Lowell/Overdales letter of claim now claimform - 2019 paypal EU debt

[London1971]

DCA Lowell / Overdales, 

Original Creditor Paypal (Europe). 

Date of Agreement May 2019

Balance £4000

Date of Default Apr 2022.

No payments made since default.

I filled in the PAPLOC as directed here and Overdales have comeback with a forest, statement of account etc and an agreement, pages and pages long which to me looks like it could just be a generic print off designed to scare me into paying. Or for all I know it could  be legitimate.

Should I just let it run and wait for a Claimform? The only issue I have this year is , I need to re fix my mortgage and having a CCJ is going to potentially hurt.

 

 

 

 

[Bazooka Boo]

When are you renewing your mortgage?

Are they likely to take court action AND win before you renew?

[London1971]

Cheers for the reply Renewal is in October, 

[Bazooka Boo]

Hmm, well I see the PP agreement is PP Europe.

I'm sure there's some issue with these agreements and us not being part of Europe anymore.

[London1971]

Yup it states  Paypal (Europe) S.A.R.L  Luxembourg

[dx100uk]

its pre brexit. not a chance it's enforceable under UK jurisdiction.

plenty of lowell/overdale claimform threads here whereby they have discontinued just before the hearing fee is due or pushed through and lost.

you'll see your exact same PAPLOC returns from overdales in many PDF's here already and their later breakdown of how useless they are by various members....

was this a paypal credit agreement or just a trading balance?

thread title updated

moved to online stores.

dx

 

[London1971]

Cheers, Look forward to reading through some of those.

[dx100uk]

updated my post missed a bit.

dx

[London1971]

Name of the Claimant ? Lowell Portfolio 1 Ltd

How many defendant's  joint or self ? Self

Date of issue – 28th March 2024

Particulars of Claim

What is the claim for –

1. This claim is for the sum of £4000 due by the defendant under an agreement regulated by the consumer credit Act 1974 for a PayPal Account reference of 16 digit 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 Date in 2022 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 to the sum of £0.00.

The Claimant claims the sum of £4000

What is the total value of the claim? 4400

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? NA

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 ? 2019

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...) ? 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, Lowell / Overdales

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Don't know, will need to look

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes

Why did you cease payments? Job Loss

What was the date of your last payment? April 22'

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? Yes

AOS Completed, left Jurisdiction unchecked, clicked defend all.

I already have CCA back, the same one that everyone receives from Paypal. States  PAYPAL (Europe) S.A.R.L  Luxembourg

[dx100uk]

did you send both CCA+CPR?

dx

 

[London1971]

No CPR needs to go still, will get that out tomorrow

[London1971]

CPR Sent!

[London1971]

my CPR request has come back from Overdales, the same multipage 29 page agreement that came back via the CCA, plus notice of assignment.

However no Default notice, or Statement.

They just confirm that they have raised a request for a copy of each,.

[AndyOrch]

Topic moved to Financial Legal Issues Forum.

[dx100uk]

thread title updated

[London1971]

I am putting my defence together at the moment and am using the standard defence, the agreement not being valid etc.

Does the fact that Overdales have not provided a default notice constitute part of my defence?

Also is there a clause for Paypal EU CLaims around the jurisdiction issue?

 

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/445800-lowelloverdales-claimform-old-paypal-credit-debt-claim-discontinued/?do=findComment&comment=5166417

[London1971]

That's excellent thanks very much, although i couldn't find the legalese to use the out of Juristriction part of my defence. 

[dx100uk]

dont think we ever say too?
dx

 

[London1971]

I'm not sure if the fact that Overdales have 'requested a copy' of the Default notice and Statement in response to my CPR request actually means they don't have one or if it's some sort of a trick, that they will pull out at the last minute.

Also they had ignored my CCA request from January 2023, but produced this standard 29 page agreement that everyone receives in response to my PAPLOC?

In any case would the defence below be OK?

 

POC for Reference

 

1. This claim is for the sum of £4000 due by the defendant under an agreement regulated by the consumer credit Act 1974 for a PAYPAL Account reference of 16 digit 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 Date in 2022 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 to the sum of £0.00.

The Claimant claims the sum of £4000

 

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 the 3/1/2023 I requested information related to this claim by way of a Section 78 request, which was received and signed for by the claimant on 5/1/2023. As of today, the Claimant has failed to respond to this request, and therefore remains in default of the section 78 request and therefore unable to enforce any alleged agreement until its compliance.

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. Paypal (Europe) S.A.R.L is out of the juristriction of English Courts.(do not use this point 5 in defence... For future readers - Dx) 

 

6. As per Civil Procedure 16.5 it is expected that the Claimant prove the allegation that the money is owed.

7. 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.

[dx100uk]

as i said earlier i've not seen @AndyOrch add in the out of jurisdiction bit 

the reasoning is in this thread and the defence used that made them discontinue.

Lowell/Overdales Claimform - old Paypal EU Credit Debt ***Claim Discontinued*** - Page 3 - Legal Successes - Consumer Action Group

 

[London1971]

Cool would be good to get his input too,  although i am wondering does the fact that they haven't provided a Default notice mean it's safe to say there isn't one in my defence?

[dx100uk]

you are not stating there is not one..........

the DN line is part of our std holding/no paperwork defence.

No DN is fatal to any claim.

its always important to bring it up where the claimants claim involves the consumer credit act.

[London1971]

I've just taken another look through the stuff they sent me in response to the CPR request,

the notice of assignment isn't the original , it's on a plain sheet of non letterhead paper, in fact it could have easily been typed up by Overdales, or anybody really. 

On the other side of the paper are standard Lowell terms and conditions that are only half on the page.

Should this be part of my defence?

[dx100uk]

not really important at this stage, leave your defence generic and as vague as their POC is.

your WS is the time to address document irregularity issues if the claim ever gets that far.

dx