Claim Form Lowell for Paypal Europe & Capital One Europe

[junkmanukuk]

Hi i was wondering if u managed to look at my witness statement?

Thanks

[echat11]

Hi i was wondering if u managed to look at my witness statement?

Thanks

Your Witness Statement needs to be worked on over the next few days.

You've stated the following in 'Background',

1. 'Due to this lack of information, I am unable to properly understand or respond to the specific allegations made against me'.

Shouldn't your position be, you've requested copies of CCA, Default Notice and Letters of Assignment, they've failed to provide the requested documentation, where they have provided it, it isn't compliant under the Consumer Credit Act 1974 and The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

You should have a final paragraph where you 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.

Your Witness Statement needs to demonstrate that you asked for the documentation, they failed to provide it, if they provided it, it's not compliant.

If you state the underlined, you aren't taking a position.

You need to gather the evidence they have provided for each account, label the documents as Exhibit 1, Exhibit 2 etc. Number pages, cross reference the documents in to the Witness Statement. (you should really do that with every document you received in the case i.e. Claim Form, Directions Questionnaire etc).

You've got 'Background', then you've got 'The Claimants Claim', then you've got 'Documents Requested', then 'The Law', then 'Received Documents' and 'Conclusion - Strike Out'. There can be other headings.

[junkmanukuk]

Hi

Ive update a bit as i really am lost with all this

Hopefully i will get there in the end

Thanks

[junkmanukuk]

Hi i just was wondering when i have to get it in by?

Thanks

[echat11]

Hi i just was wondering when i have to get it in by?

Thanks

Tomorrow. I'll have more suggestions and some questions.

[junkmanukuk]

Thanks

[echat11]

1***Paypal Europe - Credit Account - November 2015***

a) * Reconstructed Agreement - check the address
its from a previous address when we took out the agreement

Any anomalies with the Reconstructed Agreement?

b) Have they provided variation terms and conditions i.e. if the APR goes up etc?
Apr is 17.9% variable and the credit limit is £1500

Has the interest rate gone up?, has the credit limit gone up?
Check statements?

c) Have they provided a Default notice?
No never received one

That goes in your Witness Statement for this account.

Check the letter of assignment for errors?
We never received one from paypal only one from Lowell on non headed paper saying it was transferred on the 21/09/2023 but on there letter dated 12th july 2024 theres no mention of date to when it was transferred to lowell but both capital ones do provide a date

Lowell's should put it on headed paper so you can identify them, that goes in your Witness Statement.

2***Capital One - Credit Card***

a) No Agreement? yes we have a credit card agreement sent by capital one

Is it compliant? Does it have all the Prescribed Terms.

b) Have they provided variation terms and conditions i.e. if the APR goes up etc?
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'.

c) Have they provided a Default notice?
yes was sent on the 12/11/2022 the a statement of default 15/12/2022 but overdales say that the default date provided to our client was 14/12/2023

So they haven't provided a Default Notice with the 14/12/2023, but one was received on 12/11/2022?
They might just be making up dates. That goes in your Witness Statement.
How did Overdales state that the Default date is 14/12/23?


d) Check the letter of assignment for errors?
just says it was sold to Lowell on the 21/09/2023 but on another none headed paper its saying it was sold on the 22/09/2023 dont know if that makes any difference

If Overdales are saying the Default date is 14/12/23, then how can the Letter of Assignment be 21 either 22 /09/23?
No headed paper, again goes into your Witness Statement.




3***Capital One - Credit Card***

a) No Agreement?
yes we have a credit card agreement sent by capital one

Did Overdales send one? Is it compliant?

b) Have they provided variation terms and conditions i.e. if the APR goes up etc?
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'.

c) Have they provided a Default notice?
yes was sent on the 22/11/2022 the a statement of default 26/12/2022 but overdales say that the default date provided to our client was 24/12/2023

So they haven't provided a Default Notice with the 24/12/2023, but one was received on 12/11/2022?
They might just be making up dates. That goes in your Witness Statement.
How did Overdales state that the Default date is 24/12/23?

d) Check the letter of assignment for errors?
just says it was sold to Lowell on the 21/09/2023 but on another none headed paper its saying it was sold on the 22/09/2023 dont know if that makes any difference

If Overdales are saying the Default date is 24/12/23, then how can the Letter of Assignment be 21 either 22 /09/23?
No headed paper, again goes into your Witness Statement

You need to get an evidence bundle together to go with your Witness Statement, the documents need to be labelled i.e. Exhibit 1 etc. the pages need to be numbered.

All the Paypal documents together, same with the other two accounts. They will need to be cross referenced in your Witness Statement.

[junkmanukuk]

Hi thanks Does this all need to be done today?

Thanks

[echat11]

Hi thanks Does this all need to be done today?

Thanks

No, by tomorrow afternoon would be good, I'll add some more suggestions tomorrow morning.

[junkmanukuk]

Please bare with me i will update as i go


1***Paypal Europe - Credit Account - November 2015***

a) * Reconstructed Agreement - check the address
its from a previous address when we took out the agreement

Any anomalies with the Reconstructed Agreement?

b) Have they provided variation terms and conditions i.e. if the APR goes up etc?
Apr is 17.9% variable and the credit limit is £1500

Has the interest rate gone up?, has the credit limit gone up?
Check statements?

c) Have they provided a Default notice?
No never received one

That goes in your Witness Statement for this account.

