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.