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issie56

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Everything posted by issie56

  1. Hi Sham Thanks! Yes, from what I have read on the forums they tend to target the very vulnerable and with legal aid almost non-existent - someone has to step in! these forums do a good job, I am impressed. issie56
  2. Hi Sham I am using the standard one used. See earlier posts yesterday. I do intend to use the defence in my witness statement that I put in the first post. I have started to redraft this. I have just submitted it my defence. So will wait and see. From what I read last night online, it seem that DCA's buy debts in job lots and send them out speculatively in the hope they can either secure judgement by default or get an admission. It seems rare that once asked for proof of the debt that they actually continue to pursue it. Thank you so much of
  3. Re Consumer Credit Act - Sorry, I mean neither it inclusion or exclusion. At the end of the day I am just seeking a fair outcome that can only come about if I defend it properly win or lose. issie56
  4. Hi Sham You are completely spot on with this. I have studied over the past few days in some detail the necessary statutes. I have made clear that I neither admit or deny (As per Civil Procedure Rule 16.5 (1b) the claim. I have stated that as the Claimant's statement of case fails to give adequate information I am unable to properly assess my position with regards to the claim. I have not received the information requested via CPR.31.14, as such I have added that 'I request the court orders the Claimants to provide the necessary documentation in order for me to fully ple
  5. Hi DX I am just putting together my final draft of my defence to send later today. I think I asked this question before - does Section 82a of the Consumer Credit Act 1974 apply to an unregulated mobile phone account. My interpretation of this part of the act is that it is inapplicable, and only applies to regulated accounts. You are the experts though, so have I got this completely wrong? Can I definitely quote this this section of the CCA in my defence? Or should I take it out? (sorry, in a past life before nature took its toll I was an acade
  6. They just said to go back to Lowell. I went to Cohen, they were quite acccurate about dates, I only had my dongle whilst I waited for my internet to be set up. Once I ordered internet this was deactivated (no contract for my dongle this was pay-as-you go). The scant information from Cohen points to my mobile phone, last payment in June 2012 when my internet installation was attempted. Couldn't pay in July 2012 (could but still a balance for my non-existent internet) and so it went to deadlock! My defence should be okay though? At worst, if no
  7. I did, they said they couldn't find the account and referred me back to Lowell, I ask Cohen but they were not giving much away! Is this a normal response?
  8. Okay! that's what I thought, innocent till proven guilty I guess My daughter has just shown me how to find post numbers Will send tomorrow, as I don't think I will receive anything from Lowell and chums by the court deadline anyway. I will update you as to the outcome. Many thanks issie56
  9. Sorry to be dim, do you mean the one that dx kindly sorted for me? i.e. the last one posted last night before today's one? Thank you so much for all your help, you and everyone! issie56:-)
  10. Also, this is why I said in my defence that I neither admit or deny this paragraph and in effect needed clarification which is why I sent a CPR31.14. And this is why I said I would be in a better position to defend when I had this information from Lowell in writing, i.e. I could resubmit my defence should it come to light afterwards that this is not after all for a mobile phone early finish charge (it is not for non-payment of my contract because I was up-to-date - never missed a payment, which I can prove).
  11. Cohen and Cramer were very vague, but said it looked like a mobile phone account not an internet account! The payment dates they quoted would support this.
  12. I am sure it applies to cancellation of mobile phone charge! This has been confirmed to me. But is complicated by the fact that they cancelled my contract not me, because the accounts were put together! I wanted to continue to pay. This is why I am not wanting to admit to it, because I had no choice in the matter, pay all the outstanding amount for that month, phone and internet that I did not have or my account would be suspended, regardless of whether I paid my normal monthly payment of £10.50 as it would still leave the internet balance. As I said in previous
  13. I don't know for sure. My internet account is different to this one and I can't remember what my mobile account was because I never got contract, just an invoice for my phone from the car phone warehouse telling me that Orange would be my supplier. I never missed any payments (£10.50 monthly). It all went wrong when they put all of the accounts together! This, will be for early cancellation charges re my phone which were in effect forced on me because of their refusal to accept payment alone. They promised to sort it out and never did, but without the telephone tra
  14. This looks great. However, I don't want to admit to paragraph 1 in this defence as Cohen and Cramer have told me it is for a mobile phone charge, and were right about when my last payment was, in June 2012. After that they would not take any payments for my mobile phone contract because of the internet dispute which led to my phone being suspended (although I never stopped paying, they stopped accepting payments). So, if I use the internet thing, they can come back and state that it is to do with a mobile phone charge and not the internet that I never r
  15. Hi Dx Sorry, one last question, do I say I neither admit or deny or just say I deny? Still not sure about whether the Consumer Credit Act 1974 bit of my latest defence applies since mobile phones are not regulated by CCA? You can tell I am a complete novice at this! Thanks issie56
  16. Thanks Sham, that's what I thought. So can I still use this in my defence if the debt is for a mobile phone contract early termination (terminated by them not me) - Alternatively, 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. I want to get this defence right! Maybe I am just not understanding this part properly! Many thanks issie56
  17. Hi, sorry for all the questions, but I am a bit confused about what the term un-regulated orange account refers to, if it is un-regulated, does that mean it is not regulated by the Consumer Credit Act 1974? Many thanks issie56
  18. Hi No, I didn't me PM you, I meant post it here! Okay here it is feedback very much appreciated as always. I took out the bit about them threatening a judgement by default. Particulars of the Claim 1.The claim is for the sum of £352.88 due by the Defendant under non-regulated orange account with an account reference of ********. 2.The Defendent failed to maintain contractual payments required under the terms of the account agreement. 3.The debt was legally assigned to the claimant on 27/Aug/2014,notice of which has been given to the defendant. The cl
  19. Found it! I think. I will redo and send to you if that is okay (much simpler ).
  20. I was really stuck so some of it from here and some from a different forum (which really confused me). I can't remember! As such any help would be very much appreciated as I am really stuck. I don't want to acknowledge the debt because I don't know what the amount refers to! I could write that I assume that it is to do with my mobile phone and then write the stuff I wrote at the beginning of this thread? Help!!
  21. Hi I have completed my defence and would really appreciate if you guys could look over it for me and let me know if this is okay or is there anything I need to change. If Lowell come up with all the proof I have asked for, I will use my defence that I explained to you in the beginning, i.e. my dispute. Hopefully this is okay of now though! Okay here it is with possible identifiers removed: 1. The claim is for the sum of £xxxxx due by the Defendant under a non-regulated Orange account with an account number of xxxxxxx 2 The Defendant failed to maintain contract
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