn’t want to risk a CCJ.

Can I do anything now?

I am a little shocked they have sent this admitting a previous “faulty” default notice.

This was taken out Jan 2018

 

 

[Bazooka Boo]

So pre Brexit it was taken out then.

There's plenty you can do yes.

Stop paying being the first action. 

 

[whitelist]

Might I ask what Pre Brexit has to do with this? 

[VioletC]

Ok, so stop paying but I don’t want to risk a CCJ as I previously completed the letter of claim pack,,so if I stop payment can’t they just lodge a judgement?

Do I need to send some kind of dispute letter?

[dx100uk]

lodge a judgement??

only a judge can do that !! and lowells will have to launch and win the case first, and on a pp debt thats very rare.

can you answer my question previous please 

 

[VioletC]

dx100uk……thank u. I thought I had answered your question that it was taken out Jan 2018.

Your previous question about why I’m paying like I say is I thought by them sending the letter of claim pack the next step would be for them to take this to court which would result in a CCJ.

[dx100uk]

so pre brexit so a EU agreement not a uk one. so a jurisdiction issue

not once has lowell won in court on these so your comment of' would result in a CCJ' is very unfounded

there are several lowell paypal threads here i suggest you go read them all and stop being a nice DCA Cash Cow by blindly paying them.

if you'd started a thread here when you got the PAPLOC not years after you could have saved all that money.

[VioletC]

I’m not too worried at this point about the 100 quid I have repaid to Lowells, I.was more trying to get advice on how to potentially stop getting a second default registered on my credit record.

I’ll take the advice and read more to see if there’s a definitive answer as it hasn’t been clear to me so far.

[whitelist]

Interested in this jurisdiction issue.

Would they not be able to make a claim in the UK courts if PayPal had a registered trading address in the UK?

Whittaker House, 2 Whittaker Ave, Richmond TW9 1EN UK

[dx100uk]

short ans is no!! the agreement says sarl eu not paypal credit UK.

please go read the claimform threads

been explained before in depth.

getting a bit fed up with us being your tutor when threads are not yours whitelist and you wont bother looking.

its an unnecessary distraction for the thread OWNER

gotta question ...START A NEW THREAD OF YOUR OWN.

dx