Lowell/Overdal County Court Action – advice needed

[echat11]

Paperwork Can you edit the reference number.

What are your thoughts? Do you have reasons / evidence to defend the claim?
Has the CCA provided got all the prescribed terms i.e. credit limit, APR etc?
Have they provided a copy of the agreement when they have 'varied' the Terms and Conditions?
Have they provided a Default Notice? Letter of Assignment?

Fill in the following, copy / paste back on to this thread without personal details.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[Paperwork]

Reference number is just 1-9 in sequence – it's not the real reference number.

I don't know if I have clear reasons/evidence to defend the claim – I essentially forgot this existed and have not yet been able to check the amounts are correct, etc. I don't think I have any papertrail at all to do so.

CCA looks correct to me, although it is with PayPal Luxembourg, which seems odd.

I am unsure how to check if they have varied the T&Cs.

They have not provided a Default Notice or Letter of Assignment.


Received a claim? Yes/No: No (but Ovedales insist it has been issued).
Issue Date: Not received but they say the issue date is 20/02/24
Have you Acknowledged the Claim?: No, not received.
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000): £2000
Claimant’s Name:
Solicitors Firm:
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 ): Not received.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not barred.
List any letters you have sent (eg: CCA/ CPR ): None.
Any Other Information or Background Details:

[echat11]

a) Email Overdales, request an extension to file your defence as allowed under CPR 15.5, they should agree.

b) Send Paypal a SAR request, 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/

c) Send Overdales a CPR 31.14 request, they have 7 days to provide the requested documentation.

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

d) Send Lowell's a CCA request, they have 12 days to provide the requested document, make sure you get Proof of Postage.

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

e) The following is an example defence, have a go, copy / paste back onto this thread without personal details.

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

When you get the requested documentation, you will be able to answer the following questions -

I am unsure how to check if they have varied the T&Cs.

They have not provided a Default Notice or Letter of Assignment.

[Paperwork]

Many thanks. A couple of quick questions as I have never done this before.

a) If they agree, how do I notify the court?
b) At what address should I send the SAR request to PayPal? The Luxembourg address?
c) Can I send the CPR31.14 before receiving the claim forms from the court (which I have still not received) or do I need to wait?

[echat11]

Many thanks. A couple of quick questions as I have never done this before.

a) If they agree, how do I notify the court?
b) At what address should I send the SAR request to PayPal? The Luxembourg address?
c) Can I send the CPR31.14 before receiving the claim forms from the court (which I have still not received) or do I need to wait?

a) If they agree, how do I notify the court?

You don't need to, Overdales won't go for Judgement (but for peace of mind, send the Court an email stating that Overdales has given you an extension).

b) At what address should I send the SAR request to PayPal? The Luxembourg address?

UK address - Data Protection Officer, PayPal UK Ltd at Whittaker House, Whittaker Avenue, Richmond-Upon-Thames, Surrey, United Kingdom, TW9 1EH.

c) Can I send the CPR31.14 before receiving the claim forms from the court (which I have still not received) or do I need to wait?

I wouldn't wait, just send the request to Overdales.

[Paperwork]

I've noticed a discrepancy. In the email, Overdales say "This agreement was applied for using the email address [which is my current email address]". In the CCA they have sent me, a different email is listed. This may just be a mistake in their drafting of the email; presumably I should look out to see if the Claim references a different email address to the CCA?

[echat11]

I've noticed a discrepancy. In the email, Overdales say "This agreement was applied for using the email address [which is my current email address]". In the CCA they have sent me, a different email is listed. This may just be a mistake in their drafting of the email; presumably I should look out to see if the Claim references a different email address to the CCA?

Yes, check for and make note of all anomalies.

[Paperwork]

I've received a letter from Overdales but still nothing from the Court. The Overdales letter summarises the particulars of the Claim and includes a Response Form (N9).

In the letter, Overdales say that the original claim was served on 20 February and that I had 19 days to respond. They say they will grant me 14 further days to respond, and that therefore a response will be due by 5 April. But with the bank holidays and posting time, that gives me only one day to compose a response, and I haven't received any of the documents I requested from Overdales (CPR 31.14) on 21 March.

Do I need to respond so quickly?

[echat11]

You can lodge your Defence with the Court online via MCOL by 4th April.
You have sufficient detail to lodge your Defence (don't worry that they haven't responded to your requests), what you are doing specifically is addressing the Particulars of Claim.

Have a go at your Defence, copy and paste back to this thread without personal details, I can take a look.

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

[Paperwork]

I can't lodge my defence online – because I haven't received the Claim pack from the Court, I don't have a password to enable me to do so.

[echat11]

I can't lodge my defence online – because I haven't received the Claim pack from the Court, I don't have a password to enable me to do so.

You'll have to post it, there's just over a week so plenty of time.

The thing is, if you go the 'I haven't received my pack from the court' route, trying to chase that, you will miss the 5th April deadline.

[Paperwork]

Okay, I've attempted to write a defence, using the example defence and adding in a number of discrepancies and ambiguities in the information supplied; I have removed the statement about admitting/denying opening the credit account as it's difficult for me to give a straightforward answer to this – I do have a PayPal account, but I've got genuine doubts that the Credit Agreement claimed is actually connected to my account, for reasons I've included in the defence.

Please let me know what you think.

