sat morn wife got letter from capquest regarding following

account purchased from orange

account no .,.,.,.,.,.....,,,,,,

despite our attempts to contact you to bring the account to satisfactory conclusion,we have not been able to reach an agreement.

we ask that you call us within 14 days on their number

should no contact be forthcoming we may consider an escalation oin collection activity to recover the balance outstanding.

there are still repayments options available to you provided you engage with us

question

leave alone as look as a standard robot letter or what

Standard spiel... Ignore for now.

thanks

termination fee or contract cost till end of term bogus debt?

thanks dx100uk

today letter form Restons regarding outstanding debt from orange asking for me to fill income exp sheet

also stating out that it was sold to cappy on specific date

and notice of asigment sent out

???? reccommendations please

I was considering asking for copy of account and copy of statements

not a lot you can do bar wait until/unless a court claimform comes sadly.

whats the balance

when did she take the phone contract out

and how much are they after.

aam I right in saying its costs to the end of the contract too?

the cost is 912.25 but i know it is less than that i have the sar it says on that airtime plus contract

took out in july2008

when was the last payment?

oct 2012

did e mail in oct last year asking for documents accounts so forth reply said we are working with you to try to supply still nought

looks like it is a waiting game anyway now then i can ask for docs under cpr

you wont need docs

we have a very good mobile defence whereby the balance claimed is made of remaining contract costs

and to date its not failed.

read a few mobile threads in the successes forum.

bit early for them too counter the approaching sb date next years

so its simply the balance that they are after and why they are doing it.

dx

thanks dx got another one on the go with the help i have recieved from members on here especially 2 members i can see the way forward to do it

received...

well it came county court papers

Claimant Capquest

date of issue 20 june 2017

POC

1.The Claimant claims payment of the overdue balance due from the defendant

under a contract between the defendant and orange

dated on or about the ======== and was assigned to the claimant on Sept 2013

2.Particulars account number ,.,.,.,.

date 28/04/2017

item default balance

value £912.25

post ref cr nil

What is the value of the claim?£912.25

Is the claim for a current account (Overdraft)

or credit/loan account or mobile phone account? Mobile phone

When did you enter into the original agreement before or after 2007? after 2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? not to my knowledge

Did you receive a Default Notice from the original creditor? no

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

Why did you cease payments? not working

What was the date of your last payment? oct2012

Was there a dispute with the original creditor that remains unresolved? not known

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?no

AOS and CPR then

you know the score

dx

kk

will do dx

kk sorry about that

no reply to my cpr from cappys solicitors shall i wait or send another one reminding them of their obligation ??

They dont have to comply

Its only a request

No where have we ever said chase a failed cpr

You don't want them to reply...think about it..........

The Defendant contends that the particulars of the 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 particulars allegation to which a specific response has not been made

1. It is accepted that a relationship did once exist between I the Defendant and Orange however, I cannot recall this Contract/Account and the Claimant has yet to provided me with a copy of the Contract/Account mentioned in particulars of the Claim by way of a CPR 31.14 request dated xxxxxxx .

I am also unaware of any Notice of Assignment pursuant to Law and property Act 1925 section 136(1) allegedly served over 4 years ago.

2. Therefore I deny owing any money to the Claimant and the Claimant is put to strict proof.

Show how the Defendant has entered into a Contract/Account with Orange.

Show how the Claimant reached the amount claimed .

Show how the Claimant has legal right,either under statue or equity to issue a claim.

3.As per Civil Procedure Rule 16.5(4) it is expected that the claimant prove the allegation that the money owed ,having been provided with a written request for information under CPR 31.14 and to date have failed to provided Myself with any such documentation as detailed in particulars of the Claim.

4. On the alternative , if the Claimant is an assignee of a debt,it is denied that the claimant has the right to lay a claim due to contraventions of Section 136 of the Law and property Act 1925.

5. Notwithstanding the above should the alleged amount claimed include an early termination charge (s) amounting to the entire balance of the remaining contract OFCOM guidance states that an Early Termination Charge that is made up of the entire balance of the remaining Contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999

6. By reason of the facts and matters set above, it is denied that the claimant is entitled to the relief claimed or any relief.

Checked and edited with additions.You need to complete your CPR 31.14 date

Regards

Andy

Thread moved to Financial Legal Issues Forum

your a star dx and andy

did a study of the unfair terms of consumer contract regulations this afternoon very interesting