Claim Form Lowell for Paypal Europe & Capital One Europe

[junkmanukuk]

Hi

My GF has received a letter from Civil National Business Centre a claim form dated 10 Jun 2024, I have completed AOS defend in full online



Received a claim? Yes

Issue Date: 10/06/2024

Have you Acknowledged the Claim?: Yes - Defend in Full

Total Amount Claimed : £3276 (£3562 including court fees etc)

Claimant’s Name: Lowell portfolio

Solicitors Firm: Overdales Solicitors

Original Creditor: Paypal Europe £2742, Capital One £280, Capital One £254

Original Debt (eg. Credit card/Loan/Overdraft): Credit Account & Credit Cards

Particulars of Claim:
The claim comprises the following agreements the defendant entered into
A, Paypal Europe Sarl & Cie SCA with reference and current balance £2742
B, Capital One Europe plc with reference and current balance £280
C, Capital One Europe plc with reference and current balance £254
The agreements were terminated as payments were not maintained and subsequently assigned to the claimant
And the Claimant claims
A The total of the said sums being £3276.93
B Intrest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue but limited to one year being £0.00
C Costs

Is the debt Statute Barred : No

List any letters you have sent (eg: CCA/ CPR ): None Yet

Any Other Information or Background Details: I did have a account with both creditors



Thanks

[echat11]

a) First Acknowledge the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to Paypal Europe and Capital One (2 accounts), they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

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

c) Send a CCA request to Lowell Portfolio for Paypal Europe and Capital One (2 accounts) they have 12 days to provide a copy of the original agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to Overdales, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

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

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

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

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form. If you can post on the thread 5 days before it's due we can help with your Defence.

[junkmanukuk]

Hi

Thanks for the reply

Just a couple of quick questions

b) Send a SAR request to Paypal Europe and Capital One (2 accounts), they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

As Paypal Europe are based in Luxembourg do i have to Send a SAR request to them there?

Also We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

Do i have to send 3 £1 postal orders or is £1 ok for all 3 accounts?

Thanks

[echat11]

a) Send a SAR request to Paypal Europe and Capital One (2 accounts), they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

As Paypal Europe are based in Luxembourg do i have to Send a SAR request to them there?

https://www.paypal.com/uk/webapps/mp...-and-your-data

At the very bottom of the webpage, registered address.

b) Also We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

Do i have to send 3 £1 postal orders or is £1 ok for all 3 accounts?

£1 for each request, so that's £3.

[junkmanukuk]

Hi is this correct

Request for documents mentioned in a statement of case under CPR 31.14

On 10/06/2024 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 08/07/2024.

1. Agreement

2. Notice of Assignment

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claims, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £3 today, 03/07/2024.

I look forward to hearing from you.

Yours sincerely

[junkmanukuk]

Also

LOWELL PORTFOLIO LTD
NO 1 THE SQUARE
THORPE PARK VIEW
THORPE PARK
LEEDS
LS15 8GH

Dear Sir/Madam

Re:− Account Number 6366320001217329
Account Number 5460975924234201
Account Number 5185819463723733


With reference to the above agreements, we would be grateful if you would send us a copy of these credit agreements.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £3.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We look forward to hearing from you.

Yours faithfully

Thanks

[echat11]

There would have been Default Notices, might be an idea to ask for them as well. Other then that it's fine.

[echat11]

Also

LOWELL PORTFOLIO LTD
NO 1 THE SQUARE
THORPE PARK VIEW
THORPE PARK
LEEDS
LS15 8GH

Dear Sir/Madam

Re:− Account Number 6366320001217329
Account Number 5460975924234201
Account Number 5185819463723733


With reference to the above agreements, we would be grateful if you would send us a copy of these credit agreements.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £3.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We look forward to hearing from you.

Yours faithfully

Thanks

That's fine.

[junkmanukuk]

So it will be

1. Agreement

2. Default Notices

3. Notice of Assignment

Thanks

[echat11]

So it will be

1. Agreement

2. Default Notices

3. Notice of Assignment

Thanks

Yep, they don't mention Defaults, but no harm in asking, see what they send.

[junkmanukuk]

Hi is this correct?

In the Northampton County Court Business Centre




Claim No


LOWELL PORTFOLIO LTD




And









DEFENCE





1.The Defendant received the claim L6KQ97Z4 from the Civil National Business Centre on 14 June 2024.




2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.




3.This claim is for a Credit Card agreements & Credit Agreement regulated under the Consumer Credit Act 1974.




4.It is admitted that the Defendant has entered into an agreement with Original Creditor for provision of credit.




5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.




6.The Claimants Particulars of Claim fail to state when the agreement was entered into



7.The Claimants statement of case states that the account was assigned from Paypal Europe Sarl & Capital One to LOWELL PORTFOLIO LTD no date was given.

The Defendant does not recall receiving notice of this assignment.




8.It is denied that Paypal or Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.




9.On the 10/07/2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to LOWELL PORTFOLIO LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.




10.LOWELL PORTFOLIO LTD has not sent any of these documents to the Defendant.




11.On the 10/07/2024 The Defendant sent a formal request for a copy of the original agreement to LOWELL PORTFOLIO LTD. pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £3 fee.




12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.




13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.




14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.




15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.




16.It is denied that the Claimant is entitled to the relief as claimed or at all.




Statement of Truth




I believe that the facts stated in this document being verified 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]

Hi is this Is it the right time to file my defence as the Issue Date was 10/06/202

[echat11]

Check the bits in 'red', read through it several times, if your happy with it, it can be filed with the Court via MCOL. You could send a copy to their solicitors.


In the Northampton County Court Business Centre

Claim No. XXXXXXXX

LOWELL PORTFOLIO LTD

And

XXXXXXXXXXX



1.The Defendant received the claim XXXXXXXX from the Civil National Business Centre on 10th June 2024.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for two Credit Card Agreements and a Credit Agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has entered into an agreement with Original Creditors for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fails to give a date when the agreements were entered into.

7.The Claimants statement of case states that the account was assigned from Paypal Europe Sarl and Capital One to LOWELL PORTFOLIO LTD but no dates was given. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Paypal or Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the 10/07/2024 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to LOWELL PORTFOLIO LTD. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.LOWELL PORTFOLIO LTD has not sent any of these documents to the Defendant.

11.On the 10/07/2024 The Defendant sent a formal request for a copy of the original agreements to LOWELL PORTFOLIO LTD. pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £3 fee.

12.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his Defence, and would ask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence being verified 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]

Hi is this Is it the right time to file my defence as the Issue Date was 10/06/202

Yes, it's fine to file it today.

[junkmanukuk]

Many Thanks