Claim Form Lowell for Paypal Europe & Capital One Europe

[junkmanukuk]

Can i not just do a simplified witness statement and just concentrate on the paypal account ie no default notice has been sent and not bother with the Capital ones accounts and accept that im going to have to pay them

[echat11]

Have a read through, it's your Witness Statement amended, you should amend it further.

You need to gather the evidence that are stated in the Witness Statement. Label the evidence as Exhibit 1, number the pages, then cross reference them onto the Witness Statement, write an Index for the Exhibits.

IN THE MANCHESTER COUNTY COURT
Claim No: ++++++
BETWEEN:
Lowell Financial Limited
(Claimant)
++++++
(Defendant)
__________________________________________________ _________________________

First Witness Statement of ++++.

I, +++++++++++++++ being the Defendant in this case, state as follows:

I make this Witness Statement in support of my defence to the claim issued against me, which is due to be heard on +++ September 2025 at Manchester County Court.

Unless otherwise stated, the contents of this statement are within my own knowledge and are true to the best of my information and belief.

__________________________________________________ ___________________________

Background

1. On or around 10th June 2024, I received a County Court claim form from the Civil National Business Centre, Northampton, claiming a total amount of £3,561.93.

2. The particulars of claim allege that this debt arises from the following accounts:
PayPal Europe Sarl & Cie SCA: Balance of £2,742.74
Capital One: Balance of £280.02
Capital One: Balance of £254.17

3. The particulars of claim fail to provide essential information, including:
The date when the alleged agreements were entered into;
When the alleged defaults occurred;
A breakdown of how the sums claimed have accrued;
The dates of Letters of Assignment.
__________________________________________________ ________________________

The Law

4. The relevant law governing the agreement’s and defaults are the Consumer Credit Act 1974 (amended) and The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

__________________________________________________ _________________________

Documents Requested

5. On 2nd July 2024, I sent a formal request to the Claimant’s solicitors, Overdales, pursuant to CPR 31.14, requesting copies of all documents mentioned in the statement of case (for all three accounts). I requested copies of the Credit Agreements, Default Notices and Notices of Assignment.

6. On 2nd July 2024, I also submitted a formal request to the Claimant under sections 77–78 (as applicable) of the Consumer Credit Act 1974, requesting:

A copy of the Credit Agreements (for all three accounts).

I also enclosed the statutory fee of £3.00 with all the requests.

__________________________________________________ ___________________________

Documents Received

7. Lowell’s sent these documents on XX/XX/XXXX

PayPal Account

a) Lowell’s to date has not provided a copy of the Default Notice or the Notice of Sums in Arrears relating to the PayPal account, which are critical documents in support of the Claimant’s claim.

b) Lowell’s has provided a Letter of Assignment, it has no ‘Letterhead’. The Letter of Assignment has a date of 21/09/23, but is non-compliant.

Capital One Account 1

a) Lowell’s has provided a copy of the agreement but it is ‘illegible’, which is critical in support of the Claimants Claim.

b) Lowell’s has provided a Letter of Assignment, it has no ‘Letterhead’. The Letter of Assignment has a date of 22/09/23, but is non-compliant.

Capital One Account 2

a) Lowell’s has provided a copy of the agreement but it is ‘illegible’, which is critical in support of the Claimants Claim.

b) Lowell’s has provided a Letter of Assignment, it has no ‘Letterhead’. The Letter of Assignment has a date of 23/09/23, but is non-compliant.

__________________________________________________ ____________________________

Witness Statements

8. On 17th July 2025, I received a supplementary witness statement from the Claimant. However, their original witness statement had not yet been provided.

9. On 18th July 2025, I contacted the Claimant’s solicitors by email, requesting a copy of the original witness statement.

10. The Claimant responded on 21st July 2025, providing a copy of their original witness statement dated 11th June 2025.
__________________________________________________ _________________________



Issues Identified in Claimant’s Evidence

11. Upon reviewing the Claimant’s Witness statement’s, it was stated that:

a) “The Claimant requested the Default Notice and the Notice of Sums in Arrears from PayPal; however, the documents were not available.”

b) “The Claimant’s information states Agreement 1 defaulted on or around 12th June 2023. A copy of the Default Notice has been requested from PayPal; however, a copy was unavailable at this time.”

c) The Capital One agreements received from Lowell’s are ‘illegible’, they are ‘improperly executed’, making them ‘unenforceable’ under the Consumer Credit Act 1974.

d) The Lowell’s Letter’s of Assignment are missing a ‘letterhead’, these are non – compliant as they don’t identify the purchaser of the debt.

12. I respectfully submit that the Claimant’s inability to produce and comply with the Consumer Credit Act 1974 (amended) and The Consumer Credit Enforcement Default and Termination Notice Regulations 1983 means that these essential documents casts serious doubt over the enforceability of the alleged debt, and hinders my ability to verify or defend against the claim.
__________________________________________________ _____________________________

Jurisdiction Concerns – PayPal Agreement

13. Furthermore, it is my understanding that agreements entered into with PayPal Europe Sarl & Cie SCA in or around 2019 (pre-Brexit) may not fall under the jurisdiction of the English courts. This depends on the governing law and jurisdiction clauses within PayPal’s terms and conditions from that period.

