Overdales/Paypal

[Ardross12]

Hi many thanks for warm welcome.
And very quick professional helpful response.

[ULA]

Hi and to LB.

Please post up what your issue is and our community will see how we can assist you.

[DE DOGS]

I would hazard a guess problems with PayPal. ?. I would never use them again, I will not disclose details, except NEVER AGAIN.

[Ardross12]

Hi
I've finally found time to seek advice regarding a county court claim
Claimant Lowell Portfolio 1 Ltd
Via Overdales Solicitors
Ref PayPal account, for approx. £2600.
Its my wife's debt, but I wish to help..
Youve helped me in the past, and I would appreciate help for the future.
ISSUE DATE 08 AUG 2024
Received 13 AUG 2024
Acknowledgment of service 22 AUG 2024 via money line.

Having looked at your detailed advisory guide I've worked out that I've until10/09/2024 to get together a defence.
The simpler the better.
I did speak once briefly to Overdales, my wife was very nervous, so she gave me permission to speak to them, which they duely noted, on the 13th of August. It was a general chat, they had no idea I was defending the claim.
They were assuming they were going to get judgement, and we would have 5 months to pay, under court rules.
How would, and "should" I now proceed
Many thanks

[echat11]

a) Send a SAR request to Paypal, 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/

b) Send a CCA request to Lowell, 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/

c) 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/

d) 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.

[Ardross12]

Many thanks for your very prompt reply. I will get the letters reference a, b, c sorted out later today.
Regarding defence, due to me misreading, it looks like I have little time, please advise.
As mentioned
Issue print 08/08/2024
Receved 13/08/2024.
So 28 days is the 10/08/2024.
Take note of all your comments
Many thanks

[Ardross12]

Reference
Particulars of Claim
The claim is for the sum of £0000.00 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account reference of****************

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 21-04-23, 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 assignment to the date of issue of these proceedings in the sum of£0.00.
The Claimant claims the sum of £0000.00

Just wanted to make sure you had the correct " nuonces"as I'm fully aware that I have no legal training
Kind regards

[echat11]

Many thanks for your very prompt reply. I will get the letters reference a, b, c sorted out later today.
Regarding defence, due to me misreading, it looks like I have little time, please advise.
As mentioned
Issue print 08/08/2024
Receved 13/08/2024.
So 28 days is the 10/08/2024.
Take note of all your comments
Many thanks

Have a go at the example Defence, copy and paste back to this thread without personal details.

[Ardross12]

Thanks
I will try to copy and paste not my strongest "art form"
Kind regards

[Ardross12]

Claim No

LOWELL PORTFOLIO 1 LTD
Claimant

And

***** ****

Defendant

DEFENCE

1.The Defendant received the claim (**) from the Northampton County Court 13/08/2024

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 loan agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with PayPal 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 contend the alleged debt is statue barred by virtue of Section 5of the Limitations Act 1980 in that no payment or acknowledgement has been made for over 6 years)

8.The Claimant's statement of case states that the account was assigned from PayPal to LOWELL on 21:04/2023.The defendant does not recall receiving notice of this assignment.

9.It is deemed that Lowells 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 Notice and Notice of Assignment.

10.I haven't sent them yet?
11 haven't got solicitor?

12 On the ** The Defendant sent a formal request for a copy of the original agreement to Lowells
pursuant to section (77 or 78) of the Consumer Credit Act 1974 along with the statutory £1 fee

13, 14, 15, 16,17,18
Which ones

[Ardross12]

Morning team
Apologies for delay
I wanted to emphasise how much I appreciate your help.
The last few days I have had a few personal issues, caring roles for elderly, and important universal credit interviews etc.
However I'm prepared to get back on track today
I've hand written the above as I don't no how to copy and paste.
I have a basic undedstanding

[Ardross12]

Sorry pressed button by mistake!
I will take note of all your professional advive

[Ardross12]

Sorry advice

[echat11]

Email Overdales / Lowells (you could copy in the Court), ask for an extension as you haven't sent the CCA / SAR / CPR.

Your request is being made under CPR 15.5., write as follows, make sure you include the Court claim details.

'The Defendant seeks an extension under CPR15.5 so the Claimant can provide the requested information to the Defendant.'

[Ardross12]

My understanding then to do now!
Claimant lowells
Address overdales
So email both
Claim number LOWELL reference

The sentence above immediately
As I've now got a printer I'm doing
CCA/SAR/CPR
now is a personal cheque ok, or is it postal order preferred