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Claim form received Lowell (paypal). Help needed

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  • Claim form received Lowell (paypal). Help needed

    Received a claim? Yes/No: YES

    Issue Date:06/08/2021

    Have you Acknowledged the Claim?:Yes

    Total Amount Claimed : £3xxx

    Claimant’s Name: Lowell Portfolio I Ltd

    Solicitors Firm: Overdales solicitors

    Original Creditor: Paypal

    Particulars of Claim:
    The claim is for the sum of £xxx due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Paypal account with an account reference of xxxxx.
    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 29-01-20, notice of which has been given to the defendant.
    S.69 of the County Courts Act 1984 at a rate of the 8% per annum from the date of assignment to the date of issue of these proceeding in the sum of £ xxx.
    The Claimant claims the sum of £xxx.


    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
    No.

    List any letters you have sent (eg: CCA/ CPR ):NO.

    Any Other Information or Background Details:
    1. selling items on ebay and the oversea buyer sumbit claim items not received, i send proof of the delivery but paypal still decide in buyer favour to refund the money.

    Any idea what i need to do now and i need help/advice for my defence.

    Many Thanks
    Tags: None

  • #2
    Hi Gabbi

    Did you Appeal PayPal's Decision to refund the Buyer?

    https://smallbusiness.chron.com/file...eal-64303.html (posted article for info only)

    Comment


    • #3
      paypal closed my account and can't login to see what exactly the debt from. i just guessing from the claim by that amount.
      So i don't know how to draft my defence without information.

      Comment


      • #4
        Send them a SAR, they have 30 days to provide you with all the data on your account. Email to PayPal's Data Protection Team.

        You will then have information to file your defence.

        Did you Appeal PayPal's decision? If not why not?

        https://legalbeagles.info/library/gu...ccess-request/

        Comment


        • #5
          Thanks echat11 .
          I will send them SAR tomorrow, but i need to sumbit my defence soon ( less than 28 days).
          I called the paypal this morning, but they told me the debt was legally assigned to Lowell now, so nothing they can do.

          Comment


          • #6
            Any other thing i need to request now? or just SAR? Thanks

            Comment


            • #7
              Why did PayPal close your account? What reason did they give?

              Comment


              • #8
                We regret to inform you that we're initiating the closure of your PayPal account. This measure is necessary to protect us from potential financial losses. ( because I'm not agree the refund and my account not have enough funds to cover it)

                Comment


                • #9
                  It might be an idea to write out you Defence - use the template as guidance.

                  https://legalbeagles.info/library/gu...-court-claims/

                  What postage did you use to send the item to the buyer?

                  Comment


                  • #10
                    Can i email Overdales solicitor to ask where the debt from? i think the bigger problem is i can't login to my paypal to check all the transaction history right now. I just guessing the debt from the refund transaction
                    I using parcel force international sign for service in 2018.
                    Thanks echat11

                    Comment


                    • #11
                      also about CCA request, do i need enclose a payment of £1.00? i don't have a cheque book,how can i send £1?
                      Thanks again

                      Comment


                      • #12
                        Originally posted by Gabbi View Post
                        Can i email Overdales solicitor to ask where the debt from? i think the bigger problem is i can't login to my paypal to check all the transaction history right now. I just guessing the debt from the refund transaction
                        I using parcel force international sign for service in 2018.
                        Thanks echat11
                        Send the following to Overdales, their address will be on the Court Claim Form, send it Recorded Delivery. They will send you all the documents they rely on in bringing the case.

                        List any other documents you need to defend your case, i.e. summary of all transactions over the last 6 years, all account notes over the last 6 years, all emails relating to the account over the last 6 years, CCA Request etc.

                        You can get a Postal Order and send that.

                        https://legalbeagles.info/library/gu...-of-documents/

                        Comment


                        • #13
                          Originally posted by Gabbi View Post
                          also about CCA request, do i need enclose a payment of £1.00? i don't have a cheque book,how can i send £1?
                          Thanks again
                          All you need to do is what it says in post 12.

                          Comment


                          • #14
                            Originally posted by echat11 View Post

                            All you need to do is what it says in post 12.
                            Thanks all the advice, will do it now and hopefully will get more details soo,.

                            Comment


                            • #15
                              update: still waiting request document by OVERDALES SOLICITORS.
                              Any idea when the deadline to submit my defence? Issue Date:06/08/2021
                              Thanks echat11

                              Comment

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                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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