I request the Court to take this point into consideration when assessing whether this claim, as presented, can be validly pursued under English law.

Conclusion – Strike Out

14. I state that the Claimant hasn't complied with the Consumer Credit Act 1974 and The Consumer Credit Enforcement Default and Termination Notice Regulations 1983 so their claim should be struck out.
__________________________________________________ ______________________________

Statement of Truth

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: _____________________________
Dated: _____________________________

[junkmanukuk]

Thank you so much when should i get this sent off latest once ammendid

Can i email it or does it have to be posted or both?

Thanks

Ps i will repost the ammedid one for you to check over if thats ok

[echat11]

Thank you so much when should i get this sent off latest once ammendid

Can i email it or does it have to be posted or both?

Thanks

There are probably more anomalies, but the documentation needs going through.

Regardless, you can email the Witness Statement to the Court and the Creditors solicitors, once you've completed the Evidence Bundle and cross referenced the Exhibits onto your Witness Statement. Underline all the 'Headings'.

In the Subject line write 'Witness Statement - Claim Number: XXXXXXXXX LOWELL'S v XXXXXXXXX'

[junkmanukuk]

OK thanks


Also 7. Lowell’s sent these documents on XX/XX/XXXX i dont know when we recieved these documents

Also im just curious The Capital One agreements received from Lowell’s are ‘illegible’, they are ‘improperly executed’, making them ‘unenforceable’ under the Consumer Credit Act 1974. why is it not?

Thanks

[echat11]

OK thanks


Also 7. Lowell’s sent these documents on XX/XX/XXXX i dont know when we recieved these documents

Also im just curious The Capital One agreements received from Lowell’s are ‘illegible’, they are ‘improperly executed’, making them ‘unenforceable’ under the Consumer Credit Act 1974. why is it not?

Thanks

a) Lowell’s sent these documents on XX/XX/XXXX i dont know when we recieved these document

That's o.k., just write 'Lowell's sent these documents.'

b) Also im just curious The Capital One agreements received from Lowell’s are ‘illegible’, they are ‘improperly executed’, making them ‘unenforceable’ under the Consumer Credit Act 1974. why is it not?

Why is it not?

I don't understand your question, can you elaborate?

[junkmanukuk]

b) Also im just curious The Capital One agreements received from Lowell’s are ‘illegible’, they are ‘improperly executed’, making them ‘unenforceable’ under the Consumer Credit Act 1974.

I was just wondering why are they illegible unenforfaceable???

b) The Capital One agreements received from Lowell’s are ‘illegible’, they are ‘improperly executed’, making them ‘unenforceable’ under the Consumer Credit Act 1974. why is it not?

Also is this correct

a) Lowell’s has provided a copy of the agreement but it is ‘illegible’, which is critical in support of the Claimants Claim. Exhibit 2

b) Lowell’s has provided a Letter of Assignment, it has no ‘Letterhead’. The Letter of Assignment has a date of 22/09/23, but is non-compliant. Exhibit 3

[echat11]

Also is this correct

a) Lowell’s has provided a copy of the agreement but it is ‘illegible’, which is critical in support of the Claimants Claim. Exhibit 2

b) Lowell’s has provided a Letter of Assignment, it has no ‘Letterhead’. The Letter of Assignment has a date of 22/09/23, but is non-compliant. Exhibit 3

I've gone by the information you posted, post 82 on this thread.

[junkmanukuk]

Hi i just come across these for all 3 accounts so i guess we cant put the letterhead thing i thought i had only the printed ones

[junkmanukuk]

The problem is i dont know which paper work has been sent by which so i dont know what Capital one sent or what Lowells has sent honestly i have about 2000 pages of paper work

Ive got 4 bundles with 4 different accounts for the capital ones on photocopied paper 2 are for the cases im defending and 2 others


I swear there trying to confuse us

[junkmanukuk]

Also is this correct

a) Lowell’s has provided a copy of the agreement but it is ‘illegible’, which is critical in support of the Claimants Claim. Exhibit 2

b) Lowell’s has provided a Letter of Assignment, it has no ‘Letterhead’. The Letter of Assignment has a date of 22/09/23, but is non-compliant. Exhibit 3

We just have a credit card agreement and says APR 35.9% APR variable its hard to make out as the writings so small

That goes into your Witness Statement, that the agreement is 'illegible'. does the APR make it illegible

[echat11]

The problem is i dont know which paper work has been sent by which so i dont know what Capital one sent or what Lowells has sent honestly i have about 2000 pages of paper work

Ive got 4 bundles with 4 different accounts for the capital ones on photocopied paper 2 are for the cases im defending and 2 others


I swear there trying to confuse us

That's why the most important set of documents was the batch received from your CPR31.14 request, they are the most relevant as they are the ones that the claim is based on.

