Jump to content

issie56

Registered Users

Change your profile picture
  • Posts

    42
  • Joined

  • Last visited

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 all your help, and DX (even though I get stuck with your abbreviations thank heavens for google!) and Andyorch I am sure it will turn out ok in the end. Will keep you posted issie56
  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 plead my case else the Claim should stand struck out. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment'. I feel this is sufficient to give me scope to expand upon it as you suggest. Thank you for this! I have taken the decision not to include the Consumer Credit Act in my defence as my interpretation of the act is that it is inapplicable to the claim, since the statement of claim refers to an unregulated account. I don't think in the larger scheme of things its inclusion or exclusion will impact on my final defence. issie56
  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 academic so asking questions is second nature). Many thanks for your help!! issie56
  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 not, I should have a future opportunity to explain what I have explained to you guys! with stuff to back it up. issie56
  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 posts, they said they would sort it out and rebill me! They never did this and instead cancelled my account! I wanted to carry on just paying for my mobile phone each month, as I said the internet thing complicated this on their part. What ever happens, I know this is down to them not me. I was told it would be sorted, i.e. internet account cancelled with no charges and mobile phone to continue paying. issie56
  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 transcripts of course I can't prove this! Lesson learnt here, I never have a mobile phone with the same company as my internet! If the worst case scenario happens and I have to go to court, could I appeal a CCJ on the grounds of the internet thing? Also, with the going to court thing, my illness is unpredicatable and if they set a court date and I am ill what would happen? I am in the support group for ESA and worry that if anything happens to me, this will pass to my children (which is why I am fighting this) and at the moment, I am working to be completely debt free in case the inevitable comes sooner rather than later issie56
  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 received! My concern with admitting to paragraph 1 is that it may result in a CCJ as they will come back wit h 'this account is not for a internet charge it is for a mobile phone' In the larger scheme of things this is about my strong sense of justice and not so much about incurring a CCJ. issie56
  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 claim includes statutory interest under S69 of the County Courts Act 1984 at a rate of 8% per annum from the date of the assignment to the date of issue of these proceedings in the sum of £28.23. The claimant claims the sum of £381.11. Defence 1. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement. 2. Paragraph 2 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of the assignment/breach/balance as requested by CPR 31.14 and 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; © show how the Claimant has the legal right, either under statute or equity to issue a claim 3. Paragraph 3 is denied. The Defendant does not recall receiving notice of the debt being legally assigned to the Claimant. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. 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. 5. Notwithstanding the above should the alleged amount claimedinclude an early termination charge(s) 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 if 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. 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. I believe that the facts stated in this claim are true.
  19. Found it! I think. I will redo and send to you if that is okay (much simpler ).
  20. I don't know what post 33 is? Sorry to be dim!!
  21. 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!!
  22. 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 contractual payments required under the terms of the account agreement 3. The Debt was legally assigned to the claimant on xxxxxxxx, notice of which has been given to the defendant. 4. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £xxxx. The claimant claims the sum of £xxxxx Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this defence.eements] with [Original Creditor /Claimant] for provision of credit. Paragraph 1 is denied. The claim is for the sum of £xxxxx allegedly due by the defendant under a non-regulated Orange Account with an account reference of xxxxxx The defendant does not have any knowledge of the alleged account in her files. The claimant has failed to provide adequate details of the alleged account, when the alleged default occurred, the degree of the default and any details as to how the alleged sum has accrued. 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. Paragraph 2 is denied. The Defendant does not acknowledge the alleged account nor accruing or owing contractual payments required under the terms of the alleged contractual agreement by reason of paragraph 1. Paragraph 3 is denied. The claimant's statement of case states that the alleged debt was legally assigned to the Claimant on xxxxxx notice of which has been given to the defendant. The Defendant does not recall receiving notice of this assignment. Paragraph 4 is denied. The Defendant does not acknowledge the sum of £xxxx owing in respect of the alleged non-regulated Orange account reference xxxxxx and therefore denies that the claimant is entitled to statutory interest for the same under S.69 of the County Courts Act 1984. Further to the above, neither the claimant nor the claimant’s representatives notified me of the alleged debt prior to issuing these proceedings. On the 20th of October 2015, I submitted to Northampton County Court the Acknowledgement of Service which was received by the court on this date via the Government Gateway MCOL System a copy of which I printed for my records. I have had it confirmed by the court that my Acknowledgement of Service had indeed been submitted by me and duly filed and that Cohen and Cramer Solicitors for the Claimant in these proceedings, Lowell Portfolios Ltd had received the same. My defence was to be submitted by the 10th November 2015 at 4.00 pm. However, on the 29th October 2015, some 9 days later, I received a letter from Cohen and Cramer informing me that as I had failed to respond with proposals for payment or provide a valid explanation why the debt should not be paid, they were instructed to enter judgment against me, along with detailed and dire consequences of what would happen to me should a judgment be made against me. They therefore asked that I contact, without delay, a company called Lucas Credit Services to make an immediate payment of £466.11 to prevent judgement being entered against me. This was despite Cohen and Cramer being very much aware that I had submitted my Acknowledgement of Service some nine days prior to this correspondence to me from them and that that they were of the full knowledge that I intended to submit a defence by the date ordered by Northampton County Court. I can only surmise from this correspondence that Cohen and Cramer were attempting to intimidate me into paying a debt of money that to the best of my knowledge I do no owe unless information be provided to the contrary by the claimant in these proceedings. On the xxxxxxx I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to xxxxxxxxx where I requested the Claimant provide copies of the Agreement, the Assignment, the Default Notice, the Termination Notice and A full and clear detailed breakdown and explanation of the alleged sum of £xxxxx within 7 days of the receipt of the same. xxxxxx received my request on the xxxxxx. I received a reply to my request on the xx of xxxxxx from Cohen and Cramer that it would be unlikely that the claimant would supply the documents to me within this time period and that they would talk to the claimant for further directions regarding my request and intention to defend these proceedings. At the point of submitting my defence, I have not received any of the requested documents from the Cohen and Cramer nor from Lowell Portfolio Ltd, the Claimant in these proceedings. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), should they be unable to provide the same within the period specified in the CPR31.14. However they have failed to do so. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. It is denied that the Claimant is entitled to the relief as claimed or at all. Statement of Truth The Defendant believes that the facts stated in this Defence are true. Many thanks in advance. issie56
×
×
  • Create New...