Lowell/Overdale Claim Form - old PayPal Credit Account

[Thewilf]

Hey All,

Hoping someone can give some advice here as really not sure what to do and I keep getting lost in all the other forum posts etc… as advice differs so much.

Came back home after travelling for work etc… for a couple of weeks and cleared post to find a letter from Overdales threatening court action for an old PayPal account which had a default registered in 2020, found out about it when Lowell contacted me about a SB debt from 2016 which they are giving up on which was Barclaycard.

Thought need to deal with that and a week later, today, received the claim form from NCC Business Centre and not sure what next steps would be.

I was in a bad place those few years and a lot got out of control but can’t remember this debt for PayPal Credit, only thing they have confirmed is the email address that was signed up for account was mine etc…

Am I too late to do anything about this or do I still have time to try and challenge it and avoid it?

I know they often struggle with PayPal to provide correct CCAs and also are terrible for invalid default notices etc… but don’t know how to get these things or if it’s too late etc…

I am on my feet again now and hoping to buy a house so don’t want to screw credit rating etc… with a CCJ,

I have found default scrolling back through credit file after being highlighted by my mortgage broker but he says it’s old enough and have an offer but a CCJ would mess my current offer up.

Debt is just under £3k and now just over with their charges.

Not sure what to do as never been in this situation before.

I see all these references for different things and I am no good with that kind of stuff so any help appreciated.

Thanks

Will

[dx100uk]

please complete this:

thread title updated

[Thewilf]

Which Court have you received the claim from ? Civil National Business Centre, Northampton

Name of the Claimant ? Lowell Portfolio I Ltd

How many defendant's  joint or self ? Self (just 1)

Date of issue –  07 Dec 2023

Defence filing date: 9th jan (+1 day for xmas)

Particulars of Claim

What is the claim for 

1. The claim is for the sum of £3000 (rounded up) due to the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of (16 digit account number). 

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 29-01-20, 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 these proceedings in the sum of £0.00. The Claimant claims the sum of £3000 (rounded up).

What is the total value of the claim? £3165.87

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received a letter from them dated the 1st Nov saying they were going to do this

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, moved twice from original address where I would have been at the time

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? PayPal credit account

When did you enter into the original agreement before or after April 2007 ? After April 2007 (their letter says 11-10-2016)

Do you recall how you entered into the agreement...On line /In branch/By post ? Would have been online

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes including default

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, says that agreement was terminated and assigned to their client (lowell)

Were you aware the account had been assigned – did you receive a Notice of Assignment? I can't remember, possibly yes

Did you receive a Default Notice from the original creditor? I can't remember, possibly yes

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  I can't remember, possibly yes, I do remember having letters from lowell

Why did you cease payments? Couldn't afford it and buried head in sand to a degree

What was the date of your last payment? Can't tell as there is no way to tell what is a normal paypal payment and a paypal credit payment

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? Np

claimform.pdf

 

[dx100uk]

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]
...
on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
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]

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

this is pre brexit sign up.

did you have a paypal account for years PrioR to signing up for the paypal credit ?

this could be an EU agreement not a paypal UK one, hence why you'll see lots of previous court claims here whereby jurisdiction question when filing the defence.

DO NOT tick contest jurisdiction when doing AOS.

DO NOT file your defence till day 33 above.

read the other lowell paypal claimform threads already here and comeback with any questions.

[Thewilf]

Hi DX,

Thanks for your help, I have printed the 2 letters off and will send them tomorrow special delivery to ensure next day and proof of receipt.

I did have a paypal account prior to signing up for paypal credit, probably for 10 years before the paypal credit sign up but was a pay there and then thing for ebay.

I will get everything off tomorrow, completed the MCOL acknowledgement.

Thanks

One last one, hope I catch you before you reply.

Which act is it I use for paypal, s78 by looks of it or could I say s.77 or s.78 or s.79 in the text?

Thanks

[dx100uk]

thread tidied.

it's a loan

dx

[Thewilf]

Cheers mate, will get those bits sent off in morning and update as soon as I get anything. Thanks so much!

[dx100uk]

no!!

2 hours ago, dx100uk said:

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]

 

[Thewilf]

Sorry I should have been clearer,

I will start drafting up a defence however correct me if I am wrong I should wait to see what comes back to see if I have any additional errors or issues.

I should however still submit a defence by day 33,

if I submit before this does that start ball rolling or am I better to leave till last day?

Or does it not make any difference when I submit, the court waits 33 days?

thanks

[dx100uk]

you must file a defence by day 33 from the date on the claimform (whereby that is ONE in the count - and you have the date correct well done)

your defence will not be playing any of your cards, thats for later....

it will be our std holding/no paperwork one in just about every thread here already.

you run the 33 days, .... 

don't let them think you are panicking, it's just a speculative claim hoping you wet yourself like 85% of people that get one too and blindly cough up not knowing they can probably easily win... you are just a single line in a mass database the dca has.

a DCA is not a BAILIFF

and have 

ZERO legal powers on ANY debt regardless of its type.

you have exactly the option in law as them if you think someone owes you money - raise a court claim.

thats all they have done, but its all robotic computer controlled.

the trigger here would have been their letter of claim being ignored.

you should never ignore a letter of claim.

dx

 

[Thewilf]

Hey,

Hope you all had a good weekend, how does this look? I took it from another thread and amended as required

Particulars of the Claim

1.The claim is for the sum of £3000 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-01-20, 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 these proceedings in the sum of £0.00.