[junkmanukuk]

Im sorry but there all mixed up i havent got a clue which ones are which i never ever thought it would get to court as ive nee=ver got this far before and i thought they were bluffing so all the paperwork was all put away in a box

One account i could deal with but 3 its been a nightmare

Lesson learned

What if i send this witness statement ?




IN THE MANCHESTER COUNTY COURT
Claim No: ++++++
BETWEEN:
Lowell Financial Limited
(Claimant)
++++++
(Defendant)
__________________________________________________ _________________________

First Witness Statement of ++++.

I, +++++++++++++++ being the Defendant in this case, state as follows:

I make this Witness Statement in support of my defence to the claim issued against me, which is due to be heard on +++ September 2025 at Manchester County Court.

Unless otherwise stated, the contents of this statement are within my own knowledge and are true to the best of my information and belief.

__________________________________________________ ___________________________

Background

1. On or around 10th June 2024, I received a County Court claim form from the Civil National Business Centre, Northampton, claiming a total amount of £3,561.93.

2. The particulars of claim allege that this debt arises from the following accounts:
PayPal Europe Sarl & Cie SCA: Balance of £2,742.74
Capital One: Balance of £280.02
Capital One: Balance of £254.17

3. The particulars of claim fail to provide essential information, including:
The date when the alleged agreements were entered into;
When the alleged defaults occurred;
A breakdown of how the sums claimed have accrued;
The dates of Letters of Assignment.
__________________________________________________ ________________________

The Law

4. The relevant law governing the agreement’s and defaults are the Consumer Credit Act 1974 (amended) and The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

__________________________________________________ _________________________

Documents Requested

5. On 2nd July 2024, I sent a formal request to the Claimant’s solicitors, Overdales, pursuant to CPR 31.14, requesting copies of all documents mentioned in the statement of case (for all three accounts). I requested copies of the Credit Agreements, Default Notices and Notices of Assignment.

6. On 2nd July 2024, I also submitted a formal request to the Claimant under sections 77–78 (as applicable) of the Consumer Credit Act 1974, requesting:

A copy of the Credit Agreements (for all three accounts).

I also enclosed the statutory fee of £3.00 with all the requests.

__________________________________________________ ___________________________

Documents Received

7. Lowell’s sent these documents on XX/XX/XXXX

PayPal Account

a) Lowell’s to date has not provided a copy of the Default Notice or the Notice of Sums in Arrears relating to the PayPal account, which are critical documents in support of the Claimant’s claim.

b) Lowell’s has provided a Letter of Assignment, it has no ‘Letterhead’. The Letter of Assignment has a date of 21/09/23, but is non-compliant.

__________________________________________________ ____________________________

Witness Statements

8. On 17th July 2025, I received a supplementary witness statement from the Claimant. However, their original witness statement had not yet been provided.

9. On 18th July 2025, I contacted the Claimant’s solicitors by email, requesting a copy of the original witness statement.

10. The Claimant responded on 21st July 2025, providing a copy of their original witness statement dated 11th June 2025.
__________________________________________________ _________________________



Issues Identified in Claimant’s Evidence

11. Upon reviewing the Claimant’s Witness statement’s, it was stated that:

a) “The Claimant requested the Default Notice and the Notice of Sums in Arrears from PayPal; however, the documents were not available.”

b) “The Claimant’s information states Agreement 1 defaulted on or around 12th June 2023. A copy of the Default Notice has been requested from PayPal; however, a copy was unavailable at this time.”

12. I respectfully submit that the Claimant’s inability to produce and comply with the Consumer Credit Act 1974 (amended) and The Consumer Credit Enforcement Default and Termination Notice Regulations 1983 means that these essential documents casts serious doubt over the enforceability of the alleged debt, and hinders my ability to verify or defend against the claim.
__________________________________________________ _____________________________

Jurisdiction Concerns – PayPal Agreement

13. Furthermore, it is my understanding that agreements entered into with PayPal Europe Sarl & Cie SCA in or around 2019 (pre-Brexit) may not fall under the jurisdiction of the English courts. This depends on the governing law and jurisdiction clauses within PayPal’s terms and conditions from that period.

I request the Court to take this point into consideration when assessing whether this claim, as presented, can be validly pursued under English law.

Conclusion – Strike Out

14. I state that the Claimant hasn't complied with the Consumer Credit Act 1974 and The Consumer Credit Enforcement Default and Termination Notice Regulations 1983 so their claim should be struck out.
__________________________________________________ ______________________________

Statement of Truth

I believe that the facts stated in this Witness Statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: _____________________________
Dated: _____________________________

[echat11]

It's your case, so it's whatever you are 'happy' and 'comfortable' with.

[junkmanukuk]

Thanks

Do i need to post the Witness Statement or can i email it to the court and lowells?