blackpoolman2016
-
Posts
11 -
Joined
-
Last visited
Content Type
Profiles
Forums
Post article
CAGMag
Blogs
Keywords
Posts posted by blackpoolman2016
-
-
was this ok ??
-
1. Paragraph 1 is neither admitted or denied with regards to the
Defendant entering in to 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.
-
filed online on Friday , stating they had failed to provide evidence I actually owned the debt , and had failed to provide proof of debt
-
good Morning all
A quick update , finally heard back from drydens after my CPR request.
they have written informing me they have sent the request to their clients ( arrow global )
and they will forward the requested document to me.
in the meantime the matter is on hold
so how does this leave me with the court,
I have already filed my defence as this had taken them so long to reply ??
any help appreciated
Blackpoolman
-
this is what I will be sending , could someone have a quick look over tell me if ok many thanks
CPR 31.14 Request
[template removed - please read the 31:14 thread and our rules - templates should not be posted in the open forum - thanks - dx
-
Thank you for your help. yes I think it was for remainder or contract , I think I was cut off and at the time unable to pay the direct debit ect .
I have been on the MCOL website and filled in relevant and the CPR 31:14 will be sent off first thing in the morning to Drydens the solicitors
Regards
-
do I need to put why I am defending the claim at this stage ??? and if so what do I say ??
-
1.the claimants claim is for the sum of £504.07 being monies due from the defendant to the claimant under a mobile telephone contract between the defendant and orange ( Reference xxxxxxxx ).
2. The debt has been legally assigned to the claimant and Notice of assignment has been provided to the claimant.
3.The defendant has failed to make payment in accordance with the terms of the contract and the current balance on the account is £504.71
and the claimant claims
1. the sum of £504.07
2.Costs
Actual amount I owe for the debt is £419 on the claim form it says amount claimed £419 court fee £35 Legal rep £50 total amount £504.07
-
Name of the Claimant ? Arrow Global
Date of issue – top right hand corner of the claim form – 14th July 2015
What is the claim for –
1.the claimants claim is for the sum of £504.07 being monies due from the defendant to the claimant under a mobile telephone contract between the defendant and orange ( Reference xxxxxxxx ).
2. The debt has been legally assigned to the claimant and Notice of assignment has been provided to the claimant.
3.The defendant has failed to make payment in accordance with the terms of the contract and the current balance on the account is £504.71
and the claimant claims
1. the sum of £504.07
2.Costs
Actual amount I owe for the debt is £419 on the claim form it says amount claimed £419 court fee £35 Legal rep £50 total amount £504.07
What is the value of the claim? £504.07
Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile Phone
When did you enter into the original agreement before or after 2007? Sept 2009
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. debt Purchaser
Were you aware the account had been assigned – did you receive a Notice of Assignment? NO
Did you receive a Default Notice from the original creditor? NO
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO
Why did you cease payments? July 2011
What was the date of your last payment? June 2011
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 managemen plan? NO
-
Hi To all . new here and seeking some advice ,
I have received a claim form and a letter on Friday relating to an old orange mobile debt from 2011
which has been banded about between several debt collectors over time .
I am just asking advice and what is the best way to go forward with this.
I do not have any old paperwork so I have no records of whether I received default ect .
regards
Arrow/drydens claim form - old orange mobile debt
in Financial Legal Issues
Posted
ok thanks anyway , it was copied from elsewhere . just wait and see what happens now. ill await drydens or arrow globals documents if they exist