The claimant claims the sum of £3000.

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 77 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.

Thanks

[dx100uk]

twill be something like that

plenty of time 

not due till 9th jan by 4pm + you get 1 extra day due to xmas closure

dx

 

[Thewilf]

Thank you, I will file by then, really interested to see what comes through on the documents and requests though if there are any other issues, from reading posts seen a few where defaults haven’t been issued in right timescales etc… (although still trying to get all of that around my head haha!).

thanks again

[Thewilf]

Hey,

Hope you all had a good Christmas and NY.

I am going to be filing tomorrow as need to travel for work on Tuesday and don’t want to miss the deadline.

Any comments on defence, seen the mistake about s77 and then s78 later on, will correct to s77 throughout as was a loan as mentioned above.

Thanks

Will

[Thewilf]

Hey, 

all submitted, had nothing from them in post but had email saying trying to connect with you.

Do I answer this sort of email with a polite ‘what do you want?’

May be a coincidence but the reference number they have put doesn’t match others I have had however ends in DEF… maybe for Defence lol.

What should I watch out for on MCOL?

thanks

Will

[jk2054]

could you post a copy and paste of their email please.

 

Just not too sure what you're referring to it saying

[dx100uk]

ignore the email whatever it says.

write (by royal mail) to overdales and tell them not to use your email details for any further correspondence regarding their clients mutual court claim number xxxx

you dont want it being used to post poss faked documents/tell lies 1 min before a court deadline removing your ability to counter them.

On 12/01/2024 at 19:30, Thewilf said:

What should I watch out for on MCOL?

time to now get reading up here

100's of lowell claimform threads to read

i suggest +20 a day.

then you'll know whats next, whats after that and how to deal.

though dont do anything without checking here 1st.

dx

[Thewilf]

Hey,

Thanks for that, I am looking through them while away and have see the whole mediation thing and how to prepare to say no thanks not enough info.

They have sent while I have been away a whole host of docs, seen it when I got back this morning.

It says it is the Agreement, Default Notice and assignment etc…

I will start scanning it in for upload as guessing you would want to have a look through?

Is there anything you advise for an easy spot?

I assume redact names, details and references etc… like before?

Thanks

Will

[dx100uk]

yea sure just scan everything inc cover letter.

dont need statements.

simply redact anything they could use to ID you easily here

leave in all dates times £figures etc etc. 

no-one bar registered members can download PDF files anyway  so...

 

[Thewilf]

Hey All,

Sorry been travelling for work, I have scanned, redacted and compressed the files.

The response is what they have sent me in response to my request for information and the directions questionnaire is what they have now sent in response to my defence. It mentions I will receive the same but I haven't had anything yet.

Any help or guidance appreciated. As I said I have read through all the stuff on mediation and basically it is a case of just say that I decline it, is that correct? Some people have attended and just said that they don't know what they are on about and have no memory of these agreements etc...

Also I honestly cannot remember receiving any of these letters they have there but may just be me, wasn't the best of times back then.

Thanks

Will

Directions Questionnaire.pdf

CPR Return.pdf

[dx100uk]

the agreement is paypal EU

and the default notice is dated the 6th giving till the 20th to rectify the balance.

 a dn must give 14 days.

so its void as theres no time allowed for postage.

as for mediation id say no. nothing to mediate over, 

out of jurisdiction and void DN. but you dont tell lowells that.

lots of like paypal eu claimforms threads here already

watch mcol for your dq being sent out.

most of the lowell claims end with them discontinuing or losing.

dx

 

[Thewilf]

Hey,

Thanks for the above.

DN was printed on 6th feb 2019, I had until the 20th feb 2019 to pay -14 days exactly,

this DN is void as they should have given me to the 28th as example to allow time for postage

same as with the claim itself and the prior notice of default sums doesn’t matter?

If this is a void default notice when all this is done I assume like in other threads they will remove from credit file or do I have to apply for this?

Thanks

Will

[dx100uk]

a lost court claim is not a reason to remove a default. 

22 hours ago, dx100uk said:

watch mcol for your dq being sent out.

they have 1 cal month

[Thewilf]

Ahhh ok, fair enough, I thought if the Default Notice was void they would have to remove it like on one of the other threads I have read.

Silly question, they have given 14 days in the letter but if they didn’t raise the DN until a later date would that be a way out for them?

I am watching MCOL but nothing on there yet, doesn’t have any options in there and no post so will see.

thanks

Will

[dx100uk]

the claimant did not register it. the original creditor did.