Check the letter of assignment for errors?
We never received one from paypal only one from Lowell on non headed paper saying it was transferred on the 21/09/2023 but on there letter dated 12th july 2024 theres no mention of date to when it was transferred to lowell but both capital ones do provide a date

Lowell's should put it on headed paper so you can identify them, that goes in your Witness Statement.

2***Capital One - Credit Card***

a) No Agreement? yes we have a credit card agreement sent by capital one

Is it compliant? Does it have all the Prescribed Terms.

b) Have they provided variation terms and conditions i.e. if the APR goes up etc?
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'.

c) Have they provided a Default notice?
yes was sent on the 12/11/2022 the a statement of default 15/12/2022 but overdales say that the default date provided to our client was 14/12/2023

So they haven't provided a Default Notice with the 14/12/2023, but one was received on 12/11/2022?
They might just be making up dates. That goes in your Witness Statement.
How did Overdales state that the Default date is 14/12/23?


d) Check the letter of assignment for errors?
just says it was sold to Lowell on the 21/09/2023 but on another none headed paper its saying it was sold on the 22/09/2023 dont know if that makes any difference

If Overdales are saying the Default date is 14/12/23, then how can the Letter of Assignment be 21 either 22 /09/23?
No headed paper, again goes into your Witness Statement.




3***Capital One - Credit Card***

a) No Agreement?
yes we have a credit card agreement sent by capital one

Did Overdales send one? Is it compliant?

b) Have they provided variation terms and conditions i.e. if the APR goes up etc?
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'.

c) Have they provided a Default notice?
yes was sent on the 22/11/2022 the a statement of default 26/12/2022 but overdales say that the default date provided to our client was 24/12/2023

So they haven't provided a Default Notice with the 24/12/2023, but one was received on 12/11/2022?
They might just be making up dates. That goes in your Witness Statement.
How did Overdales state that the Default date is 24/12/23?

Sorry
IT WAS SENT ON 12TH JULY 2024 BY OVERDALES
the default date provided to our client was 14th Dec 2022 not 2023

d) Check the letter of assignment for errors?
just says it was sold to Lowell on the 21/09/2023 but on another none headed paper its saying it was sold on the 22/09/2023 dont know if that makes any difference

If Overdales are saying the Default date is 24/12/23, then how can the Letter of Assignment be 21 either 22 /09/23?
No headed paper, again goes into your Witness Statement

You need to get an evidence bundle together to go with your Witness Statement, the documents need to be labelled i.e. Exhibit 1 etc. the pages need to be numbered.

All the Paypal documents together, same with the other two accounts. They will need to be cross referenced in your Witness Statement.

[junkmanukuk]

To be honest thanks for all your help but we are thinking of going to court and just going in a just pleaded were here we don't know what were doing

Im not likely to get it done by tomorrow afternoon as i work till 4

And like i said im completely lost with all this they have sent me about 1000 pages of documents to go through even more they have even sent different accounts for capital one etc

It may have been easier with 1 case but 3 cases

Its ok filling forms etc and sending them off from templates but this im completely lost

Unless i can simplicy my witness statement as best i can just to sate that ive never received a default notice from Paypal or Lowells and see how that goes

I think ive run out of time and will go to court and hope for the best and if i do have to pay i will pay the least i can each month

Thanks Again

[echat11]

To be honest thanks for all your help but we are thinking of going to court and just going in a just pleaded were here we don't know what were doing

Im not likely to get it done by tomorrow afternoon as i work till 4

And like i said im completely lost with all this they have sent me about 1000 pages of documents to go through even more they have even sent different accounts for capital one etc

It may have been easier with 1 case but 3 cases

Its ok filling forms etc and sending them off from templates but this im completely lost

Unless i can simplicy my witness statement as best i can just to sate that ive never received a default notice from Paypal or Lowells and see how that goes

I think ive run out of time and will go to court and hope for the best and if i do have to pay i will pay the least i can each month

Thanks Again

You are almost there, just get it done as soon as you can, it's pretty straightforward and not as complex as you think.

[junkmanukuk]

Thanks for your patience i will update tomorrow when ive gone through everything

Many thanks

[junkmanukuk]

This is my Witness statement at the moment

[junkmanukuk]

Right im doing the paypal one

Any anomalies

It looks like the contract on the ones Paypal sent me ie credit limit goes from 1 Credit limit 1.1 to 1.3 but on the ones Lowell sent me have added more info into them 1 Credit limit 1.1 to 1.6 also theres things added in the lowell ones

On looking at the contracts i have the official ones are all with 17.9 % variable credit limit £1500 with 4.1 Transactions at a rate of 17.9%

I have loads of others they dont look official photo copies that are ranging from 17.9% 19.9% to 25.9% variable

Im sure the credit limit went up to £2500 but i have no documents to say that


Lowell's should put it on headed paper so you can identify them no it was just on plain paper


I dont know what to make of it ive got about 10 or more Credit agreements i dont know whats right or wrong or if there from lowells or Paypal them selves

This all getting a bit to much im afraid