In the [Northampton County Court Business Centre]
Claim No: [XXXXX]
[Claimants Name]
Claimant
And
[Defendants Name]
Defendant
DEFENCE
1. The Defendant received the claim [Claim Number] from the Claimant’s solicitor, Overdales, on the 27^th of March 2024. The Defendant has not received a copy of the claim from the Court. The Defendant was first notified of this apparent Claim by Overdales, via email, on the 16^th of March 2024.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Credit Agreement regulated under the Consumer Credit Act 1974.
4. The Claimant’s statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The Claimant’s statement of case states that the account was assigned from PayPal to Lowell on [Date]. The Defendant does not recall receiving notice of this assignment. The Claimant has not provided a copy of this notice of assignment.
6. It is denied that PayPal 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. The Claimant has not provided evidence of this notice, which the Defendant has requested.
7. On the 21^st of March 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. The Defendant requested the Claimant provide copies of the Credit Agreement, Default Notice and Notice of Assignment.
8. Overdales has not sent any of these documents to the Defendant.
9. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of the Claim from the court and documents (as allowed under CPR 15.5). The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to the 5^th of April 2024. However, the Claimant has failed to supply the requested documents.
10. In letter from Overdales of the 22^nd of March 2024 (Document 1, attached), it is claimed that the agreement was in relation to a PayPal account with a reference of [Reference Number]. However, no such reference number appears in the Credit Agreement provided by the Claimant (Document 2).
11. Further, it is stated on PayPal’s own site that “Your PayPal account is not identified by an account number or ID.” (Document 3, available at: https://www.paypal.com/uk/cshelp/art...number-help150). The Claimant therefore has not demonstrated that this reference number is associated with the Credit Agreement provided, or that either is therefore valid.
12. In an email from Overdales of 21^st of March 2024 (Document 4), it is stated that “This agreement was applied for using the email address ‘[email address]’”.
13. However, the Credit Agreement provided by the Claimant (Document 5) refers only to [a different email address].
14. The email address cited in the Credit Agreement is associated with an Internet Domain that registered only on the [date in 2021], as recoded by the WHOIS online database of domain name registrations (shown in Document 6 and available online at [URL]).
15. The Credit Agreement provided by the Claimant and identified by the email address [other email address] is dated 22/06/17.
16. This date precedes the apparent registration of the domain name associated with the listed email address by three years. The Defendant has no knowledge or recollection of the domain name [domain name] or the email address [email address] being in use prior to the 20^th of January 2021 and does not believe it could have been used to validly enter into a Credit Agreement prior to that date.
17. In the same email from Overdales of 21^st of March 2024 (Document 4), it is stated that “this account was opened on 20/04/17”.
18. This date does not appear in the Credit Agreement provided by the Claimant, which instead records a signing date of 22/06/17.
19. 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.
20. 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.
21. 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.
22. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands 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]

You need to follow the example format, everything you've added can go into you Witness Statement (later on). At this point all you are doing is addressing the Particulars of Claim on the claim form.

Also, you really need to answer the following 'admitting/denying opening the credit account as it's difficult for me to give a straightforward answer to this'. If you don't remember, 'then deny opening it'.

Redo it, then I can go through it.

[Paperwork]

Okay, that being so, how about this version? On balance, I have decided to admit opening the account as I have previously had a PayPal Credit account. What I don't recall are any arrears and I'm also doubtful that the paperwork Overdales have provided is really for the case in question.

I've had to amend section 1 as I have not received the Claim from the Court at all. I'm reliant on Overdales's summary of the particulars.

Thanks again for your help so far.

In the [Northampton County Court Business Centre]
Claim No: [XXXXX]
[Claimants Name]
Claimant
And
[Defendants Name]
Defendant
DEFENCE
1. The Defendant received the claim [Claim Number] from the Claimant’s solicitor, Overdales, on the 27^th of March 2024. The Defendant has not received a copy of the claim from the Court. The Defendant was first notified of this apparent Claim by Overdales, via email, on the 16^th of March 2024.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Credit 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 Claimant’s 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 Claimant’s statement of case states that the account was assigned from PayPal to Lowell on 23-06-23. The Defendant does not recall receiving notice of this assignment.
8. It is denied that PayPal 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 21^st of March 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. The Defendant requested the Claimant provide copies of the Credit Agreement, Default Notice and Notice of Assignment.
11. Overdales has provided the Credit Agreement but no Default Notice or Notice of Assignment.
12. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / 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][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands 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]

You can still send the following off and keep no.10 in.

a) Send Lowell's a CCA request, they have 12 days to provide the requested document, make sure you get Proof of Postage.

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

Read it a couple of times, it's ready to be posted to the Court.

In the [Northampton County Court Business Centre]
Claim No: [XXXXX]
[Claimants Name]
Claimant
And
[Defendants Name]
Defendant

DEFENCE

1. The Defendant received the claim [Claim Number] from the Claimant’s solicitor, Overdales on the 27^th of March 2024. The Defendant has not received a copy of the claim from the Court. The Defendant was first notified of this apparent Claim by Overdales, via email on the 16^th of March 2024.

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

3. This claim appears to be for a Credit 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 Claimant's 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 Claimant's statement of case states that the account was assigned from PayPal to Lowell on 23-06-23. The Defendant does not recall receiving notice of this assignment.

8. It is denied that PayPal 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 21^st of March 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. The Defendant requested the Claimant provide copies of the Credit Agreement, Default Notice and Notice of Assignment.

10.On the XX/XX/XXXX The Defendant sent a request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee

11. Overdales has provided the Credit Agreement but no Default Notice or Notice of Assignment.

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 the facts stated in this Defence 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 ________


(Just for reference - a) Overdales has provided you with the Particulars of Claim which will be on the claim form, so you'll need to check the Defence against the facts in the Particular of Claim. Copy the Particular of Claim add to thread. b) Why have you left no. 10 out?)