PayPal Credit CCJ

georgies1

Hi 

I’m just after a bit of advice really if possible!

Ive been issued with a default CCJ by Overdales / Lowell’s for what I’m assuming is my old PayPal Credit account. I missed deadlines for replying to claims etc because of being away however that’s a different issue....

I’m just really trying to find out what I can do from here - if I have any sort of case to try and get the CCJ set aside - either by consent or otherwise. 

The basic details are below:


The PayPal credit account was taken out beginning of 2018.

I don’t have a copy of any CCA anywhere.
All info about my PayPal Credit account has disappeared from my PayPal account. It’s not possible to see any statements, agreements etc etc. Which I am to believe after some research isn’t a situation unique to me at the moment. Lots of people unable to make payments etc because all info about their account has just vanished.

 I’ve contacted PayPal to ask for CCA-  they just keep giving me the same answer ‘follow this link’. Despite me saying over and over again I want a copy of MY agreement not a generic one. That aside - the link doesn’t even work. It’s not possible to view even a generic CCA on their website. Legal - product agreements - PayPal Credit .... ‘sorry this page doesn’t exist’

The account also doesn’t and has never appeared on any of my credit files. I’ve checked the 4 main ones plus Noddle / Credit Karma again yesterday and it’s not there. Neither PayPal nor Lowell’s has reported it at all. 

Also - initially it was passed to Westcott’s - when they contacted me they used the term ‘PayPal Credit account’.

However - all correspondence from Lowell’s / Overdales etc has said ‘Your PayPal account remains unpaid’ etc etc . 

No mention of PayPal Credit. Just basically a negative PayPal account balance. 

From what I’ve read over the last few days there seems to be something a bit off going on with PayPal and PayPal Credit. 

That aside - this account doesn’t seem to exist anywhere other than as the CCJ that’s been awarded. 

I know I am obviously now too late to submit a defence as it were - but any advice / thoughts on where I could go from here / if I can do anything - would be greatly appreciated! 

ItsComingRome

Now the CCJ has been granted, the lack of a CCA is neither here nor there unfortunately.

You should have CCA'd them earlier although I suspect they'd have managed to find it if you'd asked Lowell for it.  It's not a particularly old debt so the likelihood it went walkies is low.

sourcrates

Do you owe the debt ?

Is the amount of the default judgement more or less that was owed ?

If you can answer yes to the above, then you don`t have a case for set aside, as you admit the debt is yours, so you have no defence, and the judgement amount is correct.

You could try and obtain set aside by consent, you would need to have the funds obviously, then speak to the creditor to see if that would be agreeable or not.

The rest is all semantics, the court has decided you owe this money so nothing else has any bearing on the case now.

georgies1

Hi - the thing is I have no idea re: the amount etc as I am unable to access any information/ statements about the original account - it’s all just disappeared. And because it’s never been reported to credit files I can’t even find anything there either! All I have essentially is the amount on the judgement and I have no idea whether it’s correct or not and no (immediate) way of finding out. 

The judgment says a default notice was issued prior to going down the CCJ route but again I can’t find any evidence of that at all - in paperwork or otherwise.

I totally appreciate that I’m very late to the party with this - and ultimately it is what it is.

But obviously not being able to find any info re the account at all - just being told I owe X amount and not being able to even check that’s right feels a bit off to me.

Also just wanting to find out a bit more info re: the criteria that debt buyers like Lowell’s have to follow (if any!). Can they buy any debt or just certain ones? 

And re: the Credit Agreement- the main reason I want to get a copy is because I’m trying to find out exactly what PayPal Credit is classed as ... or at least what it was when I took it out. It’s really hard to work out whether it is a traditional account or BNPL. And if it is BNPL then it’s not FCA regulated so does that mean that Lowell’s shouldn’t have bought the debt in the first place??

So many questions ....!

ItsComingRome

georgies1 said:

Hi - the thing is I have no idea re: the amount etc as I am unable to access any information/ statements about the original account - it’s all just disappeared. And because it’s never been reported to credit files I can’t even find anything there either! All I have essentially is the amount on the judgement and I have no idea whether it’s correct or not and no (immediate) way of finding out. 

The judgment says a default notice was issued prior to going down the CCJ route but again I can’t find any evidence of that at all - in paperwork or otherwise.

I totally appreciate that I’m very late to the party with this - and ultimately it is what it is.

But obviously not being able to find any info re the account at all - just being told I owe X amount and not being able to even check that’s right feels a bit off to me.

Also just wanting to find out a bit more info re: the criteria that debt buyers like Lowell’s have to follow (if any!). Can they buy any debt or just certain ones? 

And re: the Credit Agreement- the main reason I want to get a copy is because I’m trying to find out exactly what PayPal Credit is classed as ... or at least what it was when I took it out. It’s really hard to work out whether it is a traditional account or BNPL. And if it is BNPL then it’s not FCA regulated so does that mean that Lowell’s shouldn’t have bought the debt in the first place??

So many questions ....!

PayPal credit is flexible credit, much like a credit card.

I don't; imagine there would be much if any literal paperwork for any of this, PayPal are essentially a FinTech, they're most likely to try to communicate via email.

I'm not sure why you're digging into Lowell's debt buying criteria or obligations, it's not relevant to this.

You can ask Lowell to provide some statements to back up the debt but at this point, they're not really obliged to play ball with you anymore.  I suppose you could try SAR'ing PayPal and cross your finger they still have the data.