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TheDude1

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  1. I had success with removing 1 default with EE/DCA (£600+), they filed a claim, I defended it and they then removed the default, the one that got removed wasn't supposed to come off my file until 2023, so it is possible. But with £23 I suppose it's not worth the hassle
  2. Hi there, O2 placed a default on credit file for a silly amount of £23 back in 2016, I wasn't aware of any outstanding amount. They claim they sent payment reminder to my email and SMS (Your bill was sent to the registered email address on your account.) I've complained multiple times to try and get it removed, as it's the only blemish on my credit file. I've SAR'd them too but not much info received. The only thing I noticed is my registered email is there 'in house' email i.e. [email protected], which gets created when you open an account. Now obviously this is not my personal email, therefore I wouldn't have seen this email. And I changed my number when the account was finalizing, therefore I wouldn't have received the sms either. In the emails they state: What are the chances of submitting a county court claim and being successful to get it removed on the grounds of: 1. No physical letter received i.e. no default notice, therefore I was not aware of it. 2. Huge detrimental effect on my credit score. 3. Is for a trivial amount. Cheers for any help
  3. Thanks for the help, sorry for the late reply. No, she has not paid anything since the dispute started. The Judge was kind of on her side I think and just rejected the order, not sure exactly why (she doesn't know either) but apparently the solicitor acting for them was quite rude and arrogant, so I guess that didn't help him. Thanks
  4. Hi all, this is still ongoing ! Update: They applied to the County Court for a Repossession Order. My sister attended the hearing (Via telephone) voicing her arguments, the Judge denied the repo order and suggested her to get a solicitor. They are still trying to force her to sign a document to Voluntary Surrender the agreement. We said we won't sign it and will only accept to Voluntary terminate... Same story 'You have lost the right to Voluntary Terminate' Either sign the Surrender document or take it to another hearing.....
  5. Thank you for the help I checked MCOL and its now saying: Notification that the claim against you was discontinued was received on 28/05/2020 at 13:22:12 Can this debt be re-sold to another DCA? (who are unaware of this debt reaching the county court) thus they issue a fresh claim? Or is it likely I won't hear anything again about it ever again? Cheers for all the help
  6. Thanks dx Shame I did miss that out, I must of used an older template, oh well ! Thanks will get it done this week, will post the outcome of this claim
  7. Ok thank you all, here is all the information: Claimant: Lowell Solicitors Date of Issue: 03/02/2020 POC 1. The Defendant entered into an agreement with EE Limited under account reference *******123 ('the agreement'). 2. The Defendant failed to maintain the required payments and the service was terminated. 3. The agreement was later assigned to the Claimant on 06/05/2018 and notice given to the Defendant. 4. Despite repeated requests for payment, the sum on £412.67 remains due and outstanding. 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 in the past had an agreement with EE Limited but do not recognise this specific account and have requested clarification by way of a CPR 31.14 and section 78 request. 2.Paragraph 2 is denied, I am unaware of any existing outstanding balance or breach, nor ever receiving a termination notice from the original creditor. 3.Paragraph 3 is denied I am not aware I received any Notice of Assignment from the claimant nor the original creditor. On receipt of this claim I requested information pertaining to this alleged debt from the Claimants solicitors by way of a CPR 31.14 on the 04th of January 2020 by recorded delivery. Furthermore a CCA section 78 Request was sent to the claimant Lowell Solicitors Limited, by recorded delivery on the 07th of February 2020. On the 15th February 2020, the claimant responded to the CPR 31.14 request stating: "This debt does not arise under an agreement for credit. Therefore it is not regulated by the Consumer Credit Act 1974. This means that the original creditor is not required to retain a copy of the Agreement, if it was in writing, and therefore we are unable to obtain a copy. If the matter proceeds we may ask the court to accept there was a contract based on other evidence that may be available". 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of the agreement, assignment/balance/breach requested by CPR 31. 14, and by a CCA Request, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. 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 of Property Act and Section 82A of the consumer credit Act 1974. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. ------------------------------------- Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Is the claim for - mobile phone account When did you enter into the original agreement before or after April 2007 ? After 2007 Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes - Default 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. DCA Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably Did you receive a Default Notice from the original creditor? Probably Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure Why did you cease payments? sometime in 2016 What was the date of your last payment? sometime in 2016 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Thanks The deadline for me to submit the DQ is very soon this week, so appreciate some help submitting this with mainly regards to mediation section
  8. Ok thanks, looks like I will have to say yes to mediation from reading your post here: Thanks for the advice
  9. Thanks for the advice both I just been googling if I don't submit a DQ, my original defence could get struck out, would they then get judgement by default? Yes I will file the DQ by the deadline thanks, as I am fully defending the claim should I not agree to any mediation service? Thank you
  10. Hi guys, could do with some advice with this one... Basically I received a Claim form from a DCA, it relates to an old mobile phone debt. I defended the claim on the grounds they could not produce any documentation or evidence that I owed the money. Then I received these documents from the DCA: 1. Letter from them stating they are no longer pursuing the claim and they have filed a 'Notice of Discontinuance' to the Court. 2. Copy of Notice of Continuance sent to the Court. Then I noticed on MCOL the DCA filed the DQ and I received a official DQ from the Court. I have never received any offical 'Notice of Discontinuance' from the Court. Does this sound like a genuine mistake? I have emailed the DCA and they say - Unfortunately the Court did not receive the Notice of Discontinuance. or is it a well known sneaky tactic in hope of me not submitting my DQ? What would happen if I don't submit a DQ? Thanks
  11. Nothing much to say about this, we haven't heard nothing from them after the first Letter Before Action. We'll send another LBA and see how it goes. The car is not mine and I merely helping someone, but it looks like she will have to issue a court claim and let the judge decide. If anyone wants to help us build a case (if we have one) we can pay for their expertise.
  12. Well its over now, I offered a F+F and they accepted it. Basically I agreed to pay the repo fee plus the documentation release fee and they wrote off the rest (Interest fees, late charges etc).
  13. Ok thanks that makes sense, I should have mentioned I still got the goods, sorry for the confusion. So are they wrong to charge the repo fee given the fact no repossession took place. And the other fact they had no legal right to repossess anyways.
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