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


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Great , that makes sense, I will leave is as it is .. Thanks

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for your notes...

Quote

Governing law
This user agreement and the relationship between us is governed by the laws of England and Wales. This does not affect your mandatory rights under the laws of the country in which you reside, such as your rights as a consumer.

If you bring a claim against us in court, you submit to the non-exclusive jurisdiction of the courts of England and Wales. This means that if you were able to bring a claim arising from this user agreement against us in court, for example, an acceptable court would be a court located in England or Wales, but if the law allows you to do so, you can bring the claim in the court of another country instead, such as the country in which you reside.

 

  • Like 1

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  • 2 weeks later...

When I first responded to the PAPLOC, and received that 29 page junk back it was accompanied with a letter saying that they had already responded to my request back on Feb 18th 2023,(I never received it).

I was just clearing out some paperwork today and found a letter from Lowell, dated Feb 17th 2023, explaining that they were still waiting for the documents from PayPal, and my account was on hold  until further notice.  Does this mean they were lying and can it be used against them if this goes any further?

I have now filed my defence, and have had an acknowledgement from Overdales and the court.

A little threatening from Overdales , explaining that part of my defence was invalid because they have now complied with the CCA, and they were still waiting for the Default notice from PayPal.

We could do with some help from you.

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STD BS from overdales.

next letter will be a copy of their N180 claiming they've filed their DQ already, when MCOL and the court havent even sent them out yet!

all part of their std intimidation and harassment tactics.

on better than avg paypal EU cases here they either let it get stayed or discontinue just before they have to waste more money and pay the hearing fee or file their WS, IF the claim gets that far...

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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Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.

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14 hours ago, London1971 said:

found a letter from Lowell, dated Feb 17th 2023, explaining that they were still waiting for the documents from PayPal, and my account was on hold  until further notice.  Does this mean they were lying and can it be used against them if this goes any further?

Include that in your witness statement along with that letter as an exhibit.

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On 05/05/2024 at 23:38, dx100uk said:

STD BS from overdales.

next letter will be a copy of their N180 claiming they've filed their DQ already, when MCOL and the court havent even sent them out yet!

 

 


 

And... Right on cue lol, arrived in the post this morning. Should I wait until I receive one from the court before doing anything?

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Or do the same as them and prepare it in advance and send them your copy :-D

You cant file with the court until you have the official notice with date,

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Ok so is this weird, 

These 2 letters from Overdales, one actually admitting that Paypal's original default notice was invalid, and the other is actually what they are saying is another default notice that Lowell sent me almost a year later. 

Take a look at the letters attached and tell me this isn't just a load of BS?

 

 

 

lowell letters.pdf

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1st letter .....Offering credit cleansing ?   The default shouldn't be in place on your file yet until the time has expired.

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The letter was never sent , I religiously open and check everything from any DCA, anyhow they haven't actually produced the Paypal DN, and admitted it was invalid anyway. Does that put their case in the toilet?

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Not of they have provided a valid one (its replacement) Creditors are allowed to rectify but default markers cant be placed until the time to rectify has elapsed.

 

.

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Thanks that is interesting,

So , the fact that the marker was on my CRA files  for a whole year, before they sent this 'notice'

That Overdales sent me a letter just last week telling me how they had requested the DN off Paypal, and have suddenly come up with a letter sent from Lowell last year (that I never received)

That it's not even on letterheaded paper , anyone could have typed up this DN

Is there any red meat here for me to potentially fight this case?

We could do with some help from you.

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2 minutes ago, London1971 said:

So , the fact that the marker was on my CRA files  for a whole year, before they sent this 'notice'

Thats one point...... but stick to the default issue there is obviously smoke and mirrors here which they are trying to conceal.

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On 06/05/2024 at 10:27, London1971 said:

sent me 29 pages of spew for an agreement.

scan everything up to one mass PDF please

i will suspect just like the other Paypal EU threads, PP terminated the account upon sale to lowells, so they cant issue a new DN, there was no agreement in force.

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... 

Link to post
Share on other sites

I already have proof that a previous letter was never sent, (See post 28). I'm not the sort of person who doesn't open their mail, I can say without a shadow of a doubt that this letter was never received, if it had of been i'd have been on here like a shot.

We could do with some help from you.

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I expect you do ..you may of heard me say previously about making the paperwork fit the claim :-D

  • Like 1

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  • 2 weeks later...

N180 has finally arrived from the court, 2 weeks after Overdales, sent me their copy

We could do with some help from you.

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https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148


3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

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

  • 3 weeks later...

First begging letter received from Overdales

 

;Blah blah blah, our client's are going to win this blah blah blah we supplied all your documents under CPR

 

PS you can stop all this by paying £1200 less in a lump sum

We could do with some help from you.

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yep.

i bet as with most PP EU claims, they were hoping you'd wet yourself and cough up....

i bet they discontinue this claim a couple of days before the court hearing fee is due. 

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... 

Link to post
Share on other sites

  • 2 weeks later...

Mediation date now set. Do I just tell them 'I don't have enough information?'

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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