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    • 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
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French v. Abbey (3) - Into the breach once more my friends!


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I heard that Jules :D You're just jealous PMSL ;)

 

.

 

Hey, i could have her if i wanted her :cool:

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Corrrrrrrrrrrrrrr!!!! Can I watch and even join in....... this could be fun! ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Well..... a little shock in this mornings post.

 

It was my N1 forms returned with a cover letter saying that my claim is out of date and that a claim must be within 6 years of the reason for the claim!

 

Well..... again!.............. I went back into Court an hour later armed with the Statue of Limitations Act 1980 and asked to see a Clerk, preferably a Manager. I went into a private room and very assertively but nicely asked where in the Statute does it say so! Usual expected answer and I then (nicely) asked if she was legally trained? She said no and I then "educated" her as to Section 32 (b) & © and the easy English layman breakdown of what it means. She was still a little adamant until I reminded her of her depts obligations that they are there as a service and not an Authority. That is the Judges domain and not hers. I think she saw the light then and stutteringly came out with in her defense that they have to advise us of the consequences or problems of any actions brought. Hmmm...... don't you think I/We have done the homework? :rolleyes:

 

Anyway, claim now back in with the Court with a promise that it won't get sent back again! :p

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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you big bad bully Frenchy lol

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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  • 2 weeks later...

I think I already know the answer to this question....but what the heck, it's a useful question to answer.

 

Hypothetically........

 

If you claimed your charges back say a year ago and were successful with only the 8% stat interest also applied and was settled.

 

Could you now go back to them following the section 32 (b) part stating that they must never benefit financially from unlawfully taking money from an innocent party, I could apply to the Courts to recover the compound contractual interest that would have been gained in the eyes of mutuality and reciprocity and deduct what I had already "won" from them in that claim?

 

Just a thought after all, we didn't know at the time about Section 32 and their refusal to disclose the information asked and the consequences of the law of Mutuality.

 

Love to know everyones thoughts and even those of a more legal nature.

 

Cheers ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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I dunno Frenchy, i think that a judge would call you greedy, I am really not sure on this one, but my guts tell me that it is a non starter - sorry to burst your bubble hun

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Tes you're probably right on that front.... once a claim has been settled in full... that's it! :(

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Ooooooooo.... found even more statements going back to 1996!! Oh JOY!! :razz:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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I knowwww..... can't help myself :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Received shAbbeys defence today :rolleyes:

 

Same as all my others including the denial that I cannot claim past 6 years.

 

Here we go again invoking Section 32 (b) & © and interestingly they are not challenging the CCI level 8-)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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oooo well in that case we shall compare defences as my is due soon, again unauthorised 28.7 SOL and all so we shall see

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Ok....watch this space then and I'll inform you of my AQ arrival and send/post my draft AQ up here for comments et al. :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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well it should be fairly similar as we have the same sort of claim, poc's etcedtc lol

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Frenchy, what did they actually say about Breaches? was is EXACTLY the same as the last two, you know why i am asking :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Will re-read the section regarding breaches and report back...... thanks Lula & Noob! :grin:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Nope everything above board....

 

They haven't shot themselves in the foot on this one. Their defence is based on Limitations Act and that they are not charges but fees(!) Quite what the difference between the two is beyond argument.

 

No this one looks simple to deal with. ;-)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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It seems not....... it's like shooting ostriches!

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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