Lowell/Overdales Claimform - Paypal Credit

[zyghom]

Hello All,

I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing.

I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked.

I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under.

If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June?

Is there anything else I need to do?

Thanks in advance

 

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 –  9th May 2024

Defence filing date: Tuesday 11th June??

Particulars of Claim

What is the claim for 

The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx) 

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.

The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant.

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 £255.69

What is the total value of the claim? £340.69

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? Not applicable

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 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, shows as defaulted.  Registered when it was bought by Lowell

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? Cant find a letter that say so

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Not sure

Why did you cease payments? Financial difficulties and mental health issues

What was the date of your last payment? ? Mid 2019

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? No

[dx100uk]

its a loan.

when did you take it out?

 

[zyghom]

Thank you.

Not sure of the exact date I took it out as I don't have access to that information.  I do have a statement from May 2019, it was taken out before then.

[dx100uk]

look on your credit file?

if its pre brexit its a paypal eu agreement

lots of previous threads here on how to deal with them here.

search

claimform lowell paypal eu 

[zyghom]

Paypal Credit account opened 16th Jan 2018.

I will search for the threads you have suggested. Thank you.

[London1971]

Follow my thread , should be some help for you.

[dx100uk]

Programmable Search Engine

CSE.GOOGLE.COM

clickme^^

[zyghom]

Hi, I just wanted to update the post and ask some further advice 

I sent the CCA and CPR request on the 14th May, to date I have had no reply to the CCA but I received a load of paperwork from the CPR request a few days ago.

I need to file the defence today and from the information I have read the following seems to be what is required.  I would be grateful if some one could confirm suitability.

Many thanks

 

Claim

The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx) 

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.

The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant.

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 £255.69

 

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 17/5/2024 I requested information related to this claim by way of a Section 77 request, which was received and signed for by the claimant on 20/5/2024. As of today, the Claimant has failed to respond to this request, and therefore remains in default of the section 77 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.

Edited yesterday at 14:59 by zyghom

[dx100uk]

Bit unfair to come back here the day it's due to be filed....

Looks like london1971 one? 

I'm not sure if they did Inc point 5, let @AndyOrch confirm it should be there before filing please

A day late won't hurt

Dx

[AndyOrch]

Yes remove 5 rest is fine.

[zyghom]

Thank you.