New Claim Overdales

[liberty24]

Received a claim? Yes/No: Yes
Issue Date: 7.12.23
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £3600
Claimant’s Name: Lowell Portfolio Ltd
Solicitors Firm: Overdales Solicitors
Original Creditor: PayPal
Original Debt (eg. Credit card/Loan/Overdraft) : Credit
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): 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 19-05-22, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of the assignment of the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of XXXX.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Unsure, awaiting information from subject access request as to date account was opened, but have not been in contact with them or acknowledged the debt.
List any letters you have sent (eg: CCA/ CPR ): CCA
Any Other Information or Background Details: Nothing comes to mind.

[echat11]

Hi Liberty

Welcome to LB

A) You can Acknowledge of Service online via MCOL, (deny to all) that will give you an extra 14 days to file your defence, so that's 14 + 14, 28 days (plus 5 days postal, but don't rely on them) from the date on the claim form, make a note in your diary, as your Defence needs to be in within the 28 days.

B) Send a 31.14 request to the Overdales Solicitors on the claim form, they have 7 days to respond after receipt of letter (keep an eye on that). Make sure you get Proof of Postage.

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

C) Send a CCA request to PayPal, they have 12 days to provide a copy of the agreement, make sure you get Proof of Postage.

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

D) Send a SAR to Paypal, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

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

You need to lodge your Defence with the Court and their solicitor within 28 days. Do not forget.

Update the thread when you get the requested information, but 5 days before your Defence is due we can advise.

[liberty24]

Thank you for your advice. I have not received any information that I requested following your advice and have now submitted my defense online using the template letter, but adapting it to suit:

Claim No: xxxxxxxx

Lowell Portfolio Ltd

Claimant

And

xxxxxxxx

Defendant

DEFENCE

1.The Defendant received the claim (claim number xxxxxxx) from the Northampton County Court on XX^th December 2023

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

3.This claim appears to be for a digital Credit Card agreement (PayPal credit) regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with PayPal Ltd. 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 fail to state when the agreement was entered into

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgement has been made for over 6 years.

8.The Claimants statement of case states that the account was assigned from PayPal Ltd. to Lowell Portfolio Ltd. on XX/XX/22. The Defendant does not recall receiving notice of this assignment.

9.It is denied that PayPal Ltd. 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 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.

10.On the 15/12/23 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

11.Overdales Solicitors has not sent any of these documents to the Defendant.

12.On the XX/XX/23 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 £1 fee.

13.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.

15.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.

16.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.

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

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

Statement of Truth

I believe the that the facts stated in this defense 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 (Name of defendant)

Dated XX/XX/XX

[echat11]

You need to be 100% sure regards no7,

have you made payments or acknowledged the debt in writing in the last 6 years?

If the answer is no or you don't know, leave that out (if you believe that is the case later on, it can go in your Witness Statement.

Also you need to renumber your defence.

[liberty24]

Have now received the following from overdales.. the Credit agreement and a statement of the account, the credit agreement looks fine apart from having no date or signature, the statement of account is very hard to read as it is in such a small spreadsheet. They have stated in the letter that the account was opened 5th feb 2019 but have sent no proof of this, they state the last payment date was the 28th nov 2021, however this is incorrect, as on the statement this payments were reversed by paypal as they were unable to collect.
On the same day i had another letter with regards to mediation which they have filled out, requesting a telephone hearing.

What would be the best course of action at the moment, am still waiting to see if they send anything else I requested.

[echat11]

a) It sounds like the account was taken out online? thus no signature / date,
b) So the statement of account is 'illegible'.
c) 'They have stated in the letter that the account was opened 5th feb 2019 but have sent no proof of this', should be on the agreement they sent.
d) they state the last payment date was the 28th nov 2021, however this is incorrect, as on the statement this payments were reversed by paypal as they were unable to collect. That's important, the data they have is incorrect.

Wait for the Court to send you the Directions Questionnaire, you should receive it in a couple of weeks. Once you receive it, update the thread (you want mediation, but need them to comply regards your documentation request).

[liberty24]

OK thank you, so do i need to chase them for the rest of the documents requested previously? Is there anything i should be doing to prepare for the mediation hearing?

[echat11]

OK thank you, so do i need to chase them for the rest of the documents requested previously? Is there anything i should be doing to prepare for the mediation hearing?

When you get the DQ you can state that you want mediation, but some of the requested documents they have sent are 'illegible'.

[liberty24]

Hello, still not received anything with regards to mediation, do i need to contact anyone? Also have had a further look through the statement and there is no closing balance it is just a list of transactions.

[echat11]

Hello, still not received anything with regards to mediation, do i need to contact anyone? Also have had a further look through the statement and there is no closing balance it is just a list of transactions.

Try to stay calm.

Nothing happens in the Courts over the Christmas break , so 2 weeks there, then they already have a 'backlog', so it's going to take time. Do stuff you enjoy, don't focus on it, but also don't lose track of it.

[liberty24]

Thank you was worried they would just go ahead with things.
Also have now received the SAR from lowells, they have sent me three copies of the same credit agreement, the statement of transactions as before, also a sheet with the three last purchases the dates of default and determination and the last statement balance which is around £690. They do have another claim with regards to a credit card with HSBC but very little information about that has been sent just the amount which is around £3000. So the PayPal debt amount that they have sent is incorrect

[echat11]

Thank you was worried they would just go ahead with things.
Also have now received the SAR from lowells, they have sent me three copies of the same credit agreement, the statement of transactions as before, also a sheet with the three last purchases the dates of default and determination and the last statement balance which is around £690. They do have another claim with regards to a credit card with HSBC but very little information about that has been sent just the amount which is around £3000. So the PayPal debt amount that they have sent is incorrect

So there are 2 debts, Paypal and HSBC.

a) they have sent me three copies of the same credit agreement, the statement of transactions as before, also a sheet with the three last purchases the dates of default and determination and the last statement balance which is around £690.

Questions for Paypal:

Did you sign up to Paypal online?
Do the agreements look compliant?
Do they have prescribed terms?
Have they sent a copy of the Default Notice?
Have they sent Notice of Assignment?

b) They do have another claim with regards to a credit card with HSBC but very little information about that has been sent just the amount which is around £3000. So the PayPal debt amount that they have sent is incorrect.

Same questions as above for HSBC:

Did you sign up to HSBC online?
Do the agreements look compliant?
Do they have prescribed terms?
Have they sent a copy of the Default Notice?
Have they sent Notice of Assignment?

You need to check what they've sent to make sure it complies.

[liberty24]

Yes there are two debts however. They claim that I owe PayPal over £3000. Which is incorrect according to the information they have sent. I have not received any court claim for hsbc and there is very little information in the SAR they have sent. Still haven't received the mediation questionnaire from the court as yet.

[liberty24]

They have not sent the default notice as far as I can see. The PayPal credit agreement looks all ok, it was signed up online.

[echat11]

Yes there are two debts however. They claim that I owe PayPal over £3000. Which is incorrect according to the information they have sent. I have not received any court claim for hsbc and there is very little information in the SAR they have sent. Still haven't received the mediation questionnaire from the court as yet.

a) Yes there are two debts however.

On this thread you are only dealing with - Paypal

b) They claim that I owe PayPal over £3000. Which is incorrect according to the information they have sent.

O.K. so make a note of that. Write a 'breakdown' of what you believe it should be.

c) I have not received any court claim for hsbc and there is very little information in the SAR they have sent.

Go through the SAR see if there is anything that doesn't make sense.

d) Still haven't received the mediation questionnaire from the court as yet.

It's a Directions Questionnaire which asks whether you want Mediation, they do take some time to send.