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westgate22

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  1. so i take it when i get the mediation call on Tuesday i politely inform them that i don't have enough information to make an informed decision or something or the other to not go further with mediation?
  2. it is possible they could have got it from a social forum somewhere, they could have got it from email hacked lists as my email appears on there, can't deny i use that email as it's the same one i used to reply the mediation service & the same one i filled in on MCOL
  3. yes it is the same email as stated on the agreement & i assume this is where overdales got my email from
  4. ok thank you..... one thing i noticed is that credit agreement doesn't appear to have an account number or agreement number on it, don't know if it makes a differnce and no IP address either
  5. thanks DX for the reply. I couldn't edit the PDF so i converted it to Word but it refuses to save back as a PDF. I have also noticed that this agreement seems to have been duplicated 3 times, i am not 100% sure but possible that overdales have duplicated it. The ONLY thing i have edited on this is MY NAME MY ADDRESS MY EMAIL and i have highlighted them in red. Paypal Agreement.pdf
  6. hi all, i received an invite for mediation to take place on 6 Sept. I have emailed back to say i accept. I have tried to read other peoples threads on what to do during mediation but for most, IF i have understood correctly, you politely decline to continue during the call stating you don't have enough information & let it go back to the court to be dealt with. Additionally something i have noticed is that a lot of threads just kind of die off without the OP coming back and saying what happened. Could someone please tell me how or why it is beneficial for me to let it go back to the court because i don't get it. If it does go back to the court do i not then run the risk of getting a CCJ? I am trying to avoid a CCJ like the plague! My goal to achieve in this would be to avoid a CCJ, pay what i can afford for the time being towards this debt which is peanuts until i earn more. As far as i am aware, i have now been given copies of all the required paperwork by Overdales which i have uploaded on this thread unless something is missing that i have not spotted. I have also read 1 thread where a poster negotiated down to 10% of the original debt? Is this something i can do in my case?
  7. Great, thank you so much! Do i also need to send the EX730? On the one i have from the court it has a tick box, but the linked one does not have the same tick box available.
  8. this is what i received from overdales by email. There is also a 78 page credit agreement from paypal which i have not included just yet, unless it is wanted. overdale emailed docs.compressed.pdf
  9. when i check MCOL it says the following: A claim was issued against you on 20/05/2022 Your acknowledgment of service was submitted on 07/06/2022 Your acknowledgment of service was received on 08/06/2022 Your defence was submitted on 21/06/2022 Your defence was received on 21/06/2022 DQ sent to you on 14/07/2022 DQ filed by claimant on 14/07/2022 They probably have my email address from Paypal Do you mean the stuff they sent me by email?
  10. Hi guys, i have received a form N180 which i have attached. I have read it and it looks like i would be able to use the mediation service. When filling out this form am i correct in saying i only need to fill in A, tick yes to mediation, fill in B with my details inc phone & email and then sign the last page? Overdales did respond very quickly with a copy of my credit agreement, a notice of arrears, a statement, notice of assignment. In their email to me they have said their client is willing to use mediation: "Our client has confirmed their willingness to mediate in the Directions Questionnaire, which may result in settlement without further legal action and costs. Should you wish to accept our offer to engage in mediation, this would be conducted over the telephone by an independent Court mediator. If you agree to mediation, please ensure you tick the “yes” box in part A1 of your own Directions Questionnaire which will be sent to your directly from the Court" lowellN180.pdf
  11. Hi all, hope everyone is well. I haven't been on in a while, still trying to get used to working 2 jobs & getting by on 5hrs sleep has been pretty hard to get used to! I have to file my defence by today and would appreciate if someone could take a look please. I sent a CCA to Lowell & a CPR 31:14 to Overdales about a week ago, both were sent recorded but i can't find the slip to check tracking info! Should i re-send them again and this time make sure i don't lose the slip? Particulars of the Claim 1.The claim is for the sum of £2300 due by the defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference xxxx. 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 xx-09-21, notice of which has been given to the defendant. 4. The claim includes statuatory 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 £124. The claimant claims the sum of £2420. My 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 receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default. 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. As per Civil Procedure 16.5 it is expected that the Claimant prove the allegation that the money is owed. 6. 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.
  12. Thank you so much! Fingers crossed i don't get hammered for not doing by 4pm! Just a quick question, i am logged in now, Your Unique Reference - i assume i can leave this blank? Personal Details - again blank as they don't differ from claim form D.O.B. - do i need to fill this in? Tel & email - do i need to fill this in? to answer the question, did i take it out PRE BREXIT, i found the email that says i signed up to it Nov 2018, and it says "Credit is offered by PayPal (Europe) S.à.r.l et Cie, S.C.A which is duly licensed as a Luxembourg credit institution and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier."
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