rarelydarely
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Everything posted by rarelydarely
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Lowell claimform - old Paypal Debt
rarelydarely replied to robert_harper_2000's topic in Financial Legal Issues
sorry to hear this after you long journey :( -
Lowell claimform - old Paypal Debt
rarelydarely replied to robert_harper_2000's topic in Financial Legal Issues
I wish I could offer advice but can only offer support. I don't know what I would have done if mine had got this far. Only thing I can suggest is make notes of what you want to say, try not to waffle (hard I know) and make sure the judge knows you are not a professional. -
Lowell claimform - old Paypal Debt
rarelydarely replied to robert_harper_2000's topic in Financial Legal Issues
Yes, include every relevant issue in your case but the facts remain the DN & pre-brexit are what will win this, the rest just adds to your case. -
Lowell claimform - old Paypal Debt
rarelydarely replied to robert_harper_2000's topic in Financial Legal Issues
I didn't quote any Brexit legislation. You will confuse yourself if you try. You have 2 issues that should have this struck out the DN & pre-brexit. One or both of those issues saw my case discontinued. -
Lowell claimform - old Paypal Debt
rarelydarely replied to robert_harper_2000's topic in Financial Legal Issues
I really don't want them to win by default. You need to get your witness statement in. I never expected this to get to the hearing stage. Having skimmed the files you uploaded it seems they are using your lack of knowledge against you, don't let them. I think (please more knowledgeable correct me if wrong) you really must emphasise the Pre-Brexit issue & invalid default notice. But, you need to get your WS done & dusted a.s.a.p. -
Lowell claimform - old Paypal Debt
rarelydarely replied to robert_harper_2000's topic in Financial Legal Issues
Robert, I put mine as an example to help you write your statement. Don't use anything that doesn't apply to you. Oh and put it in your own words If you get this right, hopefully you just cost them the court fee. -
Lowell claimform - old Paypal Debt
rarelydarely replied to robert_harper_2000's topic in Financial Legal Issues
Robert I did post an update when mine was discontinued. I don't know which ones worked. You may or may not have the same grounds. A synopsis of the grounds I based my defence on: The DN was invalid as it only gave me 7 days to comply. Paypal EU failed to ever serve Notice of Sums in Arrears before defaulting the account. Paypal EU failed to send notice of assignment. They provided a copy of the alleged agreement although it cannot be an original copy agreement as any credit would have been taken out online and this copy is devoid of any signature or any IP Address or tick box verification pursuant to sec4 The Consumer Credit Act 1974 (Electronic Communications) Order 2004 . Therefore it is not properly executed pursuant to sec61 of the CCA1974. The alleged agreement provided is clearly a Paypal EU pre-brexit agreement which would render it out of this court’s jurisdiction. -
They never say why. The DN was invalid as it only gave me 7 days to comply. Anything else in my defence is probably irrelevant, but here are the points I based my defence on.. Paypal EU failed to ever serve Notice of Sums in Arrears before defaulting the account. Paypal EU failed to send notice of assignment. They provided a copy of the alleged agreement although it cannot be an original copy agreement as any credit would have been taken out online and this copy is devoid of any signature or any IP Address or tick box verification pursuant to sec4 The Consumer Credit Act 1974 (Electronic Communications) Order 2004 . Therefore it is not properly executed pursuant to sec61 of the CCA1974. The alleged agreement provided is clearly a Paypal EU pre-brexit agreement which would render it out of this court’s jurisdiction. Hope that helps.
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I'm posting this as encouragement to others. I never asked for help as I'm an old timer (4 wins since 2017) & took hints from other threads. For the 1st time ever, I wasn't allowed to say I need more info during mediation. I had to go through with it so offered to pay the amount on the original invalid default notice. They refused lol. I knew I had a strong case but was still dreading fighting it out in court. I was told it could take 30 weeks to get a date. Today received a discontinuation notice, checked on gov site where it did confirm this. So, if you are sure you are right, keep fighting.
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Lowell claimform - old Paypal Debt
rarelydarely replied to robert_harper_2000's topic in Financial Legal Issues
I think the DN isn't valid as it doesn't give you 14 days allowing for post -
I've just phoned my local court about this as I do not recognise owing £900 to Arrow Global. The Warrant is also in my former name which I stopped using over 10 years ago. The lady in the bailiffs office could only tell me it was for Drydens and ccj was issued Nov 2011, no other details available.. She agreed it wasn't surprising I could not find any official record of it. So, I know Arrow are a DCA and all they have is the ccj number, which, incidentally, I do not have. They are attempting to enforce a ccj I know nothing of but which appears to be 8 years old. Bailiffs office told me to contact Drydens. Where do I go from here please? The bailiffs are coming 31st August - not that I will open the door.
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i dont know what to do, not enough money to feed my daughter
rarelydarely replied to hannah7's topic in HSBC Bank
I've been there, done that and I know it's no fun. Go to DWP and apply for a crisis loan. Stop your benefit being paid into the bank. They will send you giros until you sort another account out, and/or apply for a post office account while you are there. Do it tomorrow, don't wait! The bank wont back down so don't waste time trying. Then start following the info in these forums for reclaiming your charges. -
rarelydarely v halifax
rarelydarely replied to rarelydarely's topic in Halifax Bank and Bank of Scotland
Maybe I need to buy some Nice & Easy but, which court do I take my N1 form to? We don't seem to have a county court, only a Crown court. -
rarelydarely v halifax
rarelydarely replied to rarelydarely's topic in Halifax Bank and Bank of Scotland
Hi Dusary, I do feel a lot better than my first post. Have got a fighting spirit now. I've been getting giros as they refused to leave my benefit alone. I do have a new account which my DLA is paid into though. I had to have a BACS recalled, which took ages but at least they didn't get hold of it. I had a quick look through the papers they did send (with a magnifying glass) and found nearly £1100, that's enough to spur me on LOL Bank employees must drink Horlicks -
rarelydarely v halifax
rarelydarely replied to rarelydarely's topic in Halifax Bank and Bank of Scotland
Thanks, I've done my non-compliance letter and I'll have that form completed ready to go once they've used up the 7 days. Looks like this is another delaying tactic. Almost impossible to work out charges with print outs and consulting abbrv. -
rarelydarely v halifax
rarelydarely replied to rarelydarely's topic in Halifax Bank and Bank of Scotland
Hi sea-sidelady, thanks, I did pay, was a Halifax cheque for £10 and it was cashed a few days before I received these print outs. So guess now I get back onto them demanding my statements? The letter claims they have sent me all they have to under SAR. ie, computer print outs & explanatory notes. -
Follow the steps in that link above - start court proceedings
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rarelydarely v halifax
rarelydarely replied to rarelydarely's topic in Halifax Bank and Bank of Scotland
I've received computer print outs (look more like screen captures) for all my accounts. They are extremely difficult to read due to the print size. I also have to interpret loads of codes to work out what it all means. Is this normal for Halifax? They are claiming there are no statements for 3 of these accounts, yet 2 are still open. There's also a print out of phone calls and I was always quoting the law with no evidence they have done wrong with regards my income support. The fun part is a record of them trying to phone me to offer me £29 of the £213 charges, but couldn't get hold of me and a claim that I hadn't pursued it, so I was put back in queue and the offer was withdrawn. -
I know what I think but I'm new to this so will bump you too.
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