Hi Everyone, hoping for advice. Over the last year I have received letters from various DCA's regarding an alleged debt to Everything Everywhere Limited (T Mobile). I have ignored all the letters, as I do not now, nor have I ever, had any kind of contract with T Mobile. I am currently with Tesco, and prior to that I was with Vodafone for about 6 years (both pay as you go).

In December I received the latest letter from HL, saying they are acting for SPV1 Limited, and if I don't reply within 14 days then legal action may be commenced.

Today I received the Claim Form from Northampton. The issue date is 07th February 2013, and the POC's state:

Part of the balance outstanding under a contract made between Everything Everywhere Limited (T Mobile) and the Defendant for the supply of telecommunications services by Everything Everywhere Limited (T Mobile) to the Defendant account number XXXXXXXXXXX, the benefit of which was assigned to the Claimant on XX/XX/2012.The terms of the contract were breached upon the Defendants failure to make payments due under the contract.The Claimant seeks interest pursuant to section 69 of the County Court Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 0.11.

...................................................................................................................................................

As I said, I have never at any time had any kind of sdealings/business with T Mobile.All the phones I have ever had have been pay as you go.

I thank you, in anticipation for any comments/advice on how to proceed with this.Thank You.

Regards

Andy

Have to log off for a short while as I am at work.Will be back as soon as I can.

Regards

Simple Sig

Defend in Full.

Andy

Thanks for replying Andy.It's been a long time, how are you?Last time I had any dealings with a County Court I missed this part because it was all done behind my back.Seeing as I've never had any dealings with T Mobile ever would I be wasting time sending the 31.14? Also, the POC's state 'Part of the balance outstanding'.

There is a massive didfference between what they are claiming, and what they claimed in the letter received in December.Prior to this, I have ignored all letters from the various DCA's because the only thing it has to do with me is the fact letters were sent to me at my address and I have never had any business to do with T Mobile. I know I must therefore defend this, but am not sure how to word it.If you get time, can you please give me some pointers. Thank You.

Regards

Sig.

Hello Again,

I've read lots of threads tonight but cannot find an example of where a claim is issued against someone when they have had no business/dealings with a claimant. I will acknowledge the claim online later today, but would I still have to send a CPR 31.14 request to the claimant? I wouldn't have thought that 'I have never had any dealings with the Claimant or Everything Everywhere Limited (T Mobile)' would be accepted as much of a defence.

I'm coming to the end of my shift in about an hour, so will not be back on until later today. Thank You, in anticipation for your help/advice.

Regards

Signaller

Hi Signaller...Yes Im fine thanks.

No need to CPR...if as you state the debt is not yours/never had any dealings...then that is a full defence. AoS for now and we will think of a suitable response maybe even a possible application with costs to strikeout.

Regards

Andy

Hi Andy, and thanks again for replying.I asked about CPR because even though the alleged debt is not/cannot be mine,they still refer to an agreement and NoA in the POC.We know that certain companies start a claim without documents in the hope that cases are not defended.I will reply to the claim online today and will keep you updated.The claim was issued on 07/02/12 and I received it yesterday. Thank You again.

Regards

Signaller

Hi Andy, and thanks again for replying.I asked about CPR because even though the alleged debt is not/cannot be mine,they still refer to an agreement and NoA in the POC.We know that certain companies start a claim without documents in the hope that cases are not defended.I will reply to the claim online today and will keep you updated.The claim was issued on 07/02/12 and I received it yesterday. Thank You again.

 

Regards

 

Signaller

seems to me they all start cases without the necessary paperwork, hence they use Northampton which much sums it up, they do not have to there, = there is where the fraud lies?

Dont be in a rush to enter your defence just yet...just AoS and follow the time frame. Like I said if its not yours and no knowledge you simply refute and put them to proof within the defence/ application to strike out.

Regards

Andy

Afternoon Signaller. This one should be easy.

Thanks again Andy, and you too DB.I hope you too are well.Had an awful last 12 months and was just getting back to something like normal when this happens.I know theres plenty of time to submit my defence but I feel I may need some help.This is a different case from when you all last helped me, and I do appreciate you.Will acknowledge the claim tomorrow.I was going to do it today but something came up.Will be back in touch soon.Thank You.

