Ok so is this weird, These 2 letters from Overdales, one actually admitting that Paypal's original default notice was invalid, and the other is actually what they are saying is another default notice that Lowell sent me almost a year later. Take a look at the letters attached and tell me this isn't just a load of BS? lowell letters.pdf

You are wasting your time with Citizens advice, you are wasting time contacting the DCA, You are wasting your money paying another penny of this debt. You sent a CCA request and they haven't come up with anything, that's all you need. They won't come up with anything after 12 years, just stop paying right now.

I'm going to do just that

And... Right on cue lol, arrived in the post this morning. Should I wait until I receive one from the court before doing anything?

Ignore

Have you not been receiving any mail at all? My car is nil tax and I still receive a reminder every year to re apply for tax on line, Have you moved recently?

So no warning whatsover, had you actually not paid the Tax?

What's it for?

Thanks for that,

Yup, well so far they have lied to me about responding to a CCA, are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.

When I first responded to the PAPLOC, and received that 29 page junk back it was accompanied with a letter saying that they had already responded to my request back on Feb 18th 2023,(I never received it). I was just clearing out some paperwork today and found a letter from Lowell, dated Feb 17th 2023, explaining that they were still waiting for the documents from PayPal, and my account was on hold until further notice. Does this mean they were lying and can it be used against them if this goes any further? I have now filed my defence, and have had an acknowledgement from Overdales and the court. A little threatening from Overdales , explaining that part of my defence was invalid because they have now complied with the CCA, and they were still waiting for the Default notice from PayPal.

In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments. Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss, You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.

Definitely,

AMEX and TSB the 2 Creditors who you need to worry about the least, ever! Just stop paying them and forget about it, ignore all their threat o gram letters. Only if, and with these 2 it's a massive if, you end up with a claim form you need to respond, and there will be plenty of help here.

Always send with proof of posting from your Post Office, so there is a trail. Conversations , are designed to intimidate into paying, Emails are designed as another way of bombarding. Only EVER communicate in writing, by post.

I have a debt that went SB in 2020, Capquest are still occasionally writing begging letters, i just chuck em in the recycling.

Lowell , Cabot etc, I'm not sure how I can politely put this, but F taking money from your kids mouths to pay them!

I concur with DX here, I have been in mega debt, best thing I ever did was find this place and ignored everything.

Why are you paying them anything? you are just running out the statute barred clock to infinity. Personally I'd stop paying them immediately, and ignore any further communication from them unless it's a letter of Claim. Also have you moved since taking out the Credit card, if so you need to write to them with your current address.

Great , that makes sense, I will leave is as it is .. Thanks

I've just taken another look through the stuff they sent me in response to the CPR request, the notice of assignment isn't the original , it's on a plain sheet of non letterhead paper, in fact it could have easily been typed up by Overdales, or anybody really. On the other side of the paper are standard Lowell terms and conditions that are only half on the page. Should this be part of my defence?

Cool would be good to get his input too, although i am wondering does the fact that they haven't provided a Default notice mean it's safe to say there isn't one in my defence?

I'm not sure if the fact that Overdales have 'requested a copy' of the Default notice and Statement in response to my CPR request actually means they don't have one or if it's some sort of a trick, that they will pull out at the last minute. Also they had ignored my CCA request from January 2023, but produced this standard 29 page agreement that everyone receives in response to my PAPLOC? In any case would the defence below be OK? POC for Reference 1. This claim is for the sum of £4000 due by the defendant under an agreement regulated by the consumer credit Act 1974 for a PAYPAL Account reference of 16 digit number . 2.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. 3. The debt was legally assigned to the claimant on Date in 2022 notice of which has been given to the defendant. 4. 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 to the sum of £0.00. The Claimant claims the sum of £4000 Defence The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have had financial dealings with PayPal in the past but cannot recollect the account number referred to by the Claimant. 2. Paragraph 2 is denied. I am not aware of service of a Default Notice by the original creditor the Claimant refers to within its particulars of claim. 3. Paragraph 3 is noted. On the 3/1/2023 I requested information related to this claim by way of a Section 78 request, which was received and signed for by the claimant on 5/1/2023. As of today, the Claimant has failed to respond to this request, and therefore remains in default of the section 78 request and therefore unable to enforce any alleged agreement until its compliance. 4. Therefore it is denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement and: (b) Show the nature of the breach and evidence by way of a Default Notice Pursuant to s.87(1) of the Consumer Credit Act 1974. 5. Paypal (Europe) S.A.R.L is out of the juristriction of English Courts. 6. As per Civil Procedure 16.5 it is expected that the Claimant prove the allegation that the money is owed. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.

That's excellent thanks very much, although i couldn't find the legalese to use the out of Juristriction part of my defence.

Give your local councillor a ring, I have had similar problems with WODC in the past when I lived round there, you can probably get the fees scrapped via the councillor, but you are going to likely need to pay the C TAX, although they will come to a flexible arrangement.