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pickpocket

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About pickpocket

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  1. Just received a letter from their solicitors, it attaches; Statement of Account dated 26/May/2016 Shows invoice numbers from 03/01/2010 through to 03/03/2014 showing them ad all being paid with a current balance of £0.00 They have also included two letters, one from Lowell Group saying "You have not paid your Orange Account." The other is from Lowell Solicitors saying "Notice of Acting" both of these letters are dated 130216. That is all that has appeared. No copy of a Default Notice, No Legal Assignment as requested..... Their cover letter reads verbatim; "Our Client: Lowell Portfolio 1 Limited Our Reference: xxxxxxxxxxxxx Thank you for your recent correspondence. (for the avoidance of doubt, I have not communicated with them in any way since the original request). Please find enclosed the requested documents received from our client. We look forward to hearing from you. Yours sincerely some idiot in Lowell " I'm asking really to just confirm my own thoughts but is it a IGNORE?? Nothing has been received from the Court to say they have applied to lift any Stay so it's got to be a fishing trip!
  2. I will get the terminology right eventually.... We are not at 22nd June 16 and according to the Court this morning it is the 33 days from the date of the Defense being received by them. Nothing has been heard from the Claimants or their Solicitors, so the claim should be "stayed" now. Have to say the woman at the court wasn't the most helpful but in your experience does the court issue a document to say it is stayed or do I have to apply for that? I've read a couple of posts and also about applying the the claim to be struck out but there is a fee for it. What in your opinion from past cases would you say is the best route to take now?
  3. Cool. Stayed, they still have to get past a high court judge to have that lifted though. Here's hoping guys....... I'm not bitter with these people at all.
  4. Hi, Am I right in saying they have until end of Business on Monday 20th to respond to the Court before Set Aside is applied? Still nothing heard from the Claimant or the Court.
  5. Mmm. Thanks. The paper letter from HM Courts states at the bottom "where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defense". Sorry Andy, I'm probably being very dim here please would you be kind enough to explain where I am going wrong? ^^^^EDIT: Apologies, I'm not with it. 28+5... Empty head today.
  6. Hi, The Court Service acknowledged receipt of the defence on 04/05/2016 at 14:01, they have 28 days to respond to the court. Can you please confirm for me if the 28 days are working days or simply 28 days and therefore this should be close to being stayed? Thanks so much
  7. Had a letter from Lowell Sols which basically says they have had no response and no reason from me for not making payment or why I shouldn't have to. I'm questioning myself here now but there no need for me to send the defence to Sols is there? Submission final date is Friday.
  8. Thanks. This is more streamlined and to the point. Appreciated. PP
  9. Thank you Andy, Please see my defense below, I would be grateful if you would give it a once over for me? "Me Lowell Solicitors Ltd PO Box 1419 Northampton NN2 1BU Claim Number: XXXXXXXX Sir, Please find below my defence in regards the case of Lowell Portfolio 1 Ltd ‘v’ “ME” 1. Paragraph 1 - The Defendant contends that there had been some dealings with Orange in the past but denies any such agreement with the Claimant, the particulars of claim are generic and vague in nature and as such the claimant must particularise it’s claim in full. The defendant denies having entered into an agreement with the claimant but had previously had dealings with Orange on a Contract for Services basis. The Claimant is yet to disclose any such “Agreement”. 2. Paragraph 2 – The defendant denies being served with any such default notice. 3. The defendant denies owing any monies to the Claimant and denies any such notice being received. The Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; 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; (d) put to strict proof to provide assignment in writing signed by the assignor at time of alleged assignment. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of cliam. 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 1925. 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. Yours faithfully ME Cc – Northampton County Court Bulk Handling Centre" PP
  10. Yeah, fair enough. Does seem that wording of the POC should be more accurate. Either way, not an issue. I've pretty much drafted my defense, would you have a look over it?
  11. Letter arrived this morning from Lowell Sols. Verbatim "Thank you for your letter of 9th April 2016 We can confirm that your request for documents has been forwarded to our client and we will forward the documents to you upon receipt however it is unlikely to be within the seven day deadline of your letter. Please be advised that this account is a telecommunications account and therefore is it not regulated by the Consumer Credit Act 1974 and so consequently our client is not under an obligation to provide a copy of the agreement. Please note that legal proceedings have now been issued and we confirm receipt of your Acknowledgement of Service on the 14th April 2016. From this date you have an extra 14 days to file a response to the claim form. If this is not done a County Court Judgement may be entered against you. We look forward to hearing from you." As they have referenced an "Agreement" in their POC, surely they are obliged to provide one? Not getting hung up on this but it just seems as though they don't have a clue what they're doing.
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