Jump to content

cancookwill

Registered Users

Change your profile picture
  • Content Count

    39
  • Joined

  • Last visited

Community Reputation

1 Neutral

About cancookwill

  • Rank
    Basic Account Holder
  1. Hi Dx Many thanks 1. Paragraph 1 is denied I have never held a mobile telephone contract with Orange. 2. Paragraph 2 is noted but is irrelevant as I have never held a mobile telephone contract with Orange. 3. Paragraph 3 is denied for the above reasons. Therefore the Claimant is put to strict proof to: (a) provide evidence of the alleged contract with Orange : 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the amount of £558.53 is owed; 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  2. Hi Andy I was going to send this in my defence I haven't been able to sign in on line I called the court and they said I could email it to them 1 The Claimant’s claim is for the sum of £558.53 being monies due from the defendant to the Claimant under a mobile telephone contract between the defendant and orange (reference ..... 2 The Debt has been legally assigned to the Claimant and a Notice of Assignment has been provided to the defendant. 3 The Defendant has failed to make payment in accordance with the terms of the contract and the current balance on the account is £558.53 And the claimant claims 1.The sum of £558.53 2. Costs 1. Paragraph 1 I have no knowledge of a debt to Orange or of entering into an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. 2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute 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 is owed; 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 of Property Act and Section 82A of the consumer credit. Act1974. 5. The amount claimed will likely include an Early Termination Charge amounting to the entire balance of the remaining contract. Ofcom guidance states that any 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 the service. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  3. Hello I am sending my defence via email today I have just put in my defence for this claim I put that I Acknowledge no debt for a mobile contract from Orange I have never received or seen the original Notice of assignment I have never had a Orange account
  4. Hi Andyorch Ok I have spoken to the court they explained about submitting my dispute what would you suggest i put down on my defence please
  5. HI Andyorch I filled out the claim form on the MCOL site using the password on the on the original form, do I also have to fill out the form as well ? Thank you for your input
  6. HI DX 100uk I have had letter back from saying that this was originally a o2 matter and as such there is no provision for our client to provide a copy of the service agreement or default notice in this matter statements have been requested and will be forwarded to you upon receipt as a county court claim form has been issued against you we suggest you complete and return the claim form including any offer of repayment you wish to make I thought I had filled out the form on line defending all of the claim the accounts been put on hold for 14 days should you fail to respond to the claim form Judgment will be entered in default against you
  7. HI DX 100uk I have had letter back from saying that this was originally a o2 matter and as such there is no provision for our client to provide a copy of the service agreement or default notice in this matter statements have been requested and will be forwarded to you upon receipt as a county court claim form has been issued against you we suggest you complete and return the claim form including any offer of repayment you wish to make I thought I had filled out the form on line defending all of the claim the accounts been put on hold for 14 days should you fail to respond to the claim form Judgment will be entered in default against you
  8. Hi dx I have filled out the form and this is the car 31:14 I will send to Drydens [removed - dx] now go read the top red bit on the 31:14
  9. Hi Dx100UK Thank you for replying and looking at it What would you suggest I put on my defence should I ask the solicitors for the account info they have and deny all knowledge of it will they have the original account paperwork ?
  10. Just thought I would like to add that the wording of the claim form they say it is for a Orange with an account number I have never had a Orange account it was O2 No unfortunately the first date of default on my credit file is 08/10/2011 Just thought I would like to add that the wording of the claim form they say it is for a Orange with an account number I have never had a Orange account it was O2 Just checked my credit file and the first default starts in June 2012 there isn't anything on there before that
  11. Date of issue – 25/04/17 What is the claim for – 1 The Claimant’s claim is for the sum of £558.53 being monies due from the defendant to the Claimant under a mobile telephone contract between the defendant and Orange (reference ..... 2 The Debt has been legally assigned to the Claimant and a Notice of Assignment has been provided to the defendant. 3 The Defendant has failed to make payment in accordance with the terms of the contract and the current balance on the account is £558.53 And the claimant claims 1.The sum of £558.53 2. Costs Contact drydensfairfax solicitors On 0113 823 3850 What is the value of the claim? £558.53 [ Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile When did you enter into the original agreement before or after 2007? Not sure my noodle credit report says account started 2010 I think that is when Arrow started not 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 has taken it to court Were you aware the account had been assigned – did you receive a Notice of Assignment? Not a hundred percent certain I did get letters from the DCA saying that they had the account Did you receive a Default Notice from the original creditor? It was along time ago I don't think I had moved Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? I have never made a payment What was the date of your last payment? No payments made Was there a dispute with the original creditor that remains unresolved? No I did offer to pay them direct and they refused Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? I did say that I had lost my job at the time No I didn’t enter a Debt Management plan
×
×
  • Create New...