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Everything posted by woody1066

  1. I have spoken to the court. They have no record of it being discontinued but they have a 3 week backlog
  2. I agree with you citizen. They did attach a copy of the discontinuance form they say they have sent to the court. I have made a (small) donation to cag by way of thanks
  3. Its still at Northampton . There is no phone number on the AOS form
  4. I have just had a look and it is still active. I only got the letter on Saturday though. I will have a look tomorrow. If it isn't what do you suggest my best course of action to be?
  5. I received a notice of discontinuance this morning. Thanks for all of the help and advice. I will be making a donation to CAG by way of thanks
  6. Ok ignore that last post I got in eventually. It is asking me if I want to make a counter claim. Should I?
  7. Help I cannot log onto MCOL to post my defence. I know I am typing the correct claim number and password
  8. OKKKKKK Where can i get a holding defence and what then? Sorry as I said I am new to this so treat me like the imbecile that I am
  9. I am looking at an embarrased defence, I hope that is the correct one to go for. Would you reccomend that I put in a claim for costs at the same time. I appreciate your help and ask that you be patient with me as this is all new to me
  10. Ok it has been 1 week since the CPR request was signed for. Nothing heard back. What is my next move?
  11. Ok CPR13 request amended to include the items above and will be posted tomorrow. What happens next?
  12. This is what is being sent tomorrow. Can somebody check it over for me please? Dear Sir, Re: Capquest Investments Limited v Woody1066 Case No:******* CPR 31.14 Request On 3RD JUNE 2014 I received the Claim Form in this case issued by you out of the County Court Business Centre I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the document mentioned in your Particulars of Claim: A contract Between Orange and the Defendant 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. [Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence], at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response. Yours faithfully
  13. Ignore that last one I was being hard of thinking. I have acknowledged service and have stated that i am defending the claim
  14. I am trying to respond on MCOL to this claim but it tells me that either the claim number or password is wrong
  15. Thanks but it is not for a current account its for a mobile phone
  16. You have received a claim formicon. In order for us to help you we require the following information:- Name of the Claimant ? Capquest Investments limited Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 30th May 2014 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. See My Previous post What is the value of the claim?£584.99 Has the claimant included section 69 interesticon (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? No just Solicitors costs of £50.00 Is the claim for a current or credit/loan account or mobile phone account? Yes Mobile phone When did you enter into the original agreement before or after 2007?As I never had had this mobile its hard to say 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. The debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?Not that I remember Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Dont think so Why did you cease payments:- Not my debt, fraudulent mobile phone contract Was there a dispute with the original creditor that remains unresolved? Yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Request 1 - Loans/Credit Cards Request 2 - Current accounts You may use a CPR part 18icon request for any other information (not request documents) that you might require in order to defend yourself. Please not that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason. If you require CPR Part 18 - this will need to be drafted specifically. If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.
  17. Here are the particulars of the claim: Part of the balance outstanding under a contract made between Orange and the defendant for the supply of mobile telecommunications services by Orange. To the defendant number xxxxxxxxx the benefit of which was assigned to the claimant on 23rd of September 2011 the agreement was terminated by orange upon the defendant's failure make payments to the contract
  18. Here are the particulars of the claim: Part of the balance outstanding under a contract made between Orange and the defendant for the supply of mobile telecommunications services by Orange. To the defendant number xxxxxxxxx the benefit of which was assigned to the claimant on 23rd of September 2011\ the agreement was terminated by orange upon the defendant's house make payments to the contract
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