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    • This thread has been dawdling along for a year. We ask questions and we don't get any answers. Then the thread goes completely to sleep for about 10 months and we get a request today to reopen it and we are told that there is a court date in June – in just a few weeks. We would like to see please – the claim form in PDF format. The defence – in PDF format. Any documents which you have received and filled out such as directions questionnaires et cetera in PDF format. We also would like to see a comprehensive bullet pointed list of events – what you sent, when you sent it, the value of it, who do you send it to, was it properly declared, was the value properly declared – and any anything else you can think of. I think you need to realise that we are all volunteers here and we have our work cut out helping people who feel involved and committed to sorting out their problems. I'm sorry to say that the impression the moment is that you aren't really very interested. If you can't give us the information that I have asked above and also answer the other questions that I put to you probably a year ago, then I think that we may as well close the thread. I'm sorry you think I'm being tough – but this is a serious forum for serious legal advice. The people we advise on parcel delivery issues always get their money back but they have to take it as seriously as we do. It is not just a piece of social media. I'm closing the thread for the moment. If you have the information that we require then please use the report button and we will open the thread again so that you can post it up. Thank you
    • So after a lot o reading the following is my defence statement  as I understand it I need to respond to all points in the particulars   Any help would be appreciated  DDEFENCR  1) aa claim for money , the burden of proof in any allegation to the amount of money claimed to be owed remains with the claimant . And be proved unless the defendant Denies it. I deny all allegations made by the claimant  Therefore, the Claimant Is required to prove the allegation that the money is owed as claimed. The Claimants particulars of case  Does not give sufficient information to enable me to properly assess and defend the claim. 2)The Claimants particulars of claim states that the account was assigned from capital one to on 18/03/2021. I do not recall receiving notice of this assignment. A request for this has been under the consumer credit act to the claimant on17/05/2024 And I am awaiting a reply.  3) Similarly to the above point I do not recall being served with a Default notice by capital one as required by s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served on the Defendant And also required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and it is in a prescribed form  A request under has been made to the claimant’s solicitor on 17/05:2024 under CPR 31:14 and I am waiting for a reply  4) The consumer credit act also makes it incumbent upon the creditor to send regular statement of accounts to a debtor. Again I do not recall receiving these A request for this information has also been made under CPR31:14 on 17/05/2024… and I am awaiting a reply 5) As no documents that have been requested from the claimant have yet been received by me I ask the court for more time to receive and inspect the documents and have the opportunity to mount a more thorough defence      
    • who did you put as the claimant? was it Parcel22Go.com we'll need theirs and your full WS too if they've been filed yet?
    • Hi everyone, I have a court hearing date scheduled for June regarding this case. The service in question is Evri International, which I booked through Interparcel. However, I am aiming to hold Parcel2Go.com (P2G) liable because they operated the Evri International service. The Evri International website, which is operated by Parcel2go.com Limited (with company number 02591405) under the Evri brand. Given that my booking was made through Interparcel and not directly with P2G, am I still in a position to take Parcel2Go to court? Any advice or insights would be greatly appreciated. Thank you!
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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


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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.

 

 

 

 

We could do with some help from you.

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When are you renewing your mortgage?

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

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Cheers for the reply Renewal is in October, 

We could do with some help from you.

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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.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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

We could do with some help from you.

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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

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Lowell/Overdales letter of claim - 2019 paypal EU debt

Cheers, Look forward to reading through some of those.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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updated my post missed a bit.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

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

We could do with some help from you.

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did you send both CCA+CPR?

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 2 weeks later...

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,.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Topic moved to Financial Legal Issues Forum.

We could do with some help from you.

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  • dx100uk changed the title to Lowell/Overdales letter of claim now claimform - 2019 paypal EU debt

thread title updated

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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?

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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dont think we ever say too?
dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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.

 

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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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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

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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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.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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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

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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