Regards

Signaller

Have completed the AoS online.Also phoned to confirm they have it.My defence needs to be in by 12th March. Plenty of time I know, but when you get time can you please give me a few pointers.Thank You.

Regards

Signaller

Interesting that it says ‘part of the balance’. Also looks like a split claim attempt! How much are they claiming? HL are full of dirty tricks (probably more so, now that they’ve acquired Incasso).

While it would possibly suggest some knowledge of the account to instigate CPR – after all, you deny the account is yours – I would be tempted to demand a copy of the contract, details of when it was taken out and at what address, details of any payment method, a full statement of account and transactions, and copies of default notices.

You may even get this quicker by calling EE and making an enquiry. You want to know where statements for the account were sent (I know you’ve had issues with old landlords and post going missing – sounds like a classic ID fraud to me). If you do call, try and record.

Is this account showing on your credit file?

Hello DB, and thank you for popping by.I haven't checked my credit file yet,but will do so.I did think about CPR but as I have no knowledge of this alleged account, I didn't think I could.You all helped me tremendously last time, and I would like to call on your knowledge/advice again for my defence.There's plenty of time though, as it doesn't have to be in until 12th March but I don't want to leave it too late.Thank You again.

Regards

Signaller

They are claiming £499.99.The ammount outstanding is much more than this though. I have phoned T Mobile but cannot record it. Apparently it is to do with a contract taken out in 2009, and they say the debt was sold to Sigma SPV1 in 2012, after the account was closed in 2011.I've never had a T Mobile contract.

Been reading lots of threads over the last few days.As DB rightly says, issuing a CPR request could possibly suggest some knowledge of the alleged account. I have none. I do not now have,nor have I ever had, an account with T mobile.I've always had PAYG,and never with T Mobile.So my defence can only be based on this.As I said earlier, my defence needs to be in by 12th March, but would like to get it in sooner than later.When you get the time, can you please advise my next step.Thank You.RegardsSignaller

Can you tell us what else EE said? Where the account was opened, the address, whether any payments were ever made? How can a balance like that run up on a phone!

" They are claiming £499.99.The amount outstanding is much more than this though."

Did they state this in the telephone conversation Sig? How much more ? Did they request security before discussing the matter?

Regards

Andy

Thank You to Andy and DB for popping by.EE said the account was opened at a previous address of mine, and three payments were made.I was living at that address at that time. EE did not say what the balance was.Only that the alleged account was sold to Sigma in 2012.I have a letter from HL Solicitors, dated 21/12/12 which I only received about four weeks ago saying they act for Sigma, and claiming an outstanding balance of £732.63, and if I don't pay in full within 14 days, action may be commenced against me.No Andy, they did not ask any security questions before discussing anything with me.Signaller

Mmmm the answer may be with who occupied your previous home or was you still living there in 2009?

Would be interesting to know how those payments were made.

The claim is indeed split, to keep the solicitor/court fee costs down.

EE said an account was opened on 13/01/09, and EE closed the account in 2011 before selling it to Sigma on 31/08/2012. In the letter dated 21/12/12 HL say they are only acting for EE.I moved out of that house in June 2009.At that time I did have a mobile but it was PAYG and with Vodafone.I remember applying for a contract phone but was declined due to my credit rating. I cant remember who I applied through.I have no idea how I have became associated with this.I was having massive problems with Welcome at that address at that time, with them sending letters to an address in the same street.I doubt this is related to that though.Sorry I'm taking so long to reply to you, as I'm at work and can only get back on when I can get a break.RegardsSignaller

Would be interesting to know how those payments were made.

 

The claim is indeed split, to keep the solicitor/court fee costs down.[/QUOTE]

 

Not so sure there DB

 

 

up to £300 £25

£300.01 - £500 £35

£500.01 - £1000 £60

 

£25 extra?

 

Andy

Would you pay £25 extra when your collection rate is probably crap? Multiply this by 100 claims and that’s why they do it – most people are scared into paying, IMHO.

Not sure what you meant there Andy.What they are claiming does not include court/solicitors costs.I must defend this.RegardsSignaller

Well yes quite frankly particularly if I was at risk of abusing the court proceeding by way of a split claim....but that just my opinion and stance on understanding the claim.

Andy