Jump to content

blackpoolman2016

Registered Users

Change your profile picture
  • Posts

    11
  • Joined

  • Last visited

Posts posted by blackpoolman2016

  1. 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.

  2. 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

  3. Particulars of claim

     

     

    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

  4. 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 orangelink3.gif ( 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 formlink3.gif 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

×
×
  • Create New...